Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2018-09-18 10:00 AM REGULAR MEETING
BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN EGULAR SESSION ON SEPTEMBER 18, 2018 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 - Judge Peters Call for Citizen input and/or concerns Consider and take action on agenda items 3-27: 3. Proclamation 18-039 declaring September 17-23, 2018 as Constitution Week. 4. Proclamation 18-040 designating October 7-12, 2018, as National 4-H Week in Texas. 5. Proclamation 18-043 declaring September 23, 2018 as Pleasant Grove MissionaryBaptist Church 125th AnniversaryDay_ 6. Acceptance of cash donation to the Sheriffs Office from the city of Wixon Valleyin the amount of $8000.00. 7. Payment Authorization to SiteOne Landscape Supply in the amount of $283.62 for irrigation supplies. There 8. Payment Authorization to Kraft Power Cor p.in the amount of $85.93 for air cleaner. There was an open purchase order but the amount exceeded remaining balance at the time of payment. 9. Payment Authorization to LarryYoung Paving Inc. in the amount of $20,992.50 for Hot Mix application/Old Hwy 6; a. purchase order was obtained in advance; however, actual square footage applied exceeded allowable change order threshold. 10. Approval of the job description for Class Code 0832, Position 14 - TemporaryAttendant, Building & Grounds for Exposition Complex. 11. Approve contract with Texas Voting Systems, Inc for election services for the November 6, 2018 General Election. 12. Request approval of Service Order Agreement with IACPNet Subscription. 13. Authorization for Judoe Peters to sign the Memorandum of Anraamant hatwaen Rm7nc c„I nt„ nnfl rho Federal Emergency Management AgencyInteg Management Office 14. Approval of the following Community Support Contracts for FY 2019: • a_Aggieland Humane Society, Ince • b. Arts Council of Brazos Valley • C. Big Brothers Big Sisters of Brazos Valley • d. Boys & Girls Clubs of Brazos Valley. c1E-Muu,typn- 1/3 7 • e. Brazos County Historical Commission Vol. dP9. oC Q !� https://brazos.novusagenda.com/agendapublic/MeetingView,aspx?lVleetingID=1231&Menu es e ram • f. Brazos County Precinct 3 Volunteer Fire Department, Inc. • g. Brazos County Precinct 4 Volunteer Fire Department, Inc. • h. Brazos County Soil & Water Conservation District #450 • i. Brazos Valley Council of Governments - Indigent Health • j. Brazos Valley Economic Development Corporation • k. Brazos Valley Veteran's Memorial • I. Bryan/College Station Chamber of Commerce, Inc. • m. Dispute Resolution Center -Central Brazos Valley, Inc. • n. District Two Volunteer Fire Department, Inc. • o. Easter Seals Greater Houston • p. Experience Bryan College Station • q. Health For All, Inc. • r. Junction 505 • s. Mental Health Mental Retardation Authority of Brazos Valley • t. National Alliance on Mental Illness- Brazos Valley, Inc. • U. Scotty's House • v. South Brazos County Fire Department, Inc. 15. Renewal of contract #19-063R for Concession Services with Bailey Concessions 16. Renewal of contract #19-064R for Stall Shavings and Pellets with: • a. Agri -Wood Products for line item 1 • b. A & B Livestock Supply for line item 2 17. Approve contract #19-069 with Dahill for FY'l9 copier maintenance and service. 18. Cancel Service Contract 18-087 with Argyle due to non-performance - Security Control Computer Upgrade & integration with Security Surveillance System - Brazos CountyJail. 19. Approval of order exempting the contract with Stanley Security from competitive solicitation pursuant to the Texas Loacal Government Code 262.024(a)(7)_ 20. Approval of Contract 19-074 with Stanley - Security Control Computer Upgrade & Integration with Security Surveillance System - Brazos County Jail. 21. Final Plat of University RV Park Lot 1 and Drainage Common Area along with request for variance to Article 7.H.3 of the Brazos County Subdivision Regulations pertaining to drainage and flood control; 17.839 Acres, J.M. Barrera Survey,A-68, Tract 19; Brazos County, Texas Site is located in Precinct 1 22. Approval of the Treasurer's Report for July -20 18. 23. Expenditure Journal Entries • 080207 • 090043-090044 24. Tax Refund Applications for the following: a. CDJ Ca'r'eer Apparel LLc % Claudia Dejesus - Overpayment $252.88 • b. David S. & Sandy R. Bolleter - Overpayment $308.69 • c. Julio Lara - Overpayment $267.34 • d. Enervest Operating LLC - Overpayment $3,325.25 25. Budget Amendments. Budget Amendments FY 17/18 50.1-50.3 26. Personnel Change of Status. Personnel Action Forms 27. Payment of Claims. 28. Sheriffs report on inmate population. 29. Announcement of interest items and possible future agenda topics 30. Call for Citizen input and/or concerns' 'y 31. Adjourn. Iva' 01 % Pg. 'Z b 7 https://brazos.novusagenda.comiagendapu blit/MeetingView.aspx?Meetingt D=1231 &MinutesM eeti ngl D=-1 &doctype=Agenda 2/3 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court, and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. _ Vol.-,tg—zff Pg. Ga https://brazos.novusagenda.com/agerdapubtic)MeetingView.aspx?Meeting)D=1231 &MinutesMeetinglD=-1 &doctype=Agenda 3/3 BRAZOS COUNTY B RYAN J EXAS NOTICE OF ADDENDUM ;;„ o, --p BRAZOS COUNTY COMMISSIONERS COURT In addition to the Regular Meeting, the Commissioners Court will consider and take action on the following iteni MEETING September 18, 2018 DATE: MEETING 10:00 AM TIME: MEETING Commissioners Courtroom of the County Administration Building, PLACE: 200 S. Texas Ave., Suite 106, Bryan, Texas 1. Resolution 18-011 naming the meeting room at the Health District the "Ken Bost Meeting Room". The Commissioners Courtroom of the County Administration Building, 200 S. Texas Ave., Suite 106, Bryan, Texas 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. 02 7 % . Pg. MINUTES SEPTEMBER 18, 2018 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, September 18, 2018 Wth the folloWng members of the Court present: Duane Peters, County Judge, Absent; Steve Aldrich, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2, Presiding ; Nancy Berry, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Judge Peters Commissioner Catalena led the prayer and pledge in Judge Peters' absence. 2. Call for Citizen input and/or concerns Commissioner Catalena reminded Department Heads to pick up their Budget Packets after court. Consider and take action on agenda items 3-27: 3. Proclamation 18-039 declaring September 17-23, 2018 as Constitution Week. va. a 9 pg. Commissioner Steve Aldrich read aloud Proclamation 18-039 designating the week of September 17-23, 2018 as Constitution Week and urges our citizens to reaffirm the ideals which the framers of the constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained, and to express gratitude for the privilege of being an American in a Republic which functions under the oldest constitution still in active use today. Leonora Owre, representative of the Daughters of the American Revolution was present to receive the proclamation and thanked the Court for their support. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 4. Proclamation 18-040 designating October 7-12, 2018, as National 4-H Week in Texas. Commissioner Nancy Berry read aloud Proclamation 18-040 designating the week of October 7 through 12, 2018 as "National 4-H Week" in Texas. The Court commends the 4-H Youth Development Program of the Texas A&M AgriLife Extension Service and the many men and women who have made the program a success. County Extension Agent and 4-H Advisor Flora Williams thanked the Court for their support of the 4-H Program and mentioned that the Court has been awarded the "Friend of 4-H" award. Ms. Williams also introduced Ashley Skinner to the Court. Members of the Brazos County 4-H Council Officers introduced themselves.and described the various projects they are involved in. Commissioner Catalena thanked the 4-H members for the wonderful breakfast they provided for everyone. A copy of the proclamation is attached Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 5. Proclamation 18-043 declaring September 23, 2018 as Pleasant Grove Missionary Baptist Church 125th Anniversary Day. The Court joins with the mayor of the City of Bryan in recognizing and celebrating the 125th Anniversary of the Pleasant Grove Missionary Baptist Church. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich, Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 6. Acceptance of cash donation to the Sheriff's Office from the city of Wixon Valley in the amount of $8000.00. Voll— Pg. 02 /% Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. Payment Authorization to SiteOne Landscape Supply in the amount of $283.62 for irrigation supplies. There was an open Purchase Order but the amount exceeded the balance at time of payment. This payment authorization was requested by Facility Services. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. Payment Authorization to Kraft Power Corp.in the amount of $85.93 for air cleaner. There was an open purchase order but the amount exceeded remaining balance at the time of payment. This payment authorization was requested by Facility Services. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters, Payment Authorization to Larry Young Paving Inc. in the amount of $20,992.50 for Hot Mix application/Old Hwy 6; a purchase order was obtained in advance; however, actual square footage applied exceeded allowable change order threshold. This payment authorization was requested by the Road and Bridge Department. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 10. Approval of the job description for Class Code 0832, Position 14 -Temporary Attendant, Building & Grounds for Exposition Complex. A copy of the job description is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 11. Approve contract with Texas Voting Systems, I nc for election services for the November 6, 2018 General Election. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 12. Request approval of Service Order Agreement with IACPNet Subscription. A copy of the service agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 13. Authorization for Judge Peters to sign the Memorandum of Agreement between Brazos County and the Federal Emergency Management Agency Integrated Public Alert and Warning System Program Management Office Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 14. Approval of the following Community Support Contracts for FY 2019: • a. Aggieland Humane Society, Inc. • b. Arts Council of Brazos Valley • c. Big Brothers Big Sisters of Brazos Valley • d. Boys & Girls Clubs of Brazos Valley • e. Brazos County Historical Commission • f. Brazos County Precinct 3 Volunteer Fire Department, Inc. • g. Brazos County Precinct 4 Volunteer Fire Department, Inc. • h. Brazos County Soil & Water Conservation District #450 • i. Brazos Valley Council of Governments - Indigent Health • j. Brazos Valley Economic Development Corporation • k. Brazos Valley Veteran's Memorial • I. Bryan/College Station Chamber of Commerce, Inc. • m. Dispute Resolution Center -Central Brazos Valley, Inc. • n. District Two Volunteer Fire Department, Inc. • o. Easter Seals Greater Houston • p. Experience Bryan College Station • q. Health ForAll, Inc. • r. Junction 505 • s. Mental Health Mental Retardation Authority of Brazos Valley • t. National Alliance on Mental Illness- Brazos Valley, Inc. • u. Scotty's House • v. South Brazos County Fire Department, Inc. A copy of each contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 15. Renewal of contract #19-063R for Concession Services with Bailey Concessions A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 16. Renewal of contract #19-064R for Stall Shavings and Pellets with: • a. Agri -Wood Products for line item 1 • b. A & B Livestock Supply for line item 2 A copy of the bid tabulation and renewal of contracts is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 17. Approve contract #19-069 with Dahill for FY'19 copier maintenance and service. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 18. Cancel Service Contract 18-087 with Argyle due to non-performance -Security Control Computer Upgrade & Integration with Security Surveillance System -Brazos County Jail. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 19. Approval of order exempting the contract with Stanley Security from competitive solicitation pursuant to the Texas Loacal Government Code 262.024(a)(7). A copy of the order is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 20. Approval of Contract 19-074 with Stanley- Security Control Computer Upgrade & Integration with Security Surveillance System - Brazos County Jail. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 21. Final Plat of University RV Park Lot 1 and Drainage Common Area along with request for variance to Article 7.H.3 of the Brazos County Subdivision Regulations pertaining to drainage and flood control; 17.839 Acres, J.M. Barrera Survey, A-68, Tract 19; Brazos County, Texas. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. Vol. a % Pg.C�_ /Z/ 22. Approval of the Treasurer's Report for July 2018. The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for July 2018. A copy is attached and made apart of these minutes. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 23. Expenditure Journal Entries • 080207 • 090043-090044 A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 24. Tax Refund Applications for the following: • a. CDJ Career Apparel LLc % Claudia Dejesus -Overpayment $252.88 • b. David S. & Sandy R. Bolleter - Overpayment $308.69 • c. Julio Lara -Overpayment $267.34 • d. Enervest Operating LLC -Overpayment $3,325.25 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 25. Budget Amendments. Budget Amendments FY 17/18 50.1-50.3 50.1 Transfer funds from Contingency to the Sheriff's Office. 50.2 Reallocate funds for the Treasurer. 50.3 To recognize revenue to support cost of Health & Life Stop Loss and Medical Claims for the remainder of FY 2018. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 26. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 27. Payment of Claims. Claims 8007739 - 8007975 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. ADDENDUM At this point Commissioner Catalena deviated from the agenda and considered item 1 of an Addendum to the Agenda to consider Resolution 18-011 naming the meeting room at the Health District the "Ken Bost Meeting Room". Commissioner Berry offered a motion to adopt the resolution naming the meeting room the "Ken Bost Meeting Room" at the Health District. Commissioner Aldrich seconded the motion and it passed unanimously. A copy of the resolution is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters. 28. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 710 inmates in jail, 585 inmates are male and 125 are female, 39 have electronic monitors and 20 are pending for monitors. 29. Announcement of interest items and possible future agenda topics. Commissioner Berry thanked the super group of 4-H members and the members representing Constitution Week for their attendance. Commissioner Catalena announced that he and Commissioner Aldrich attended the Bryan Independent School District Open House last night and said the new Administrative Building looks really nice. Commissioner Aldrich also mentioned the collaborative effort in securing the State 4-H Horse Show to the Brazos County Expo Complex for the next five years. Commissioner Catalena added to that saying the show will keep hotels full for about a week. Commissioner Berry also commented saying that people will also be eating at restaurants. Information Technology Director Eric Caldwell stated he wanted to add to Item 13 and said on October 3, 2018 at 1:18 p.m. there will be testing of the National Alert System through text messages. 30. Call for Citizen input and/or concerns vol. 7,\ �7 2 pg.a ,� There was no citizen's input. 31. Adjourn. The foregoing minutes of the Commissioners Court Meeting held September 18, 2018 have been examined and are approved in open Court this 2nd day of October 2018, in Bryan, Brazos County, Texas. Duane Peters County Judge Steve Aldrich Commissioner, Precinct 1 l Al�2Ll Sammy Catalen Nancy Berry Commissioner, 7Precinct 2 Commissioner, Precinct 3 Irma Cauley \.ww� Commissioner, Precinct 4 Attest: 6 '� Karen McQueen County Clerk Vol. 7 pg 2 %'f Pg-1of4-r BRAZOS COUNTY COMMISSIONER'S COURT DAY OF A _ W 1 Name (PLEASE PRINT) ShrAyyon Zi o5eAr l Organization (PLEASE PRINT) Lxv,'A, & 649 An, W P c-boPic 11' E . Fy. Pg Z of -T BRAZOS COUNTY COMMISSIONER'S COURT QDAY OF. G , 201P AMS; Name (PLEASE P Organization G- N 4-447 q -q U -H 4--Al- L4 --Al- U da Pg .'-7 of -T BRAZOS COUNTY COMMISSIONER'S COURT Z_&DAY •AOF r 1 i r2�r� (PLEASE PRINT) al RPejLS :sli t (rft- a. ct J�b-fj A l'AMRw -M<w, A ov L4f vd -rb7,.wis �' eu 1.i a DCA US Organization (PLEASE PRINT) ) Ll 10, f� / -,7)4-,+5 F40C-#-05 ah(4� 6ci% (dllej� Co l lz�c. Vol, Pg.1of-t BRAZOS COUNTY COMMISSIONER'S COURT DAY OF 201P Name (PLEASE PRINT) Organization (PLEASE PRINT) ►=61,1111-112 :►��J uwl E �,� P9. Zo1� I Proclamation Constitution Week WHEREAS September 17, 2018 marks the two hundred thirty first anniversary of the drafting of the Constitution for the United States of America by the Constitutional Convention; and WHEREAS It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion; and WHEREAS Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17-23 as Constitution Week. NOW, THEREFORE, BE IT PROCLAIMED that the Brazos County Commissioners Court does hereby proclaim the week of September 17-23, 2018 as Constitution Week AND urges our citizens to reaffirm the ideals which the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained, and to express gratitude for the privilege of being an American in a Republic which functions under the oldest Constitution still in active use today. PROCLAIMED this 18`" day of Se tember, 201 Duane Peters County Judge Commissioner Steve Aldrich Precinct 1 Commissi er Nancy Berry 0 Precinct 3 18-039 F01.--! P9- g a- 4S (01 4•H VN/EE01 OCTQBER 713, 2.078] WHEREAS, The Brazos County Commissioners Court is proud to honor the 4-H Youth Development Program of the Texas A&M AgriLife Extension Service for 111 years of providing experience -based education to youngsters throughout the Lone Star State; and WHEREAS, This admirable program, which seeks to provide a learning experience for the whole child, including head, heart, hands, and health, helps young Texans to acquire knowledge, develop life skills, and form attitudes to enable them to become self-directed, productive, and contributing members of our society; and WHEREAS, Its more than 550,000 urban, suburban, and rural youth participants, ranging in age from eight to nineteen, hail from diverse ethnic and socioeconomic backgrounds and truly represent a cross-section of the state; and WHEREAS, The program undoubtedly could not have achieved the success that it has today were it not for the service of its more than 22,000 volunteers, who have given generously of their time, talents, energies, and resources to the youth of Texas; and WHEREAS, Throughout its proud history, the 4-H program has developed positive role models for countless Texans and through its innovative and inspiring programs, continues to build character and to instill the values that have made our state strong and great; now, therefore, be it RESOLVED, That the Brazos County Commissioners Court , hereby designates October 7-13, 2018 as National 4-H Week in Texas and commend the 4-H Youth Development Program of the Texas A&M AgriLife Extension Service and the many men and women who have made the prograrXrrmreeZ. County Commissioner Precinct 1 0 Commissioner Precinct 3 9-18-2018 Date F a % % Pg. �2/ 5 Giaeraae: September 23, 2018 marks the 125°i anniversary of the Pleasant Grove Missionary Baptist Church, 310 West Martin Luther King in Bryan, Texas, which was dedicated to the service of God and Humanity in 1883 in the form of a small group of dedicated and devoted worshippers/members gathered beneath a brush arbor; and v/ I;ea6r Pleasant Grove Missionary Baptist Church, for many generations, has provided spiritual guidance to its congregation and moral leadership to the community; and cm".. we give pause, honor and praise to God on this day for the deep and abiding Christian commitment of those who in faith began this work, and for all those who have given so unselfishly during these many years to help the work grow and thrive, and provide valuable human services where the need was great; and G!'leer - our entire community has benefited from the fine Christian influence this church has exerted through the years, and the many facets of its outreach and practical assistance to the needy; and it is a pleasure to extend this expression of our esteem and best wishes to the members of this congregation on the memorable occasion of this Anniversary. d%jOml I, Andrew Nelson, as Mayor of the City of Bryan, Texas, and acting on behalf of the Bryan City Council, do hereby proclaim September 23, 2018 as: PLEASANT GROVE MISSIONARY BAPTIST CHURCH 125Tr' ANNIVERSARY DAY CITY OF BRYAN, TEXAS I NOW �wffi Andrew Nelson, Mayor va. BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY DONATION OF COUNTY PROPERTY Date: 09/13/18 ❑ Acceptance of Donated/Awarded Property ❑ Donation of County Property (Awarded property requires signed court documentation) ❑ Acceptance of Donated Inmate Property (Requires signed inmate documentation — NO VALUE ASSESSED) Item Description: CASH DONATION Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year: SNNIN #: ❑ Functional ❑ Non -Functional. Explain if Non -Functional Additional Description/Information: Any monies not used within the current fiscal year are to be rolled over into the same department for the following fiscal year. Estimated Value: $8,000.00 Check box for Capital Asset (value/initial cost is over $5000) Check the appropriate account based on estimated value of property being accepted: ❑ 61235000 (Donation - Other)* ❑ 60010000 (No Asset Tag -Under $500) ❑ 67010000 (Minor Property - $500 - $4999) ❑ 80010000 (Capital Property - Over $5000) Check the appropriate donated to: Government Entity: Other (Due to Statuatory requirements prior approval is required by Purchasing: property being Organization Name Organization Name *nnnntinn — nther fn by vcad fnr frock dnnmad rn Rrnznc Cn n w fnr uce nfn nnn-enunty exnendirure I certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court base o ch things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Brazos County Sheriffs Dept. Department Name Authorized Signature C, 4t o� tx��� uatt� Organization R ng Property: ma�IaC� n.Sde�� Authorized Signature Approved b missioners Court on this A5 pby of S _ 1Y.11 �1 w Commissio sCourt ApprovalVol, fjn i. Class Number: Pay Group: FLSA Status: Approved Date Position End Date: Brazos County Job Description Last Updated: September 2014 832 Title: 09 Department: Non Exempt Reports To: 10/01/2018 EEOC Category Temporary 09/30/2019 Employee Signature: Pcs. f, j 0 Template Revision 1.2 09/15/2012 Attendant, Building & Grounds (1040 IT Exposition Complex Event Supervisor, Event Coordinator & All Managers Service/ Maintenance :1n-I9,_-�_- uenerai summary: Performs and monitors daily operational responsibilities Including janitorial duties, responsibilities and maintenance of the Brazos County Exposition Complex including setting -up, cleaning and tearing -down events. Essential Duties: __ _ - _ _ . ___ 'Operates light to -m- oderate equipment such as tractors wRh implements, forklifts and skid steer loaders; Sets up/tears down rodeo equipment, horse stalls, cattle ties, panels and pens; Sets up/tears down meeting and event rooms, including stages, dance floors, tables, chairs and equipment and '.. assists with the sound/electrical system setup and/or tear down; Cleans meeting and event rooms, including sweeping, vacuuming and taking out trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of litter; Strips, waxes, buffs and scrubs floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed, Changes light bulbs and distributes supplies as necessary; Assists in painting and other maintenance projects as necessary; Raises flags daily, weather permitting, takes down flags before leaving unless otherwise specified; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Keeps air conditioning adjusted to use requirements; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keepsjanitorial and storage areas clean and organized; Must be willing to work various hours as needed including some nights, weekends, holidays., etc.; Communicates with Exposition Complex administrative assistant/secretary '.. regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables) Assists in scheduling work, creating assignments and/or monitoring work as necessary for part-time and/or temporary building attendants/staff. Other Duties as assigned. (1%) Sa Received: Event Required: Managers High school graduation or equivalent; or any equivalent combination of education and experience that provides the required knowledge, skills and abilities. one year experience In operating a tractor and/or related equipment is preferred. Demands Knowledge, Skills, & 4hilifiAc 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 hand to finger, handle, or to 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 100 pounds, such as bags of mulch and rocks. Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. Safe operation of custodial and maintenance equipment, including the safe use of commercial cleaning chemicals. Ability to follow oral and written instructions; ability to learn the proper use of janitorial equipment and supplies; ability to make minor repairs; ability to communicate and work effectively with co-workers; ability to perform physical and strenuous work; and an ability to understand and follow Brazos County safety policies. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is frequently loud. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously, and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. The employee may be exposed to extreme weather conditions. APPROVER Duane Pe rs Date County Judge Fol�77— P9 �. 71 THE STATE OF TEXAS § COUNTY OF BRAZOS § This contract made and entered into this the _day of September, 2018, by and between TEXAS VOTING SYSTEMS, INC., a Texas Corporation, BRAZOS COUNTY and the BRAZOS COUNTY ELECTION ADMINISTRATOR, as Contracting Officer for the CITY OF COLLEGE STATION. AND COLLEGE STATION INDEPENDENT SCHOOL WITNESSETH: Whereas, Texas Voting Systems, Inc. is the business of selling election services and supplies; and Whereas, BRAZOS COUNTY and the BRAZOS COUNTY ELECTION ADMINISTRATOR is desirous of employing the services of TEXAS VOTING SYSTEMS, INC. in connection with the GENERAL, CITY OF COLLEGE STATION MUNICIPAL, and COLLEGE STATION INDEPENDENT' SCHOOL ELECTIONS to be held on November 6 2018 in Brazos County, Texas; Now, Therefore, in consideration of the premises and mutual promises and obligations herein set forth, it is agreed that: TEXAS VOTING SYSTEMS, INC. will provide the following supplies: (a) Thirty-two (32) custom gathered election sets (25 for Election Day, 5 for Early Vote, I for Early Voting Ballot Board and 1 for Central Counting). (b) Five thousand (5,000) sample ballots (c) All required numbered seals for eSlates and JBC's and transfer cases (d) Vote center supply packs (pens, tape, paper clips, tacks, and highlighters ) as required TEXAS VOTING SYSTEMS, INC. will provide the following services: (a) Programming for the elections. (b) Pre -define voting equipment (222 eSlates, 33 1BCs for Election Day, 52 eSlates, 5 JBCs for Early Vote, 2eSlates, 2JBC's for Public Test (c) Transport and set up equipment at 5 Early Voting locations, tear down and pick up equipment and return to warehouse (d) Transport equipment to 21 vote centers and return to the warehouse after the election (5 vote centers are to be picked up and returned by the election judges.) (e) Back up of the equipment after the election (t) Provide assistance on Election Day as required to include Central Counting (g) Clear equipment after retention period (h) Provide consulting services before and after the election FVo,. 7 y qa,2 I 7 THE STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned Notary Public in and for said County and State, on this day personally appeared W. C. "Bill" Sims, known to be to be the person and officer whose name is subscribed tot he foregoing instrument and acknowledged to me the same was the act of the said Texas Voting Systems, Inc., a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ths&— day of /a,�7)� ?.P.b in and for Brazos County, Texas ,N'"�4., JUDY P. ON DRASEK �'��sspp,y,: Natery Public, State of Texas ExOires 11-09-2030 O?O; ;t�°` Nolary lD 175117795 C?VSC.WG-Clc III10MI .n r nl The BRAZOS COUNTY ELECTION ADMINISTRATOR, shall be responsible for and hereby assumes the following duties and obligations in regard to the GENERAL, CITY OF COLLEGE STATION MUNICIPAL, and COLLEGE STATION INDEPENDENT SCHOOL ELECTIONS to be held on November 6 2018 in Brazos County, Texas; (a) Payment of Election Judges and Clerks (b) Payment of Central Counting staff, Early Voting Ballot Board, and Signature Verification Committee (c) Furnish Texas Voting Systems, Inc. a complete list of all candidates for all races and all propositions to be considered in the above mentioned election (d) All reports, expense accounts, canvass of the election, conduct of the election at the individual polling places and any other statutory requirements as required by the Texas Election Code and/or the Federal Voting Rights Act. (e) Payment of the TEXAS VOTING SYSTEMS, INC. contract IV The consideration to be paid by BRAZOS COUNTY to TEXAS VOTING SYSTEMS, INC. for services rendered and supplies provided by said corporation for the GENERAL, CITY OF COLLEGE STATION MUNICIPAL, and COLLEGE STATION INDEPENDENT SCHOOL ELECTIONS to be held on November 6 2018 is THIRTY-SIX THOUSAND DOLLARS AND NO CENTS ($36,000.00) APPROVED by BRAZOS f 6. Nutt County County I i1��rJ J Trudy R. Ha ock Election Administrator W. C. "Bill' Sims Vice President, Texas Voting Systems, Inc CSVS Co Wl. Ell 11;10611 a con 2018. FVO,.=, % Q9.0231 iA b Ia Service Order Agreement Your IACP NetsM subscription includes: online libraries of law enforcement documents, forms, policies, publications, best practices, statistics, and multimedia; Select e-SitesM Internet portal; news and current affairs; grant, funding, and training announcements; Federal legislative tracking; calendar of events; Quest-ResponsesM and topical forums for secure peer-to-peer information exchange; law enforcement links; toll-free customer support for training and assistance; twelve-month term; and unlimited usage allowance. Authorization and Certification mI hereby certify that I am an employee of this agency/organization and have the authority to order services, and that I `o and d c nsent to the erms and Conditions included with this Service Order Agreement. ;S A prized SignaDa e: Titl ( a ���;V11rni5iY5Y�L'r Q f 2 � ll� I I� An invoice will be mailed along with user documentation. Write, call, or email for assistance to IACP Net, 2101 Wooddale Drive, Suite D, Saint Paul, MN 55125. Toll free: 800.227.9640. Local: 651.222.6506, Fax: 651.222.6577. Email: iacpnet@lheiacp.org. IACP Nets" — serving law enforcement leaders since 1991. Pursuits@ is a registered service mark, and IACP NetsM, Quest-ResponsesM, and Select4,Sit0m are service marks of the International Association of Chiefs of Police. All rights res 79 MOA09% va. � P9. 800.227.9640 6k4 s1 tf ocrr t.. Agency / Organization Name Select standard non-IACP member pricing or IACP member discount: Brazos County Sheriffs Office State or Federal agency with: Standard non-IACP member fee Contact Name (First, MI, Last) Includes: Title l Position Z Walter J. Stewart ❑ Chief Deputy Sheriff c Conrad Email Address IACP Member Number L)j Wstewart@brazoscountytx.gov 9 $1,750 1942558 mBusiness Address ❑ 1 to 149 sworn I= 1700 Hwy 21 West OR $1,225 d GAY State / Province Zip! Postal Code Country $1,600 Bryan 31Ds TX 77803 USA Telephone Fax Department Web Address d 979-361-4991 979-361-4999 http:]Aw .brazoscountyshedff.org/ Authorization and Certification mI hereby certify that I am an employee of this agency/organization and have the authority to order services, and that I `o and d c nsent to the erms and Conditions included with this Service Order Agreement. ;S A prized SignaDa e: Titl ( a ���;V11rni5iY5Y�L'r Q f 2 � ll� I I� An invoice will be mailed along with user documentation. Write, call, or email for assistance to IACP Net, 2101 Wooddale Drive, Suite D, Saint Paul, MN 55125. Toll free: 800.227.9640. Local: 651.222.6506, Fax: 651.222.6577. Email: iacpnet@lheiacp.org. IACP Nets" — serving law enforcement leaders since 1991. Pursuits@ is a registered service mark, and IACP NetsM, Quest-ResponsesM, and Select4,Sit0m are service marks of the International Association of Chiefs of Police. All rights res 79 MOA09% va. � P9. 800.227.9640 6k4 s1 tf ocrr t.. Select your agency type: Select standard non-IACP member pricing or IACP member discount: State or Federal agency with: Standard non-IACP member fee IACP Member discounted fee Includes: ❑ 500 or more sworn $2,350 ❑ $2,100 ❑ 11 IDs ❑ 150 to 499 sworn $2,000 ❑ $1,750 ❑ 9 IDs ❑ 1 to 149 sworn $1,475 ❑ OR $1,225 ❑ 71Ds ❑ No sworn officers $1,850 ❑ $1,600 ❑ 31Ds Local or college agency with: d ❑ 500 or more sworn $2,350 ❑ $2,100 ❑ 11 IDs LL ❑ 150 to 499 sworn $2,000 ❑ $1,750 ❑ 9IDs z ❑ 50 to 149 sworn $1,475 ❑ $1,225 O 71Ds U) ❑ 20 to 49 sworn $1,125 ❑ OR $875 ❑ 5 IDs ❑ 10 to 19 sworn $775 ❑ $525 ❑ 3 IDs ❑ 1 to 9 sworn $525 ❑ $275 ❑ 1 IDs a Other organizations: ❑ Academic Institute $1,410 ❑OR $1,160 ❑ 3IDS ❑ Association $1,850 ❑ $1,600 ❑ 3 IDs ❑ Other (call for eligibility) Special options to include: ❑ Additional Passwords at $150 each: _(#) totaling $ ❑ Pursuits® www.lo in4 ursuits.net , no charge to IACP Net customers that add data (separate agreement required) Authorization and Certification mI hereby certify that I am an employee of this agency/organization and have the authority to order services, and that I `o and d c nsent to the erms and Conditions included with this Service Order Agreement. ;S A prized SignaDa e: Titl ( a ���;V11rni5iY5Y�L'r Q f 2 � ll� I I� An invoice will be mailed along with user documentation. Write, call, or email for assistance to IACP Net, 2101 Wooddale Drive, Suite D, Saint Paul, MN 55125. Toll free: 800.227.9640. Local: 651.222.6506, Fax: 651.222.6577. Email: iacpnet@lheiacp.org. IACP Nets" — serving law enforcement leaders since 1991. Pursuits@ is a registered service mark, and IACP NetsM, Quest-ResponsesM, and Select4,Sit0m are service marks of the International Association of Chiefs of Police. All rights res 79 MOA09% va. � P9. 800.227.9640 6k4 s1 tf ocrr t.. f IACP Net Order Terms and Conditions The International Association of Chiefs of Police ("IACP") ('we", "our", "us") uses this document to establish the terms and conditions that apply when Customer ('you', and "your") orders IACP NET (Services) listed on the IACP NET Service Order accepted by us. If you do not agree with these terms and conditions, you must not use the Services. It you use the Services we furnish, that use will signify your acceptance of these terms and conditions. t. Sale The Services as available and constituted during the term of, and in accordance with, this Agreement, including specifically Article 7, Disclaimer of Warranty, Remedies and Limitation of Remedies, are sold to you. 2. Services The following is a description of the Services: a. You may access and search in an on-line interactive mode the computerized Services data base ("Data Base") by telephone and/or internet contact to our System. You will provide your own equipment and be responsible for any telephone and/or internet charges to the access point. b. You will be supplied with a user identification and personal password. Depending upon the Services you selected you may enter public, private, Quest, and news message categories. You may also be included in a periodically distributed listing of IACP NET customers and in the on-line directory of identification codes. c. You will receive support services from our staff via on-line messaging and a toll-free telephone number. 3. Term This Agreement will become effective when accepted by us, and will remain in effect for an initial term of one year commencing 7 days after we send you your IACP NET Services validation notice. It will remain in effect for an initial term of one year and will automatically renew for additional one-year terms unless terminated by you or us upon at least 30 days written notice prior to the expiration of the then current term. 4. Charges We have the right to change the charges after the initial one-year ten with 30 days' written notice. You agree to pay us the total charges specified in this Agreement, in addition to any applicable taxes which may be invoiced to you. All initial charges are due and payable on the effective date. Charges for renewal tens will be invoiced prior to and are due and payable on the effective date as defined in section 3 above for the renewed term. You are not entitled to a refund of charges for any unused term under this Agreement. You agree to pay or mimburse us for all sales, use, excise and other taxes and governmental charges which we are at any time required to pay or collect in connection with the sales or furnishing of the Service under this Agreement. 5. Responsibilities a. You agree that all searching and access executed on our System will be exclusively in connection with the Services provided in this Agreement. b. You agree to use the information obtained through the Services solely for your own purpose and application. You will not reproduce, copy, duplicate, reformat, distribute, sell or in any way commercially exploit the information. You may reproduce a limited number of copies of information obtained from the Services for your own Internal use. c. It claims of copyright infringements arse from your unauthorized use or duplication of copyrighted materials, you agree to defend and hold us harmless against claims of copyright infringement. d. You are responsible for the confidentiality of your user identification and password, charge number, and/or personal messaging password(s). You agree to notify us immediately if these access codes have been lost or stolen, or if a person has unauthorized access to Services. Until notification, you are responsible for all usage of your Services account and resulting charges, and for any violations of this Agreement by anyone using the account. 6. Communications If your selected Service includes communications or Quest -Response capabilities, and if you elect to communicate with other users in any public messaging category, including Quest, you agree to grant to us a nonexclusive royalty -free right and license for the information provided to use, perform, display, reproduce, distribute, prepare derivative works based thereon, and to grant sublicenses to others to do the same, The right of distribution includes the fight to permit others to receive copies of the information provided. 7. DISCLAIMER OF WARRANTY, REMEDIES AND LIMITATIONS OF REMEDIES. YOU UNDERSTAND AND AGREE AS FOLLOWS: a. The Services, including the data bases, will be made available on an "AS IS" basis without a warranty. We make no representations or warranties as to the accuracy, content or availability of the information contained on any data base or that the use of the Information obtained from any data base will not infringe any patent, copyright, trademark or proprietary right of any third party. b. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED AND EXCLUDED BY US, c. We will not be liable for the loss or destruction of your messages stored on a data base as part of the Services. d. Our entire liability and your exclusive remedies for our liability of any kind (including liability for negligence), for the Services covered by this Agreement and all other performance c nonperformance under or related to this Agreement are limited to a credit not to exceed the charges paid to us for the Services in question. If the Services become unavailable due to causes within our reasonable control, the form of credit referred to above will be, at our option, an extension of the current term of Services for a period equivalent to the period of unavailability. To be eligible for the extension, you must notify us as to the details of the unavailability within 7 days so that an appropriate extension may be made. This limitation of our liability does not apply to claims for personal injury and damage to tang like personal property caused solely by our negligence. e. We will not be liable for any loss or damage caused by delay in furnishing the Services or any other performance under or related to this Agreement I. IN NO EVENT WILL OUR LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE KNOWLEDGE OF THE POSSIBILITY OF THE POTENTIAL LOSS OR DAMAGE. 8. General Provisions a. You may not assign or otherwise transfer your rights or obligations under this Agreement or resell or allow third parties to use the Services or to distribute information you have obtained through the Services except with our poor written consent. b. Virginia laws apply to this Agreement. C. We have the fight to change the description of Services and the terms and conditions of this Agreement upon expiration of the initial one-year term or the then current renewal term by giving at least 30 days' prior written notice. d. If you do not make payment or otherwise do not fulfill your responsibilities under this Agreement, then we have the immediate dg ht to terminate this Agreement, in which rase, you will be due no refund for any unused term under this Agreement. Your obligation to pay all charges which have accrued will survive any termination of this Agreement. Our termination of this Agreement will be in addition to any other remedies we may have. e. This Agreement supersedes all prior oral or written proposals and communications related to this Agreement between the parties. You acknowledge that you have not been induced to enter into this Agreement by any representations or statements, coal or written, not contained in this Agreement. I. The tens and conditions of this Agreement prevail regardless of any order or other document submitted by you. Unless otherwise specified in this Agreement, this Agreement may not be changed except by written amendment signed by authorized representatives of the parties. g. Your satisfaction is our objective in perfomring our obligations under this Agreement. If you are not satisfied with our performance, you agree to give us a written description of the problem and to make a good faith effort to amicably resolve the problem with us before bringing any action. No action under this Agreement may be brought by either party more than two years after the cause of action has accmed or in the case of any action for nonpayment, more than three years from the date the last payment was due. trot. 7 L p9. 02.E ITAC0998 1� Memorandum of Agreement between the Brazos County and the Federal Emergency Management Agency Integrated Public Alert and Warning System (IPAWS) Program Management Office Regarding the use of: Brazos County Interoperable System(s) and IPAWS OPEN Platform for Emergency Networks (IPAWS-OPEN) Version 1.1 21 Aug 2018 WARNING: This document is FOR OFFICIAL USE ONLY (FOUO). It contains information that may be exempt from public release under the Freedom of Information Act (5 U.S.C. 552). It is to be controlled, stored, handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information and is not to be released to the public or other personnel who do not have a valid "need -to -know" without prior approval of the FEMA Integrated Public and Warning System and the FEMA Disclosure Offices. Vof. % % pg.�/ MEMORANDUM OF AGREEMENT SUPERSEDES: None INTRODUCTION The purpose of this memorandum is to establish a management agreement between the Brazos County hereinafter referred to as the Collaborative Operating Group (COG), and the Federal Emergency Management Agency (FEMA) IPAWS Division regarding the utilization and security of Brazos County Interoperable System(s) (as shown in Appendix A), which intemperate with the [PAWS Open Platform for Emergency Networks (IPAWS-OPEN). The expected benefit is to enable information interoperability across emergency response organizations and systems as intended by the IPAWS Initiative. This agreement will govern the relationship between the Collaborative Operating Group and FEMA, including designated managerial and technical staff and system users associated with the aforementioned COG. As indicated within the terms of this agreement, both parties agree to allow system interoperability trough the use of SOAP over IITTPS via the public internet. Under this agreement, no direct or networked connection using VPN (or equivalent technology) between the systems named in Appendix A and IPAWS-OPEN is allowed. In the event a direct connection is required, an Interconnection Security Agreement must be executed. AUTHORITY The authority for this agreement is based on the Communications Act of 1934, as amended (47 U.S.0 § 606) and the implementation of regulation 47 C.F.R § 1 I which establishes the statutory basis tinder which the FEMA IPAWS Program operates emergency alerting systems. In addition, Executive Order 13407 of June 26, 2006, Public Alert and Warning System Executive Order states, "It is the policy of the United States to have an effective, reliable, integrated, flexible, and comprehensive system to alert and warn the American people... establish or adopt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system to enable interoperability and the secure delivery of coordinated messages to the American people". In response, FEMA established the IPAWS Program Management Office (PMO) in April 2007. BACKGROUND It is the intent of both parties to this agreement to establish and utilize a standardized web based application interface (as defined by the IPAWS-OPEN Web Service Interface Design Guidance) between the information technology (IT) systems shown below to facilitate the exchange of emergency messages within the production environment. The testing of the interoperability of these systems has been performed through the use of FE+MA's "Pest and Development environment to ensure the transference and receipt of emergency messages using approved messaging standards. The interoperability between these systems is supported by the use of SOAP over HTTPS via the public internet. CO,INLNIUNICATIONS Frequent formal communications are essential to ensure the successful management and operation of system interoperability. Both parties agree to maintain open lines of communication between designated staff (as indicated in Appendix B) at both the managerial and technical levels. Al communications described herein must be conducted in writing and may be disseminated by electronic means unless otherwise noted. The owners of the respective systems agree to designate and provide contact information for technical leads for their respective systems, and to facilitate direct contacts between technical leads to support the management and operation of system interoperability. To safeguard the confidentiality, integrity, and availability of the systems and the data they store, process, and transmit, both parties agree to provide notice of specific events within the timetiames indicated below: Security Incidents: Technical, administrative and/or help desk staff will immediately notify their designated counterparts by telephone or e-mail when a security incidents) is detected and/or a violation of the Rules of Behavior (see Appendix C) has been identified. Both parties agree to make the appropriate technical and administrative individuals available for all necessary inquiries and/or investigations. Containment and/or resolution procedures will be documented by the identifying party and after action reports generated and submitted to the system owner and/or designated security officials within five (5) business days after detection of the incident(s). • Disasters and Other Contingencies: The FEMA IPAWS Program Office will notify the COG by telephone, e-mail or other acceptable means in the event of a disaster or other contingency that disrupts the normal operation of IPAWS-OPEN. • System Interconnections: This MOA is intended for systems interoperating with IPAWS OPEN using SOAP over HTTPS via the public Internet. If in the future, an interconnection (i.e. dedicated system -to -system connection) is required to IPAWS-OPEN, this MOA must be updated and an Interconnection Security Agreement (ISA) must be executed. if a change in status from interoperating to interconnected system is required, the initiating party will notify the other party at least 3 months before the planned interconnection is to be in place. • Discontinuation of Use: In the event the use of IPAWS-OPEN is no longer required, the COG agrees to immediately notify, in writing, the FEMA IPAWS Program Office at which time the COGID and associated access credentials will be deactivated. • Personnel Changes: Both parties agree to provide notification of changes to their respective system owner or technical lead. In addition, both parties will provide notification of any changes in the point of contact information provided in Appendix B. All relevant personnel changes and changes to contact information must be provided within 5 business days of the change. TYPE OF INTERCONNECFIvrFY Both patties agree that the COG will utilize only the assigned COGID, associated credentials and digital certificates provided by the FEMA IPAWS Program Office to support interoperability between the system(s) listed in Appendix A and IPAWS OPEN. In addition, all interoperable systems must be configured to interface with IPAWS-OPEN over the public Internet using only approved web service standards and associated requirements. A listing of approved web service standards and supporting requirements can be obtained horn the IPAWS-OPEN Web Service Interface Design Guidance document. In the event, a dedicated connection is required, both parties will agree to negotiate and execute an Interconnection Security Agreement (ISA) as required per Department of Homeland Security (MIS) policy which must be signed by all required parties before the interconnection is activated. Proposed changes to either system that affect system interoperability will be reviewed and evaluated to determine the potential impact. If the proposed changes impact the agreed upon terms, the MOA will be renegotiated and executed before changes are implemented. SECURITY To ensure the joint security of the systems and the message data they store, process, and transmit, both parties agree to adhere to and enforce the Rules of Behavior (as specified in Appendix Q. In addition, both parties agree to the following: • Ensure authorized users accessing the interoperable system(s) receive, agree to abide by and sign (electronically or in paper form) the IPAWS-OPEN Rodes of Behavior as specified in Appendix C. Eachjurisdiction is responsible for keeping the signed Rules of Behavior on file or stored electronically for each system user. • Utilize FEMA approved PKI certificates to digitally sign messages as they are transported over the public Internet. • Certify that its respective system is designed, managed and operated in compliance with all relevant federal laws, regulations, and policies. • Document and maintainjurisdlctional and/or system specific security policies and procedures and produce such documentation in response to official inquiries and/or requests. • Provide physical security and system environmental safeguards for devices supporting system interoperability with IPAWS-OPEN. • Ensure physical and logical access to the respective systems as well as knowledge of the COGID and associated access criteria are only granted to properly vetted and approved entities or individuals. • Where applicable, ensure that only individuals who have successfully completed FEMA -required training can utilize the interoperable systems to issue alerts and warnings intended for distribution to the public. • Where applicable, document and maintain records of successful completion of FEMA -required training and produce such documentation in response to official inquiries and/or requests. 3 (vQi. l �%� P9_ COST CONSIDERATIONS This agreement does not authorize financial expenditures by the COG on behalf of FEMA. The FEMA —IPAWS Division is responsible for the costs associated with developing, operating and maintaining the availability of the IPAWS-OPEN system. The COG is responsible for all costs related to providing their users with access to IPAWS- OPEN via the public Internet. These costs may include hardware, software, monthly Internet charges, completion of security awareness training and other related jurisdictional costs. PROPERTY OWNERSHIP Each Party agrees and acknowledges that nothing in this Agreement shall be construed as giving a party any proprietary rights in or to the intellectual property of the other party. Each Party further agrees that nothing in this Agreement shall be construed as creating or granting to a party any implied or express license in or to the intellectual property of the other party. TIMELINE This agreement will remain in effect based on the life of the Authority to Operate (ATO) for IPAWS-OPEN or a maximum of three (3) years after the last date on either signature in the signature block below. Upon expiration of the IPAWS-OPEN ATO or after three (3) years (whichever comes first), this agreement will expire without further action and system access privileges will be revoked. If the parties wish to extend this agreement, they may do so by reviewing, updating, and reauthorizing this agreement. This newly signed agreement supersedes all earlier agreements, which Should be referenced above by title and dale. If one or both of the parties wish to terminate this agreement prematurely, they may do so upon 30 days' advanced notice or in the event of a security incident that necessitates an immediate response. SIGNATORY AUTHORITY I agree to the terms of this Memorandum of Agreement Noncompliance on the part of either organization or its users or contractors concerning the policies, standards, and procedures explained herein may result in the immediate termination of this agreement. Brazos County Official IPAWS OPEN System Owner Name: Duane Peters Name: Mark A. Lucero Title: County Judge Title: Chief, IPAWS Engineering (Signature Date) Brazos County 200 S. Texas Avenue, Suite 332 Bryan, TX, 77803 Federal Emergency Management Agency FEMA Authorizing Official or Designee (Signature FEMA CISO or Deputy CISO (Signature Date) (Signature Date) Attn: IPAWS-OPEN System Owner, Suite 506 Federal Emergency Management Agency 500 C Street SW Washington, D.C. 20472-0001 4 , ;.x27 Appendix A Listing of Interoperable Systems IPAWS recognizes that Emergency Management organizations may utilize multiple tools to facilitate the emergency management process. As a result, jurisdictions may need to interoperate with IPAWS-OPEN using more than one system. In order to comply with DHS policy, all systems interoperating with IPAWS- OPEN must be documented and supported by a Memorandum of Agreement. As a result this appendix must be completed to identify all systems associated with the COG and used for interoperating with IPAWS-OPEN. This Appendix must be amended as applicable systems are added or removed from operations. • IPAWS-OPEN The systems listed below are managed and operated by the COG and are subject to the terms defined within the Memorandum of Agreement including the Rules of Behavior in Appendix C. Each interoperable system will be assigned unique authentication credentials, which must be protected by the COG. In the event these credentials are compromised, the COG is expected to immediately contact the IPAWS Program Management Office. The systems listed below are only allowed to interoperate with IPAWS- OPEN based on the criteria set forth within the IPAWS-OPEN Web Service Interface Design Guidance. • CodeRED Function: IPAWS-OPEN is the backbone system that structures the alert and Location: distributes the message from one interoperating and/or interconnected Function: system (message sender) to another interoperating and/or interconnected including sensitivity or system (message recipient). Location: FEMA Emergency Operations Center Description of data, Messaging data is considered Sensitive But Unclassified (SBU) information and does not Including sensitivity or contain Personally Identifiable information (Pit), Financial data, Law Enforcement Sensitive classification level: Information or classified information. Each message that flows through the IPAWS-OPEN system will be associated to a specifically assigned system User ID and COGID as captured within the message elements. This information will be retained in system logs. The systems listed below are managed and operated by the COG and are subject to the terms defined within the Memorandum of Agreement including the Rules of Behavior in Appendix C. Each interoperable system will be assigned unique authentication credentials, which must be protected by the COG. In the event these credentials are compromised, the COG is expected to immediately contact the IPAWS Program Management Office. The systems listed below are only allowed to interoperate with IPAWS- OPEN based on the criteria set forth within the IPAWS-OPEN Web Service Interface Design Guidance. • CodeRED Function: Provides citizens and a large transient population with important life safety notifications. Location: Ormond Beach, FL; Description of data, Data pertinent to the well being of persons in Brazos County, Tx. including sensitivity or classification level: 'E: Appendix B COG Point of Contact Information Designated COG Primary Point of Contact: Name: Michele Meade Title: Emergency Management Coordinator Business Email Address: mmeade@brazoscountytx.gov Primary Phone Number: 979-821-1011 Alternate Phone Number: Organization: Brazos County Emergency Management Mailing Address: 110 North Main Street Ste 100, Bryan, TX, 77803 Designated Alternate Point of Contact: Name: Bill Holland Title: Service Manager Business Email Address: bhollanda brazoscountytx.gov Primary Phone Number: 979-361-4685 Alternate Phone Number: Organization: Brazos County Information Technology Mailing Address: 205 E. 27th Street, Bryan, TX, 77803 Designated Technical Point of Contact: Name: Bill Holland Title: Service Manager Business Email Address: bholland@brazoscountytx.gov Primary Phone Number: 979-361-4685 Alternate Phone Number: Organization: Brazos County Information Technology Mailing Address: 205 E. 27th Street, Bryan, TX, 77803 6 Vol. % % Pg. � FEMA: Integrated Public Alert and Warning System Open Platform for Emergency Networks (IPAWS-OPEN) Contact Name Contact Number Email Address Summary of System Responsibilities Patsy Garnett 202-646-4629 patsy.garnett@fema.dhs.gov Chief Information Officer, FEMA (Acting) Craig Wilson 202-212-1523 Craig.Wilson@fema.dhs.gov Chief Information Security Officer Actin Mark Lucero 202-646-1386 Mark.Lucero@fema.dhs.gov System Owner Gary Ham 703-899-6241 Gary.Ham@associates.fema.dhs.gov FEMA PMO - IPAWS-OPEN Gustavo Barbet 202-212-3586 gustavo.barber@associates.fema.dhs.gov FEMA ISSO - IPAWS-OPEN Neil Bourgeois 703-732-6331 Neil.Bourgeois@associates.fema.dhs.gov FEMA-EADIS IPAWS-OPEN Tech Lead 7F g P . 02 0 Appendix C IPAWS-OPEN Rules of Behavior 1.0 INTRODUCTION The following rules of behavior apply to all persons with application access to Brazos County Interoperable Systcm(s) and/or who have been issued a COGID with associated credentials for ]PAWS -OPEN. These individuals shall be held accountable for their actions related to the information resources entrusted to them and must comply with the following rules or risk losing their access privileges. The Rules of Behavior apply to users on official travel as well as at their primary workplace (e.g., Emergency Operations Center — EOC) and at any alternative workplace (e.g., telecommuting from a remote or satellite site) using any electronic device including laptop computers and portable electronic devices (PED's). PED's include personal digital assistants (PDA's) (e.g. Palm Pilots), cell phones, text messaging systems (e.g., Blackberry), and plug-in and wireless peripherals that employ removable media (e.g. CDs, DVDs, etc.). PEDs also encompass USB flash memory (thumb) drives, external drives, and diskettes. These Rules of Behavior are consistent with existing DHS policies and DHS Information Technology (IT) Security directives and are intended to enhance the awareness of each user's responsibilities regarding accessing, storing, receiving and/or transmitting information using IPAWS-OPEN. 2.0 APPLICATION RULES 2.1 Official Use • IPAWS-OPEN is a Federal application to be used only in the performance of the user's official duties in support of public safety as described in the National Incident Management System (NIMS). The use of the IPAWS-OPEN for unauthorized activities is prohibited and could result in verbal or written warning, loss of access rights, and/or criminal or civil prosecution. • By utilizing IPAWS-OPEN, the user of the interoperable system(s) consents to allow system monitoring to ensure appropriate usage for public safety is being observed. EMA's will be held accountable for safeguarding all configuration items and information entrusted to them by FEMA. EMA's are expected to manage the relationship with supporting vendors, consultants and any other entities providing system support on their behalf. In addition, EMA's will be held accountable in the event of a security breach or disclosure of sensitive configuration information such as digital certificates. Each EMA understands that the use of digital signatures used on behalf of the EMA is binding for the EMA and EMA's will be held accountable accordingly. In the event sensitive information is mishandled, utilization of IPAWS- OPEN may be immediately revoked. • If software interoperating with IPAWS-OPEN enables users to geo-target public alert messages by means of geospalial polygons or circles, then the user shall restrict any such geospatial boundaries so as to remain within the geographical limits of their public warning authority (or as near as possible), as determined by applicable state and/or local laws and duly adopted operational plans. 2.2 Access Security • All Email addresses provided in connection with interoperable system(s) user accounts must be associated to an approved email account assigned by the user's emergency management organization. The use of personal email accounts to support emergency messaging through [PAWS -OPEN is prohibited. • Upon approval of the MOA by FEMA, a COG account with COGID and Digital Certificate will be created and issued to the designated technical representative. All individuals with knowledge of these credentials must not share or alter these authentication mechanisms without explicit approval from [PAWS. • Every interoperable system user is responsible for remote access security as it relates to their use of IPAWS-OPEN and shall abide by these Rules of Behavior. F774`I P9 2.3 Interoperable System User Accounts and Passwords • All users must have a discrete user account ID which cannot be the user's social security number. To protect against unauthorized access, passwords linked to the user ID are used to identify and authenticate authorized users. • Accounts and passwords shall not be transferred or shared. The sharing of both a user ID and associated password with anyone (including administrators) is prohibited. • Accounts and passwords shall be protected from disclosure and writing passwords down or electronically storing them on a medium that is accessible by others is prohibited. • The selection of passwords must be complex and include: o At least eight characters in length o At least two (02) upper case and two (02) lower case letters o At least two (02) numbers and one (01) special character. • Passwords must not contain names, repetitive patterns, dictionary words, product names, personal identifying information (e.g., birthdates, SSN, phone number), and must not be the same as the user ID. • Users are required to change their passwords at least once every 90 days. Passwords must be promptly changed whenever a compromise of a password is known or suspected. 2.4 Integrity Controls & Data Protection • All computer workstations accessing IPAWS-OPEN must be protected by up-to-date anti-virus software. Virus scans must be performed on a periodic basis and when notified by the anti-virus software. • Users accessing interoperable system(s) to utilize IPAWS-OPEN must: o Physically protect computing devices such as laptops, PEDs, blackberry devices, smartphones, etc; o Protect sensitive data sent to or received from IPAWS-OPEN; o Not use peer-to-peer (P2P) file sharing, which can provide a mechanism for the spreading of viruses and put sensitive information at risk; o Not program computing devices with automatic sign -on sequences, passwords or access credentials when utilizing IPAWS-OPEN. Users may not provide personal or official IPAWS-OPEN information solicited by e-mail. If e-mail messages are received from any source requesting personal information or asking to verify accounts or other authentication credentials, immediately report this and provide the questionable e-mail to the Local System Administrator and/or the Brazos County Help Desk. • Only devices officially issued through or approved by DHS, FEMA and/or approved emergency management organizations are authorized for use to intemperate with IPAWS-OPEN and use of personal devices to access and/or store IPAWS-OPEN data and information Is prohibited. • If a Blackberry, smartphone or other PED is used to access the interoperable system(s) to utilize IPAWS- OPEN, the device must be password protected and configured to timeout or lock after 10 minutes of inactivity. • If sensitive information is processed, stored, or transmitted on wireless devices, it must be encrypted using approved encryption methods. 9 2.5 System Access Agreement • I understand that I am given access to the interoperable system(s) and IPAWS-OPEN to perform my official duties. • I will not attempt to access data, information or applications I am not authorized to access nor bypass access control measures. • 1 will not provide or knowingly allow other individuals to use my account credentials to access the interoperable system(s) and IPAWS-OPEN. • To prevent and deter others from gaining unauthorized access to sensitive resources, I will log off or lock my computer workstation or will use a password -protected screensaver whenever I step away from my work area, even for a short time and I will log off when I leave for the day. • To prevent others from obtaining my password via "shoulder surfing', I will shield my keyboard from view as I enter my password. • I will not engage in, encourage, or conceal any hacking or cracking, denial of service, unauthorized tampering, or unauthorized attempted use of (or deliberate disruption of) any data or component within the interoperable system(s) and IPAWS-OPEN. • I agree to inform my Local System Administrator when access to the interoperable system(s) and/or IPAWS- OPEN is no longer required. • I agree that I have completed Computer Security Awareness training prior to my initial access to the interoperable system(s) and IPAWS-OPEN and that as long as I have continued access, I will complete Computer Security Awareness training on an annual basis. 2.6 Accountability • I understand that I have no expectation of privacy while using any services or programs interoperating with I PAW S -OPEN. • I understand that I will be held accountable for my actions while accessing and using interoperable system(s) and IPAWS-OPEN, including any other connected systems and IT resources. • I understand it is my responsibility to protect sensitive information from disclosure to unauthorized persons or groups. • I understand that I must comply with all software copyrights and licenses pertaining to the use of IPAWS- OPEN. 2.7 Incident Reporting • I will promptly report IT security incidents, or any incidents of suspected fraud, waste or misuse of systems to the Local System Administrator and/or the Brazos County Help Desk. 10 va. i P9. �3 3.0 [PAWS -OPEN Rules of Behavior Statement of Acknowledgement 1 have read and agree to comply with the requirements of these Rules of Behavior. I understand that the terms of this agreement are a condition of my initial and continued access to Brazos County Interoperable System(s) and IPAWS- OPEN and related services and that if I fail to abide by the terms of these Rules of Behavior, my access to any and all (PAWS -OPEN information systems may be terminated and I may be subject to criminal or civil prosecution. I have read and presently understand the above conditions and restrictions concerning my access. Name (Printl Signature: Date: ����� AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggieland Humane Society, Inc. October 1, 2018 — September 30, 2019 T is Agreerr}ent for Animal Shelter Services ("Agreement') is made this I � 4 " day of ' IJO 2018 by and between The Aggieland Humane Society, Inc., a Texas non-profit corporation (herein the "Shelter") and Brazos County, Texas, a political subdivision of the State of Texas acting by and through its duly elected Commissioners Court (herein "County"). RECITALS Whereas, the Shelter operates a facility currently located at 5359 Leonard Road, Bryan, Brazos County to house stray, unwanted or abandoned animals (herein the "Facility"); and Whereas, the County has a need of a facility to house animals, other than livestock, that it takes possession of throughout the County; For and in consideration of the mutual covenants herein expressed, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. The County agrees that all animals, other than livestock, seized within its jurisdiction by its duly appointed agents, may be delivered to the Facility, there to be impounded under the exclusive control and custody of the Shelter for periods of time as required by State law and the applicable County orders except as hereinafter set forth, but in no circumstances less than three (3) days unless determined by a certified euthanasia technician that euthanasia is necessary. 2. The County agrees to pay to the Shelter an annual fee of $142,996.00 based upon the term of the Agreement. The fee shall be divided into twelve (12) equal monthly payments due on the first of each month. 3. The COUNTY shall and does hereby assign to the SHELTER those fees collected for the registration of dogs and cats within Brazos County commonly referred to as 'license fees." The SHELTER shall administer the County License program (Registration of Dogs and Cats, Texas Health and Safety Code §826.031). 4. The County represents to the Shelter that it has in force orders providing for the vaccination and licensing of animals under appropriate circumstances, providing for impounding of nuisance animals running at large, and that while this Agreement is in effect, such orders will be continued in force, provided, however, that such orders may be modified from time to time as the County deems appropriate. 5. The County agrees that every animal delivered to the Shelter in accordance with this Agreement, shall become the sole and exclusive property of the AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggieland Humanc Society. Inc. t Shelter upon its delivery to the Shelter (subject to reclamation by the owner), so that neither the County nor any agency nor agent of the County, nor of the State of Texas, nor any institution, corporation nor individual shall have any claim or right to any animal not so claimed and redeemed. The County agrees, that the Shelter shall have the undisputed right, consistent with the orders of the County, to humanely dispose of every animal given into its custody in accordance with the Shelter's principles as follows: a. To place animals in the care, custody and control of new owners: and b. To humanely destroy animals which are not claimed by owners and which are not suitable for placement in the care, custody and control of new owners. 6. The Shelter agrees to accept each and every animal delivered to the Facility located in Brazos County, Texas by the agents of the County and to provide each and every such animal with shelter, food, water and all other humane treatment of the same degree and kind that the Shelter provides for all other animals which may come into its care, custody and control. The County shall not accept a surrender of ownership of an animal by its owner in the field. 7. The Shelter agrees to accept each and every stray animal delivered to the Facility located in Brazos County, Texas by the residents of the unincorporated areas of Brazos County and to provide each and every such animal with shelter, food, water and all other humane treatment of the same degree and kind that the Shelter provides for all other animals which may come in to its care, custody and control. 8. The Shelter agrees that it will make its Facility available to the County during its open hours and during periods of closure for the purpose of delivering animals to the Shelter. 9. The Shelter agrees to provide to the County on or before the last day of each month during the term of this Agreement a statement of the number of dogs, cats and miscellaneous animals received by the Shelter from the County or otherwise retrieved from Brazos County, and the number of dogs and cats issued County tags during the preceding calendar month. 10. The County reserves the right to require an audit of the records of the Shelter at any time deemed necessary for the limited purpose of verifying the number of animals registered or licensed and the number of animals attributable to the County and the length of stay of each such animal. 11, It is mutually agreed that the Shelter shall provide facilities for rabies observation for at least six (6) dogs and eight (8) cats. Animals delivered to the Shelter by the County for rabies observation shall be isolated for a period of time in accordance with State law. 12. In the event animals are being held by the Shelter as a result of a cruelty, seizure or a legal hold has been placed upon the animals as a result of a criminal prosecution, the County shall reimburse the Shelter for any veterinarian invoices and AGREEMENT FOR ANIMAL SI-IELTER SERVICES Brazos County and Aggieland Humane Society, Inc. 2 medical bills incurred by the Shelter until the Court either awards the animal to the Shelter, orders it destroyed or orders it returned to its owner. The County shall not be liable for these costs in the event a court of competent jurisdiction orders the animal owner to pay such costs. 13. Shelter shall at all times relevant to the fulfillment of this Agreement have, keep, and maintain insurance covering general liability, worker's compensation if required by State law, and automobile liability. Worker's Compensation insurance shall be at statutory limits, including employer's liability coverage at minimum limits of $500,000.00 each accident. Such policy will contain a waiver of subrogation in favor of the County. The General Liability insurance shall have a minimum combined single limit for bodily injury, personal injury, and property damage of $1,000,000.00 per occurrence and shall name the County as an additional insured. Automobile Liability insurance shall be continuously held with limits for bodily injury and for property damage of not less than $1,000,000.00 on all self- propelled vehicles used in connection with the animal control operation, whether owned, non -owned or hired. Copies of certificates evidencing such insurance as herein required shall be sent to the County for its records. The Shelter agrees, to the extent allowed by law, to indemnify and hold harmless the County from all claims, damages, or causes of action which might arise from any obligations of Shelter as outlined herein, and Shelter specifically agrees to indemnify the County against all claims, damages or causes of action which might arise as a result of acts, omissions County for respondeat superior or vicarious liability, arising out of Shelter's obligations under this Agreement. 14. The Shelter shall at all times in performance of its Agreement be considered as an independent contactor. Such status shall apply to all of the Shelter's officers, agents and employees and in no event shall the Shelter's officers, agents or employees be considered an employee of the County. 15. In the event the County fails to remit to the Shelter the fees due hereunder, the County shall be in default. The Shelter shall terminate the Agreement for non-payment of fees if the County has not cured the default after thirty (30) day written notice. 16. TAX EXEMPT STATUS: As a political subdivision of the State of Texas, Brazos County is tax exempt. Tax exemption certification will be furnished upon request. 17. GOVERNING LAW AND VENUE: This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas, The Parties agree that all obligations under this Agreement are performable in Brazos AGREEMENT FOR ,ANIMAL SHELTER SERVICES Brazos County and Aggieland Humane Society, Inc. 3 County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 18. DISPUTE RESOLUTION: The dispute resolution process provided in Chapter 2009, Texas Government Code, and the related rules adopted by the Attorney General pursuant Chapter 2009, shall be used by County and Shelter to attempt to resolve any claim for breach of contract made by Shelter that cannot be resolved in the ordinary course of business. Shelter shall submit written notice of a claim of breach of contract under this Chapter to the County Attorney — Civil Division of Brazos County, who shall examine Shelters claim and any counterclaim and negotiate with Shelter in an effort to resolve the claim. 19. LIMITATIONS: The parties are aware that there are constitutional and statutory limitations on the authority of the County to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability or acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any terms and conditions related to the Limitations will not be binding on the County except to the extent authorized by the laws and Constitution of the State of Texas. 20. AUDITS: All records relating to the service provided under this Agreement and supporting documentation for invoices submitted to County by the Shelter shall be retained and made available by the Shelter for audit by County, its duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Shelter and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Shelter shall comply with such changes. County shall inform the Shelter in writing of the retention periods established by State and federal law applicable to such records and shall provide written notice if changes occur to such retention requirements. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Shelter shall retain such records until the audit is concluded and all issues resolved. Shelter shall provide County with copies of such audits that are conducted with respect to the Agreement. 21. AUDIT RESPONSIBILTY: The Shelter shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this Agreement. The Shelter shall repay to County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Shelter recognizes and agrees that County may withhold any money due and recover through any appropriate method any money erroneously paid under this Agreement if evidence exists of less than full compliance with this Agreement. AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggicland Humane Society, Inc. 4 22. This Agreement is not assignable by either party. 23. This Agreement shall be for a term of one year commencing on October 1, 2017, and terminating on September 30, 2018. Either party may cancel this Agreement upon thirty (30) days written notice to the non -cancelling party. 24. SEVERABILITY: In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. IN WITNESS WHEREOF, the said County and the said Shelter have hereunto caused their representative corporate names and seals to be hereunto subscribed and affixed by their representative officers first thereunto duly authorized as of the date hereinabove first written. ATTEST: / BRAZQS QOUNTY,TEXAS C C .lam a�� 4i� K rfi e�Queen, County -Clerk Duane Pe s, County Judge AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggieland Humane Society, Inc. AGGIELAND HUMANE SOCIETY Katq Bicv,/ Executi "rector Fv- l. 2—x'_7 pQ ��S CERTIFICATE OF INTERESTED PARTIES FORM 1295 1af1 Complete Nos. 1- 4 and 6 it there are Interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 K there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, slate and country of the business entity's place of business. 2018-391425 Aggieland Humane Society Bryan, TX United States Date Filed: 08/13/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Brazos County Date Acknowledged: 3 Provide the Identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 19-032 Animal sheltering and spay neuter services Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name Is `t_��1IV �tj t C-� ,and my date of birth is FLMY addr ess is, 1 �Tl-J f 7% �C= /`, e tC�E� )'i ..; •i _. C° '\ -�L —7—,' S/G S>�, i._.:.11.. (stree (ci y) (state) (zip cede) (muntry) I declare under penalty of perjury that the tategoing is true and correct. Executed in 4? Y -i Zli_�; County, State of -E'- KQ.- �, on I /� 20 . the Lay o (monlr (year) Signatur of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission jate.tx.us Version V1.0.6711 Vol. Pg �SG House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. 'Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Contract #: j q -- C, / (� FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND ARTS COUNCIL OF BRAZOS VALLEY THIS AGREEMENT FOR THE FUNDING ("Agreement") is made and entered into by and between ARTS COUNCIL OF BRAZOS VALLEY, a private nonprofit corporation chartered by the State of Texas, acting by and through its duly authorized agent(s) and officer(s), hereinafter referred to as ("ACBV"), and Brazos County acting by and through its Commissioners Court, duly authorized to act, hereinafter referred to as ("County'). RECITALS: WHEREAS, County finds a public purpose in creating awareness of the fine arts among members of the public; and WHEREAS, ACBV provides assistance to local arts organizations of the County through funding support, advocacy, outreach, marketing and partnership building; and WHEREAS, ACBV provides programs involving education, cultural enrichment and heritage preservation of and for Brazos County residents and visitors; and WHEREAS, ACBV provides educational programs and opportunities to children, youth, adults and seniors through providing arts related programs, scholarships for young people, assisting County arts organizations in the development and institution of said educational programs; and WHEREAS, ACBV fosters creative learning, community involvement, quality of life and tourism through said above listed programs and activities; and WHEREAS, ACBV provides and maintains a public cultural facility and provides funding to member organizations, in part, for facilities acquisition and upkeep; and WHEREAS, ACBV through its funding programs has provided benefit to Brazos County, Texas through programs attracting over 100,000 participants, and resulting in significant purchases of goods and services from Brazos County, Texas merchants; and Arts Council of Brazos Dalley Agreement Page 1 of 6 14b WHEREAS, ACBV has provided funding to assist local performing, visual, educational and literary arts groups, (collectively "Services"). NOW, THEREFORE, COUNTY and ACBV hereby agree as follows: AGREEMENT ACBV through its programs, funding and support of member organizations agrees to provide the above enumerated services, which it has provided and agrees to continue to provide in support of arts, cultural and heritage organizations. 2. County, for and in consideration of the services provided to County, hereby agrees to pay to ACBV a total payment of $8,000.00 ("Funds') for the year beginning October 1, 2018 and ending September 30, 2019. Payment of such sum will be paid upon receipt of invoice. 3. ACBV agrees to provide an annual account of how the Funds were spent to meet the above described services. ACBV agrees to furnish any information requested by the County Auditor, including documentation of the use of funds received from the County. 4. ACCOUNTING AND AUDIT ACBV agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. ACBV agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. ACBV agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. ACBV agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the ACBV under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of ACBV. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. drls Council gfBrazos Yrrlley Agreement Page 2 oj6 ------------------ The management letter shall identify issues that might not otherwise require disclosure in the ACBV annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the ACBV. Annual financial statements (audited if available) are due to County within six (6) months of completion. 5. RECORD RETENTION The ACBV shall be responsible for record keeping on all services provided and agrees to maintain and make available for inspection by the County upon request consistent with Federal and State law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the ACBV with funding. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. 6. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. 7. INSURANCE The parties hereto agree that the ACBV shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate ills Camcil of Blows Valley dgreemenI Page 3 of 6 liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. S. COUNTY INVOLVEMENT The County and ACBV state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. 9. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 10. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Arts Council of Brazos Valley 2275 Dartmouth Street College Station, Texas 77840 Brazos County Commissioners Court 200 So. Texas Ave. No. 310 Bryan, Texas 77803 Ares Council ojBrazos !alley Agreement Page 4 of 6 11. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. 12. SEVERABILITY In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. 13. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. Arts Council of Brazos Dalley Agreement VOL �' Pg. Page s of 6 14. ASSIGNABILITY This Agreement is not assignable by the ACBV without the prior written consent of the County. WITNESS OUR HANDS this � day of _5* b , 2018. Arts Council of Brazos Valley, Inc. Brazos County, Texas By: IOS4—� By: kS Iva gio, Interim for D ane Peter , County Judge By: �ciJ�'L� Attest: Pamela Smits, President Karen McQueen, County Clerk ibis Council of Brazos Yalleydgreemenl Vol. J 7 % Pg. Page 6 of 6 House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing - Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company AATS OnnraOF U' ►_ Authorized Company Representative: AM,3SAt vAG6iOr-R-i 1 C)MG--Ma Address: 12'75 DAalmouTH C C -PT Contract #: 19 - 093 =--------- Forms provided by Texas Ethics Commission w .ethicsstate.tx.us I Version V1.0.6711 CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos. 1 - 4 and 6 it there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2018394315 Date Filed: 08/20/2018 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Arts Council of Brazos Valley College Station, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Brazos County 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 19-033 Artistic Programming 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there Is NO Interested Party. X 6 UNSWORN DECLARATION My name is AJ SALV ChGIQ and my date of birth is 05/IQ/IQ8 Myaddressis �7S OPc QTAtDUM4 a2EC—T COLLEGE S?ATION, TX 7!84'0 LISA (street) (city) (stale) (zip code) (country) 1 declare under penalty of perjury that the foregoing is true and correct. Executed in I7 ZOS County, State of TE><A S , on the 20 day of U 7 , 20_Lf -------moot ----year-- Si natur of aut d agent of co ,trai g usiness enti� (Declarant) Forms provided by Texas Ethics Commission w .ethicsstate.tx.us I Version V1.0.6711 IAC FUNDING AGREEMENT BETWEEN BRAZOS CONTY AND BIG BROTHERS BIG SISTERS OF BRAZOS VALLEY THIS FUNDING AGREEMENT ("Agreement') IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners hereinafter referred to as ("County") and BIG BROTHERS BIG SISTERS OF SOUTH TEXAS SERVING THE BRAZOS VALLEY, hereinafter referred to as ("BBBS") a non-profit organization dedicated to the improvement of Brazos County, and is effective October 1. 2018. RECITALS: WHEREAS, BBBS conducts the oldest, iargest and most effective youth mentoring organization in the United States. It has been the leader in one-to-one youth service for more than a century, developing positive relationships that have a direct and lasting impact on the lives of young people; and WHEREAS BBBS serves children, ages 6 through 16, in communities across the country — including Brazos County; and WHEREAS, BBBS seeks to help Brazos County children reach their potential through professionally supported, one-to-one relationships with measurable impact by providing successful mentoring relationships for all children who need and want them, contributing to better schools, brighter futures, and stronger communities for all; and WHEREAS to accomplish the above stated public purposes, BBBS recruits, screens, trains and matches adult mentors with Brazos Valley youth who desire a mentoring relationship; and WHEREAS the County desires to assist BBBS in their efforts to promote the public purpose of providing successful mentoring relationships for all children who need and want them, contributing to better schools, brighter futures, and stronger communities for all; and NOW, THEREFORE, both parties agree to the following terms and conditions: AGREEMENT 1. FUNDING BBBS will be funded by the County in the amount of $20,000:00 ("Funds") for the term of this Agreement. Big Brothers Big Sisters Agreement - -7 G� Page I of S 2. TERM OF AGREEMENT This Agreement shall be for a term of twelve (12) months commencing on the 1st day of October, 2018, and terminating on the 30th day of September, 2019. 3. ACCOUNTING AND AUDIT BBBS will provide, no later than March 31, 2019 and August 31, 2019, a detailed account of how the Funds were expended in comportment with this Agreement. BBBS agrees to furnish any information requested by the County Auditor, including documentation of the use of Funds received from the County. In the event it is determined by Brazos County Commissioners Court that the Funds provided herein by the County to BBBS have not been expended in comportment with this Agreement, this Agreement shall automatically terminate and BBBS may be required to return to the County such Funds that were not properly expended. BBBS agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BBBS agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. BBBS agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BBBS agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to BBBS under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of BBBS. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos Countv Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in BBBS annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by BBBS. 4. RECORD RETENTION BBBS shall be responsible for record keeping on all services provided and agrees to maintain and make available for inspection by the County upon request consistent with federal and state law, any and all records the County determines, in its sole discretion, to Big Brothers Big Sisters Agreement Page 2 of 5 Vol, /.../:�� be necessary for the Court to justify its continued participation in supporting BBBS with funding. 5. INDEMNITY The parties agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. 6. INSURANCE The parties hereto agree that BBBS shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. 7. COUNTY INVOLVEMENT The County and BBBS state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. 8. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 9. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail to the other party at the following -- —addresses:— ------ _--- — - — - ----- ------_. ------- Big Brothers Big Sisters Agreement Page 3 of 5 bii: a 7 % pg. �2 Big Brothers Big Sisters Terry Dougherty 315 Tauber St. College Station, TX 77840 10. IMMUNITY Brazos County c/o Commissioners Court 200 So. Texas Ave. No. 310 Bryan, Texas 77803 As a result of its execution of this Agreement and performance of the functions and obligations described herein, Brazos County does not waive or relinquish any immunity or defense on behalf of itself, its commissioners, officers, employees, or authorized representatives. 11. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. 12. SEVERABILITY In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. 13. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. 14. ASSIGNABILITY This Agreement is not assignable by the BBBS without the prior written consent of Big Brothers Big Sisters Agreement Pg -G Page 4 of 5 4'I o� WITNESS OUR HANDS this I9day of ��; _, 2018. BIG BROTHERS BIG SISTERS OF SOUTH TEXAS 1=N Lel-� kt� 7� Terry Dou erty, AutWrized 66presentative BRAZOS COUNTY, TEXAS ATTEST: GCLI�a4 Duane Pete , County Judge Karen McQueen, Brazos County Clerk i - Big Brothers Big Sisters Agreement E2 Page 5 of S �HE House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sarn.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes, and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: 29 12rD 6JS /�7/q Authorized Company Representative: 6 ?J�1 l o &LP �! eA S Address: 3/ t�Qr b P_�_ Sf COCi6C_o_ S7�_4&-n 7X 77 F-z7Z d Date: 2 Contract #: q -OL 9 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos. I -4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2018-396704 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Big Brothers Big Sisters of South Texas - Brazos College Station, TX United States Date Filed: 08/27/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Big Brothers Big Sisters of South Texas - Brazos Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 19-029 Mentoring at risk youth 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION LA My name is / 7 e,)e, cg- 4 �l and my date of birth is % / / L Z S My address is �J % � llCi((G)!'h c1T CC (N � J a-tvi, %^ , 771 lo ((26) (street) (city) (state) (zip pope) (country) I declare under penalty of perjury that the foregoing is true and correct. j7 j ,{. —Executed in � GI_!(%S-------- —County, Stateof—l,�.i'./-A Q --on the �f--=day of-, ,-- 0 f-720-1-9--- (month) (year) Signature of authorizer gent o kyntracting business entity (Declarant) corms provloed try I exas Ethics Commisslon - sstate.tz.us Version V1.0.6711 4d FUNDING AGREEMENT BETWEEN BRAZOS CONTY AND BOYS & GIRLS CLUBS OF BRAZOS VALLEY THIS FUNDING AGREEMENT ("Agreement') IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissoners hereinafter referred to as ("County") and BOYS & GIRLS CLUBS OF BRAZOS VALLEY, hereinafter referred to as ("Club") a non-profit organization dedicated to the improvement of Brazos County, and is effective October 1, 2018. RECITALS: WHEREAS, the Club conducts youth programming and activities within Brazos County; and WHEREAS the purpose of the Club shall be to provide opportunities for youth to grow as productive citizens of our communities; and NOW, THEREFORE, both parties agree to the following terms and conditions: AGREEMENT 1. FUNDING The Club will be funded by the County in the amount of $47,000.00 ("Funds") for the term of this Agreement. 2. TERM OF AGREEMENT This Agreement shall be for a term of twelve (12) months commencing on the 1st day of October, 2018, and terminating on the 30th day of September, 2019. 3. ACCOUNTING AND AUDIT The Club will provide, no later than March 31, 2019 and August 31, 2019, a detailed account of how the Funds were expended in comportment with this Agreement. The Club agrees to furnish any information requested by the County Auditor, including documentation of the use of Funds received from the County. In the event it is determined by Brazos County Commissioners Court that the Funds provided herein by ---the County -to- the -Club -have -not -been-expended _in comportment with-this.Agreement,-this Agreement shall automatically terminate and the Club may be required to return to the County such Funds that were not properly expended. Boys & Girls Clubs of Brazos Valley Agreement Page 7 of 4 Vol. 9 pg. The Club agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Club agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The Club agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The Club agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Club under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the Club. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Club annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Club. 4. RECORD RETENTION The Club shall be responsible for record keeping on all services provided and agrees to maintain and make available for inspection by the County upon request consistent with federal and state law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the Club with funding. 5. INDEMNITY The parties agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. 6. INSURANCE The _parties_hereto_agreethat_the Club shall be_ an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. Boys & Girls Clubs of Brazos Valley Agreement Page 2 of 4 E �- 7. COUNTY INVOLVEMENT The County and the Club state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. 8. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 9. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail to the other party at the following addresses: Boys & Girls Clubs of the Brazos Valley Tiffany S. Parker P.O. Box 524 Bryan, TX 77806 10. IMMUNITY Brazos County c/o Commissioners Court 200 So. Texas Ave. No. 310 Bryan, Texas 77803 As a result of its execution of this Agreement and performance of the functions and obligations described herein, Brazos County does not waive or relinquish any immunity or defense on behalf of itself, its commissioners, officers, employees, or authorized representatives. 11. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this APVPRmimnt '------ - ----_--_------__—_...--------. Boys & Girls Chi& of Brazos Valley Agreemeni E _ Page 3 of 4 � P9 9 12. SEVERABILITY In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. 13. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or .among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. 14. ASSIGNABILITY This Agreement is not assignable by the Club without the prior written consent of the County. WITNESS OUR HANDS this day of 2018. BOYS & GIRLS CLUBS OF BRAZOS VALLEY z iff n . Pa�er, Authori ed Representative BRAZOS COUNTY, TEXAS Duane Peter6, County Judge ATTEST: Karen McQueen, Brazos County Clerk Boys & Girls Clubs of Brazos Valley Agreemeni Page 4 of Forms provided by Texas Ethics Commission www.ethics.state.tx.us "'"'� -. �.._ ------ Version V1.0.6711 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1011 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-402088 Boys & Girls Clubs of the Brazos Valley Bryan, TX United States Date Filed: 09/10/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Brazos County Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 19-030 The Boys & Girls Club will conduct youth programs and activities within Brazos County to provide opportunities for youth to grow to be productive citizens of the community. 4 Name of Interested Parry City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Parker, Tiffany Bryan, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION 1�' P and my date ofTbirth is W,;', My name isf Q,.� j ! ^� My address is ��i SCi ?L-, (street) (at (s a.) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. _.____- _ - - _- _ ____. ______ Executed m - ty, _--� - - -y - - u --- ���2.�5 Coun State of i''� - G -S , on the © da of - , 20J. ( Doth) (year) S gn rLbf authori ed agent of contracting busin ss entity (Declaran9 Forms provided by Texas Ethics Commission www.ethics.state.tx.us "'"'� -. �.._ ------ Version V1.0.6711 House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in !this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: Boys & Girls Clubs of Brazos Valley Authorized Company Representative: Tiffany S. Parker Addrasc P.O. Box 524 Contract #: 19-030 Vol. % l"9• I f, FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY HISTORICAL COMMISSION This is an Agreement for Funding ("Agreement") by and between Brazos County hereinafter referred to as ("County") and the BRAZOS COUNTY HISTORICAL COMMISSION, hereinafter referred to as ("BCHC") a commission dedicated to the improvement of Brazos County. RECITALS WHEREAS, County historical commissions are a vital link in Texas' preservation network. Few other states have a built-in mechanism that makes possible a preservation organization in every county; WHEREAS, the BCHC has the statutory responsibility to initiate and conduct programs suggested by the Brazos County Commissioners' Court and the Texas Historical Commission ("THC"). WHEREAS, BCHC has worked co-operatively with the Brazos County Commissioners' Court, THC, local governments, local non-profit organizations and individual citizens to preserve Brazos County's heritage for the use, education, enjoyment and economic benefit of present and future generations in Brazos County. NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual promises recited herein, the parties agree as follows: AGREEMENT BCHC Responsibilities BCHC, shall provide services to the County as follows: A. Actively promote the interest in and appreciation of the rich history of Brazos County by encouraging individuals, organizations, businesses, and others to submit applications for historical markers for buildings, organizations, activities, individuals, sites of historical events, and other entities and events throughout Brazos County. B. Support other groups and events that have the same goal. County Responsibilities A.—__BCHC _shal_I be funded by - the _ County in the _amount _of $9,000.00 for the term of ---------------- this Agreement. This Agreement shall be for a term of twelve (12) months commencing on the 1st day of October, 2018, and terminating on the 30th day of September, 2019. Brazos County Historical Commission Agreement B. BCHC agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BCHC agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. BCHC agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BCHC agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the BCHC under prior Agreements. C. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of BCHC. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the BCHC annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the BCHC. D. Annual financial statements (audited if available) are due to County within six (6) months of completion. General Provisions: A. All notices required or permitted hereunder shall be in writing and addressed to the respective officer of the other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: COUNTY Brazos County c/o Commissioners Court 200 South Texas Avenue, Ste., 310 Bryan, Texas 77803 BCHC Henry Mayo Chairman P.O. Box 9169 College Station, Texas 77842-9169 B. Either of the parties shall have the right to terminate this Agreement in whole or in part at any time. Notice to terminate this Agreement will be given in writing at least thirty (30) days prior to the date of termination. The notice shall include the reason for such a termination, the effective date of the termination and, in the case of partial termination, the potion of the Agreement to be terminated. C. In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. Brazos County Historical Commission Agreement I va. _ % 0g / D. This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 8 =� SIGNED this _ day 002018. BRAZOS COUNTY HISTORICAL COMMISSION By. `� O Henry Mat, rman BRAZOS COUNTY By l D ane Peyrs, County Judge Brazos County Historical Commission Agreement ATTEST: � c Karen McQueen, Coun Clerk Page 3 of 3 House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: ,PRt AZ05 6Q&W-7Y 9-5i 7-o�:�(-GFaL GvaY�M, / Authorized Company Representative: ' aI ,-rj Y I (q AY QdAZ2MAd Address: f-0- 9-X '�-) / W) �0L-(-_ r: 7a7zOsl Tj< 77QLFL—W69 I Vol. ---Z, L P( =2 %� FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY PRECINCT 3 VOLUNTEER FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of Precinct Three ("Agreement') is hereby effective October 1, 2018, by and between the BRAZOS COUNTY PRECINCT THREE VOLUNTEER FIRE DEPARTMENT, INC. ("Department') and BRAZOS COUNTY, TEXAS, ("County'), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: /_Tel:ZWaN0►1111 SCOPE 1. Department shall provide fire protection services to any person who requests it within the confines of Precinct 3, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 2 and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the --boundaries-of-the Precincts -should -arise ---- Precinct 3 Volunteer Fire Dept. Agreement Page 1 oj4 E �� 2. All requests for services under this Agreement shall be made through the 9-1- 1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sum of $29,000.00 upon execution of this Agreement ("Funds"). 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement term shall be from October 1, 2018, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2019. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: Brazos County Precinct Three Volunteer Fire Department, Inc. P.O. Box 5453 Bryan, TX 77805-5453 Attn: Gerald Burnett, Fire Chief County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 Precinct 3 Volunteer Fire Dept. Agreement o14 vol. % Pg- -=--� DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a --- breach -will -not -constitute consent -to or -waiver of --or-rexcuse of -any -other,--- — -- different or subsequent breach. Pree'inOl 3 Volunteer Fire Dept. Agreement Pa -3o f 4 Vol. — �--_ p9. 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Department agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Department. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Department annual financial report, but which are of concern to or under the suggestion of the auditor. Annual financial statements (audited if available) are due to County within six (6) months of completion. Brazos County Precinct Three Brazos County, Texas Volunteer Fire Department, Inc. By: Gregory Cross, resident D ane P ers, County Judge Date: q — / ?- — I �/ Date Precinct 3 Volunteer Fire Dept. Agreement - Page 4 of 4 va. House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: Zos louh ?(ectr,c_- 3 V J,)ri�-eer —"jre Authorized Company Representative: Greyo<,� 5,C(055, �CeS Oen Address: 6�� 5f53 Qom, ^(Y �7go5 Sf53 51a 5 Elmo W eec�.rt 19- o53G Vol. --� L — Pg. 2- Y FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY PRECINCT 4 VOLUNTEER FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of Precinct Four ("Agreement') is hereby made effective October 1, 2018, by and between the BRAZOS COUNTY PRECINCT FOUR VOLUNTEER FIRE DEPARTMENT, INC. ("Department") and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: AGREEMENT SCOPE 1. Department shall provide fire protection services to any person who requests it within the confines of Precinct 4, as described on Exhibit "A° attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 2 and 3 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District -.. _. at 1_673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records -maintained -by -that office if -a -question -about -the- ---- boundaries of the Precincts should arise. Precinct 4 Volunteer Fire Depl, Agreement E.7 e 1 of 4 2. All requests for services under this Agreement shall be made through the 9-1- 1 Emergency Communications District, which dispatches fire protection units for the County. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS County shall pay Department the sum of $29,000.00 upon execution of this Agreement ("Funds"). 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION This Agreement term shall be from October 1, 2018, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2019. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: Brazos County Precinct Four Volunteer Fire Department, Inc. P.O. Box 4186 Bryan, TX 77805 Attn: Jerk Fire Chief �2G p�hn�ebnt�rn County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 -Bryan, TX 77803— — - Precinct 4 Volunteer Fire Dept. Agreemen� 4LL"—" Page 2 of 4 va. -_ P9icl� 7_K�7 DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas, 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the - - - p -- party(ies) claimed -to kfave waived: Furthermore; any consent to or waiver of a --- breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. Precinct 4 Volunteer Fire Dept. Agreement i d " -- --.._,. Page 3 of 4 L � P9 ____� I 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Department agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Department. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Department annual financial report, but which are of concern to or under the suggestion of the auditor. Annual financial statements (audited if available) are due to County within six (6) months of completion. Brazos County Precinct Four Brazos County, Texas Volunteer Fire Department, Inc. 1,4 By: c / 9 es, Fire Chief ADuaneers, County Judge jor✓ �a.nnzn�avrn � � b � p Date: g �S '� b' Date: .ATTEST-.---- — — - wren McQueen, County Clerk 4 Precinct 4 Volunteer Fire Dept. Agreement I House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: JZ4Z6 S Couly jy PPXCIA;/ ,r 7( t/0 uNTF i 4 r/ a i�C�/f�i /� ✓ 1 Authorized Company Representative: J -CSG 01t1`,-JQ,,L-)Pym Address: Po I3 0 X, Z4( W 6 ContractM 14k FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY SOIL & WATER CONSERVATION DISTRICT #450 THIS AGREEMENT FOR FUNDING ("Agreement") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County"), and the BRAZOS COUNTY SOIL & WATER CONSERVATION DISTRICT #450 (hereinafter "District"), located in Bryan, Texas, and is effective October 1, 2018. RECITALS WHEREAS, the District, and County do hereby enter into a contractual agreement for the District to provide soil and water conservation services to the residents of Brazos County and to the County proper. The District as the recipient, shall furnish to the County's Auditor, at a minimum, documentation indicating the use of funds received from the County. The County's Auditor may require the recipient to provide information necessary for the County Auditor to properly account for all funds expended or received by the District; and WHEREAS, those services will include, but not be limited to, erosion control, water management, and rural development ("Services"). This will be carried out by planning and application through informal agreements with land users, or, as required by Federal or State law. An information and recognition program will be used to inform the public. Technical assistance is utilized through a Memo of Understanding between the District and the USDA - Natural Resources Conservation Service; and WHEREAS, erosion control will keep the land productive for its various uses for many generations. Sediment resulting from erosion clogs our local streams reducing water carrying capacity and resulting in local flooding. Excessive siltation ruins our local wetlands, and; therefore, reduces a dwindling wildlife habitat. Silt from erosion carries many pollutants directly into our local streams and rivers. Conservation practices consist of erosion control structures, erosion control ponds, gully shaping, diversions, vegetating old fields, proper management of grazing resources; and WHEREAS, water management includes recommendations for proper irrigation, flood control, and water quality. Irrigated crops account for 75% of all water used. Proper irrigation saves that resource for tomorrow's uses including domestic consumption. Proper irrigation helps to keep agriculture pollutants from entering underground water supplies. Conservation practices include total evaluation of irrigation systems and application procedures, precision land leveling, and underground pipelines. Water management includes floodplain management; and WHEREAS, the District's role in rural development in Brazos County is in providing fire protection utilizing dry hydrants. Insurance rates outside the city limits can be lowered a great deal, as well as provide a reliable source of water to fight rural fires. Farm ponds provide the water and we plan the dry hydrant system. The District is 13ra:os Counly Soil & IPnler Conservation Disiriet Agreement Page I of 4 E2 Annual financial statements (audited if available) are due to Brazos County within six (6) months of completion. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the District shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. COUNTY INVOLVEMENT The County and District state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Brazos County SWCD 3833 South Texas Avenue, #112 Bryan, TX 77802 Grams Coant)v Soil K }Yn[er Conse�wa District A reunent Page 3 of 4 House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. WIII not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entitles or business associations that exist to make a profit. — - Company Name: Brazos County SWCD #450 Authorized Company Representative: Preston J. Ruffino III Address: 3833 S. Texas Av. #112 n, TX 77802 Contract va, � 4�1 INDIGENT HEALTH CARE AGREEMENT This Indigent Health Care Agreement ("Agreement") is entered into by and between BRAZOS COUNTY acting by and through its duly elected COURT OF COMMISSIONERS (hereinafter "County") and the BRAZOS VALLEY COUNCIL OF GOVERNMENTS (hereinafter "BVCOG"). I The purpose of the Agreement is to provide for the administration of the heath care program for eligible Brazos County residents pursuant to the Indigent Health Care and Treatment Act, Texas Health &Safety Code, Chapter 61 (the "Act"). The parties mutually agree as follows: In compliance with the Indigent Health Care and Treatment Act ("Act"), County agrees to provide basic health care assistance to eligible County residents by reimbursing providers of services to households who meet the requirements of the Act, the Texas Department of State Health Services regulations and the Texas Administrative Code'Title 25, Chapter 14. County enters into this agreement with the BVCOG to share the costs of the regional administration of the Indigent Health Care Program. RATES FOR REIMBURSEMENT I The County agrees to pay the County's share of the cost of the administration of the County Indigent Health Care (CIHC) Program for eligible Brazos County residents. County agrees to pay BVCOG $ 96,700.00 ("Funds") for the 2019 fiscal year, October 1, 2018 through September 30, 2019, in quarterly installments. RESPONSIBILITIES OF BVCOG For and in consideration of the funding provided by the County, the BVCOG agrees to administer the Brazos County Indigent Health Care Program in compliance with the Act and pursuant to the regulations of the Texas Department of State Health Services and the Texas. Administrative Code, Title 25, Chapter 14, by providing: Written minimum eligibility standards and application, documentation, and verification procedures to determine eligibility for indigent health care under the Act. 2. An annual review no later than the beginning of q state fiscal year of the County eligibiRy standards and a reasonable notice of the standards to the public. 3. An application procedure including forms and notification of the procedure to the public. Vol. -27L— Pg. INDIGENT HEALTH CARE AGREEMENT This Indigent Health Care Agreement ("Agreement") is entered into by and between BRAZOS COUNTY acting by and through its duly elected COURT OF COMMISSIONERS (hereinafter "County") and the BRAZOS VALLEY COUNCIL OF GOVERNMENTS (hereinafter "BVCOG"). I The purpose of the Agreement is to provide for the administration of the heath care program for eligible Brazos County residents pursuant to the Indigent Health Care and Treatment Act, Texas Health &Safety Code, Chapter 61 (the "Act"). The parties mutually agree as follows: In compliance with the Indigent Health Care and Treatment Act ("Act'), County agrees to provide basic health care assistance to eligible County residents by reimbursing providers of services to households who meet the requirements of the Act, the Texas Department of State Health Services regulations and the Texas Administrative Code Title 25, Chapter 14. County enters into this agreement with the BVCOG to share the costs of the regional administration of the Indigent Health Care Program. RATES FOR REIMBURSEMENT I The County agrees to pay the County's share of the cost of the administration of the County Indigent Health Care (CIHC) Program for eligible Brazos County residents. County agrees to pay BVCOG $ 96,700.00 ("Funds") for the 2019 fiscal year, October 1, 2018 through September 30, 2019, in quarterly installments. RESPONSIBILITIES OF BVCOG For and in consideration of the funding provided by the County, the BVCOG agrees to administer the Brazos County Indigent Health Care Program in compliance with the Act and pursuant to the regulations of the Texas Department of State Health Services and the Texas. Administrative Code, Title 25, Chapter 14, by providing: 1. Written minimum eligibility standards and application, documentation, and verification procedures to determine eligibility for indigent health care under the Act. 2. An annual review no later than the beginning of q state fiscal year of the County eligibility standards and a reasonable notice of the standards to the public. 3. An application procedure including forms and notification of the procedure to the public. IVa�P9� CIHC Agreement BRAZOS County — BVCOG 4. Intake services in Brazos County at least once a month. 5. Assistance to applicants in the accurate completion of the application process including all needed verifications, documentation, and supplemental information. 6. Screening, assessment, and determination of each applicant's eligibility for indigent health care. 7. An explanation to the applicant, if approved, of the obligation to report any change in income or resources that might affect the applicant's eligibility and the possible penalties under the law for failure to report such a change. 8. A decision regarding acceptance or denial of the application not later 10 than the day after the date on which the BVCOG receives a complete application, and a written notification of the decision to the applicant, including the reason for any denial, the process for resubmitting an application at any time circumstances justify a redetermination of eligibility, and an explanation of the appeals procedure. 9. An administrative hearing procedure with appropriate due process considerations, notification forms, and an appeals process for individuals or households whose application has been denied. 10. Retention of all records relating to an application at least until the end of the third complete state fiscal year following the date on which the application is submitted. t. 11. A response to all inquiries regarding the program pursuant -to the Texas Public Information Act, Texas Government Code Chapter 552. 12. An annual written review of the program's management and operation. 13. A review of the eligibility of each household at least once every six (6) months. 14. A list of eligible Brazos County residents distributed to each provider once every six (6) months. I 15. A review of all bills submitted to BVCOG by the medical provider(s) to verify accuracy and the eligibility of the patient. 16. Remittance to the County of bills that have been reviewed and approved for payment to the medical provider. CLHC Agreement BRAZOS County — BVCOG RESPONSIBILITIES OF THE COUNTY For and in consideration of the services provided by BVCOG, the County will provide: 1. Payment in accordance with the payment standards of the Act for services determined by BVCOG to be an accurate rendering of services to an eligible patient. 2. Payment of BVCOG'S cost to administer Brazos County's portion of the indigent health care program on a quarterly basis. 3. An audit of the program. 4. Responsibility for payment of services in accordance with the Indigent Health Care and Treatment Act. 5. Payment for County's pro rata share of outside audit services, if necessary. TERM This Agreement is for one (1) year, from October 1, 2018 until September 30, 2019. CANCELLATION This Agreement may be cancelled by either of the parties hereto upon sixty (60) days written notice. AUDIT BVCOG agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BVCOG agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. BVCOG agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BVCOG agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the BVCOG under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the COUNTY. Annual financial statements (audited if available) are available to the Brazos County upon request ____within six.(6)_months of_completion _____ va. 79 PA.7-L-7-3 CIRC Agreement BRAZOS Count, — BVCOG ALTERNATIVE DISPUTE RESOLUTION The parties agree that, in the event that suit is filed by either of them based on or pertaining to this Agreement, they shall submit this dispute to mediation as described in Section 154.023 of the Texas Civil Practices and Remedies Code. The parties further agree that the results of the mediation will not be binding on the parties. The parties shall have the right to undertake proceedings in a court of proper jurisdiction. INDEMNITY Any monetary loss suffered by the County from ineligible clients!. mistake, fraud or other conditions can be recovered from the BVCOG only to the extent of available insurance. AMENDMENT This Agreement shall be automatically amended by the amendments made to the Act by the State Legislature. In all other respects, this Agreement may be modified, amended, altered or extended only by a written amendment signed by the parties. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents, which may be necessary to carry out the provisions of this Agreement. FORCE MAJEURE Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and software providers, phone and internet service providers, carriers, or other parties to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon and an expected date when obligations under this Agreement will be resumed. CJHC Agreement BRAZOS County — BVCOG SEVERABILITY In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties. There are no representations, agreements, arrangements or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. FISCAL FUNDING Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item or obligation contained herein for the term of the Agreement and any extension thereto. BVCOG, or any other person or entity directly or indirectly employed by the BVCOG or any other person or entity to whom the BVCOG may be liable to, shall have no right of action against the County in the event the county is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Agreement by written notice to the BVCOG at the earliest possible time under the circumstances. EFFECTIVE the [ r day of C11— '2018 BRAZOS COUNTY I: t B /L� ( Date I✓ �D dge Duane Peters 4 BRAZOS VALLEY COUNCIL OF GOVERNMENTS Jr. Date) House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https:/Nwnv.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: I 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. AuthorizedA&&"paay 'F n Address: T "13 - t9.0 Ecc./)"(1 (a, -e_ 2C(d -(°( vol. Pg c7 -o FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS VALLEY ECONOMIC DEVELOPMENT CORPORATION THIS FUNDING AGREEMENT ("Agreement") is effective October 1, 2018 by and between BRAZOS COUNTY, TEXAS, a body corporate and politic under the laws of the State of Texas, (hereinafter referred to as "County"), and the BRAZOS VALLEY ECONOMIC DEVELOPMENT CORPORATION, a Texas non-profit corporation (hereinafter referred to as "BVEDC"). RECITALS: WHEREAS, the Commissioners Court of Brazos County desires to stimulate business and commercial activity in the County; and WHEREAS the County wishes to contract with BVEDC as its agent pursuant to TEX. LOC. GOV'T CODE ANN. §381.004 to administer the County's program for local economic development (herein the Brazos County Economic Development Program); and WHEREAS, the County desires to diversify its economy, increase and broaden its tax base, provide more and better employment opportunities for its citizens and promote the general public welfare; and WHEREAS, it is important to the County to attract and expand business, commercial and industrial enterprise in order to accomplish this purpose; and WHEREAS, BVEDC is an agency with specific expertise in the field of economic development and administering governmental economic development guidelines; and WHEREAS, the County has determined that this Agreement is for the personal or professional services and therefore exempt from competitive bidding under Chapter 262, Local Government Code. THEREFORE, in consideration of the mutual understandings and agreements set forth, the County and BVEDC agree as follows: AGREEMENT: ARTICLE 1 Qualifications of the BVEDC 1.1 The BVEDC represents that: 2019 BVEDC Agreement --.._- Page 1 of9 �� Pg• `/ (a) The BVEDC is a non-profit entity that is authorized and experienced in the administration and furtherance of economic development programs in all or a portion of the County; (b) The BVEDC has expertise and skills to attract new businesses to the County, to encourage the expansion of existing businesses in the County, or to retain existing businesses in the County, pursuant to the County's economic development guidelines and Chapters 311, 312 and Sections 381.003 and 381.004 of the Texas Local Government Code; (c) The BVEDC shall cooperate with and use the services of the Texas Department of Economic Development. ARTICLE 2 Definitions 2.1 "Economic Development Guidelines" means the County's financial criteria on file used to determine qualification for receiving Incentive Funds. 2.2 "Project Performance Standards" means individual performance terms and requirements established by agreement between the County and any employer/business to receive Incentive Funds. 2.3 "Program Projects" means uses of the Incentive Funds, or a portion thereof, as approved by the County, to provide incentives or assistance to businesses/employers which results in the public purpose of economic development, diversification, expansion, and employment being served, pursuant to the County's Economic Development Guidelines. 2.4 "Program Standards" means standards that an employer/business must meet in order to qualify for Incentive Funds. ARTICLE 3 Term 3.1 The term of this Agreement is for one (1) year, being effective as of October 1, 2018, and ending on September 30, 2019, (the "Present Term"), unless earlier terminated as provided herein. 3.2 Either party may terminate this Agreement on sixty (60) days prior written notice to the others. 3.3 Upon receipt of any termination, the County agrees to continue funding a program project that had -been previously approved by the County. --- -- 2019 BVEDC dgreenvia Page 2 of 9 ARTICLE 4 Administration Services 4.1 BVEDC agrees to provide all administrative services necessary to administer the County's Economic Development Program and program standards set forth herein. 4.2 Pursuant to the authority granted in Chapter 381 of the Texas Local Government Code, the administrative services to be provided include, but are not limited to: (a) corresponding with and negotiating with potential or existing business/employers for Program Projects that will develop, diversify and/or expand the Brazos County economy, develop or expand transportation or commerce in the State, and/or serve the purpose of eliminating unemployment in Brazos County. (b) establishing Project Performance Standards for each Program Project that are consistent with the Program Standards set out in the County's Economic Development Program and herein; (c) obtaining contracts between the County and businesses/employers for Program Projects whereby the business/employer agrees to meet the County's Project Performance Standards, and which provide assurances that the County's Project Performance Standards will be met; and (d) compliance with all requirements of this Agreement. 4.3 The BVEDC shall receive the sum of Three Hundred Fifty Thousand and No/100 Dollars ($350,000.00) as compensation for the administrative services to be provided hereunder (herein the "Administration Funds"). County shall pay such sum on a monthly basis by paying the BVEDC one -twelfth (1/12) of the total sum referenced above. ARTICLE 5 Incentive Funding 5.1 County has appropriated One Hundred Sixty Four Thousand and No/100 Dollars ($119,000.00) ("Incentive Funds") for the purpose of funding Economic Development Grants entered into by the County under its Economic Development Program. The Incentive Funds shall be divided and designated as follows: ---$119,000-6f -th Incentive Funds shall_ be appropriated as new cash incentives, which may be used to promote future local economic development and stimulate commercial activity in the County. 1019 RV&UCdgreenrenr Page 3 of va. P9' Incentive Funds have been budgeted for the current fiscal year and are payable out of current revenues. 5.2 Payments of Incentive Funds shall be made as approved and directed by the County to the qualifying business/employer under approved Program Projects. 5.3 The County Incentive Funds provided for in this Agreement shall be used only in accordance with the Brazos County Economic Development Guidelines and program standards. ARTICLE 6 Use of Incentive funding 6.1 The County's Program administered by the BVEDC hereunder consists of the use of the County's Incentive Funds to develop and diversify the Brazos County economy, to eliminate unemployment or under -employment, and to expand the local economy, pursuant to Standards and Guidelines set forth in the Brazos County Economic Development Guidelines. 6.2 Program Standards. The BVEDC shall not recommend to the County that an applicant business/employer receive Incentive Funds unless the applicant business/employer meets or exceeds the following standards: (a) is authorized to do business in the State of Texas; (b) is current and in good standing on all state, local and federal taxes, assessments and/or fees; (c) is not in bankruptcy; (d) is an Equal Employment Opportunity Employer with policies in place and practiced which prohibit discrimination in employment based on race, sex, age, national origin, creed, religion, or disability (unless based on bona fide occupational reason or a reason exempted or approved by the Americans With Disabilities Act and the regulations promulgated thereunder); (e) agrees by written contact directly with the County to meet performance criteria established by the County in accordance with the County's Program Standards (hereinafter "Project Performance Standards") as to the establishment, expansion, or improvement of business operations in Brazos County, Texas and/or the employment of residents of the County. complies -with -the -current County- Economic -Develop ment-Guidelines-for-------- --- -- financial assistance, including the grant to the County of the right to review and verify the applicant business/employers financial statements prior to 20/9 BVEDC Agree,xent VCA. PCj. Page J of 9 the grant of any incentive and to review the financial condition of the project during the term of any incentive, including the right to send representatives from the County Appraisal District to inspect any facilities of the applicant business/employer to verify the accuracy of information provided for the economic incentive. Provisions to this effect shall be incorporated in every agreement between the applicant business/employer and the County; (g) if the proposed program project does not meet the specific job retention/creation requirements set forth in (f) above, other positive effects on the local economy of the proposed program project may be taken into consideration and approved by the County, as recommended by BVEDC, in determining whether to pursue funding of a program project. These include: (i) the impact of the Program Project on economically disadvantaged individuals. An economically disadvantaged individual is an individual who: 1019 BVEDC Agreement (1) was unemployed for at least three (3) months before obtaining employment with the qualified business; (2) receives public assistance benefits, including welfare payments or food stamps, based on need and intended to alleviate poverty; (3) is an economically disadvantaged individual, as defined by Section 4(8), Job Training Partnership Act (29 U.S.C. Section 1503(8)); (4) is an individual with handicaps, as defined by 29 U.S.C. Section 706(8); (5) is an inmate, as defined by Section 498.001 of the Government Code; (6) is entering the workplace after being confined in a facility operated by the institutional division of the Texas Department of Criminal Justice or under contract with the Texas Department of Criminal Justice; (7) has been released by the Texas Youth Commission and is on parole, if state law provides for such a person to be on parole; or Page 5 of (8) meets the current low income or moderate income limits developed under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 14376, et sec.). (ii) the need for the product/service provided by the business/employer in the local area; (iii) the estimated multiplier effect on the local economy of the Program Project either due to the level of wages paid or the injection of outside funds into the local economy (i.e., tourism, capital expenditures, purchasing or materials from local businesses, etc.); and (iv) the creation of part-time positions, and/or (v) capital expenditures which have a material and direct positive impact upon the local economy by providing the following benefts: 1. increases in the local tax base; 2. creation of ancillary jobs and/or jobs for economically disadvantaged individuals; 3. attraction of other businesses; 4. . creation of new sales tax revenues; 5. commercial development of new and existing areas; 6. defining, enhancing and/or redefining job skill level of locally available work force. If such considerations indicate that the benefit to the local economy meets or exceeds that which would be gained by the business/employer employing and/or retaining the number of employees required for the level of funding under subsection (e) above, the BVEDC may consider such business as qualifying and therefore recommend such business/employer to the County upon the approval of the Board of Directors by a 75% or more favorable vote (9 of 12). (h) All contracts for Program Projects must be in a form approved by the County and County's legal counsel. The contract must include, but is not limited to, provisions: (i) containing the Program Project Performance Standards applicable to the business/employer, and the business/employer's agreement to comply therewith in a set time -frame; (ii) requiring periodic documentation of the business/employer's compliance with the Project Performance Standards, and giving the BVEDC and the Ccn,nty thi= rrinfit-to insoeot- its -oderations and -books to-confirm-thebusiness/employer's---- 2019 BVEDC Agreenwit the Program Project Performance Standards; Vol. � Pg. 2C), Pew 6 af9 (iii) requiring the repayment directly to the County within sixty (60) days of demand of the funds appropriated to the Program Project by the County if the applicant business/employer fails to meet the County's Project Performance Standards or otherwise is in material breach of its Agreement with the County, and giving the County the right to sue the applicant business/employer to enforce the contact between the County and the business/employer, and to recover all attorney's fees and costs Incurred in doing so; (iv) requiring the business/employer to make draw requests for the funding from the County, which requests must show in detail how the money and/or property will be applied/used, or for what the reimbursement is sought, and which contain such documentation as is required by the County; and (vi) requiring compliance with all applicable laws regarding the provision of equal employment opportunities. ARTICLE 7 Accounting 7.1 BVEDC agrees that Brazos County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BVEDC agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. BVEDC agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BVEDC agrees that Brazos County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to BVEDC under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of BVEDC. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the BVEDC annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the BVEDC. Annual financial statements (audited if available) are due to Brazos County within six (6) months of completion. 10/9 BVEDC dgreenrea! Page 7 of 9 ARTICLE 8 Miscellaneous Terms 8.1 Notice. Notices or correspondence under this Agreement to either party from the other may be personally delivered or sent by First Class Mail, or other reliable courier. Notice to the County shall be sent to: Duane Peters, County Judge Brazos County Administration Bldg. 200 So. Texas Ave., Suite 332 Bryan, Texas 77803 Notice to the BVEDC shall be sent to: Brazos Valley Economic Development Corp. 1716 Briarcrest Dr. Suite 714 Bryan, Texas 77802 8.2 Severability. In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. 8.3 Amendment. During the term of this Agreement, if certain areas need further clarification or revision, the parties will work in good faith to arrive at written memorandums or understandings regarding those areas. Any amendment of this Agreement must be in writing, and executed by a duly authorized representative of each party. 8.4 Assignment. This Agreement cannot be assigned or performed by subcontractors except with the written consent of both parties. 8.5 Not Joint Venture: Independent Contractor. The parties agree that this is not a joint venture, partnership or employee -employer relationship and that neither party shall have the authority to bind or incur liability to the other without the other's prior written permission. Furthermore, the BVEDC shall be considered an independent contractor agent for the sole and limited purpose only of administering the County's economic development guidelines and program project standards pursuant to the grants of authority given the County under Chapter 311, 312 and 381 of the Texas Local Government Code. 8.6 Applicability of Texas Law. The laws of the State of Texas shall govern this Agreement, except where clearly superseded by federal law. 2019 BYFDC Ag'eeme'd va._�7i p9�0� Page 8 of 8.7 Venue. The place of performance of this Agreement is Brazos County, Texas, and all consideration payable hereunder and things to be done pursuant hereto shall be deemed to be payable and performable in Brazos County, Texas. Venue of any dispute arising out of this Agreement or performance hereunder shall be fixed for all purposes in Brazos County, Texas. 8.8 Entire Agreement and Binding Authority. This Agreement supersedes and constitutes a merger of all prior oral and/or written agreements and understandings of the parties on the subject matter of this Agreement and is binding on the parties and their successors, agents and assigns. 8.9 Waiver. No waiver by either parry of any provision of this Agreement shall be effective unless in writing, and such waiver shall not be construed as or implied to be a subsequent waiver of that provision or any other provision. The signatories hereto have the authority and have been given any approvals necessary to bind by this Agreement the respective parties for which they sign. BRAZOS COUNTY, TEXAS By. Duane Pe s, County Judge Attest: By: f r C? K en McQueen, County Clerk 2019 QVLDC Agreement Brazos Valley Economic Development Corp., a Texas non-profit corporation By:� Chairman of the Board I Vod. 9 s• 3 ° Page 9 of 9 House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/2412001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at haps://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or In an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company' means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: 6 p_A 70 5 F_--DC_ Authorized Company Representative:� Address: ri t 4, 0Ji%; Contract #: j q ' 0 ,3(0 { Vol. a P9,_ �� CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no Interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-393453 Brazos Valley Economic Development Corporation Bryan, TX United States Date Filed: 08/17/2018 2 Name of governmental entity or state agency that is a parry to the contract forty ich the form is being riled. Brazos County Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 19-036 Brazos County is a funding partner to the BVEDC to cultivate regional economic development in order to help businesses launch, row and locate businesses in the Brazos Valley. 4 Name of Interested Parry City, State, Country (place of business) Nature of Interest (check applicable) Controlling Intermediary Prochaska, Matt Bryan, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION I�mo'� LL y5l�,,�� My name is and date of birth is � � 6,-4 f`a �y��\ pmy I� rr lJP n�✓�'f' p -r-✓ 1.,[ My address is L'1 �P ✓J M'A ��vY'ri `J� DA -S & 7% f Jfr-� 8( J. X 7781% I (street) (city) (slate) (zip code) (country) j3 �t�7--r7 S I declare under penalty of perjury that the foregoing is true and correct __— _—._____. Executed in - County, State of , on the day of , 20 (month) (year) / / �` _ Signature horized agent of contracting business entity (necfarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 ,Vol. 2 Z 2 P9, �� 7 COMMISSIONER COURT MINUTES OF SEPTEMBER 18, 2018 ARE CONTINUED IN VOLUME 280 PAGE 1 Vol. % % Pg. J�6 COMMISSIONER COURT MINUTES OF SEPTEMBER 18, 2018 ARE CONTINUED FROM VOLUME 279 va�,� Py. 4K FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS VALLEY VETERANS MEMORIAL THIS AGREEMENT FOR THE FUNDING ("Agreement") is made and entered into by and between BRAZOS VALLEY VETERANS MEMORIAL, a private nonprofit corporation chartered by the State of Texas, acting by and through its duly authorized agent(s) and officer(s), hereinafter referred to as ("BWM"), and Brazos County acting by and through its Commissioners Court, duly authorized to act, hereinafter referred to as ("County"), RECITALS: WHEREAS, BWM provides a public art memorial for residents and non-residents of the County to have a dignified place of recognition for the service and sacrifices made while in the uniformed services of this great nation and also provides an educational venue to teach our children about those sacrifices; and WHEREAS, the Commissioners Court of Brazos County finds that the memorial and grounds constitute a museum and/or recreational area; and WHEREAS, the County may provide funding to construct and/or maintain a museum and/or recreational park or facility; and WHEREAS, such activity serves a public purpose. NOW, THEREFORE, COUNTY and BWM hereby agree as follows: 1. BWM through its funding and support shall operate and maintain a memorial for all veterans. 2. County, for and in consideration of the services provided to County, hereby agrees to pay to BWM a total payment of Twenty Five Thousand and No/100 Dollars, $25,000.00 - --- ("Funds') for the year tiegihning October 1; 2018 and endir g September 30 -2019. --Payment of - - such sum will be paid upon receipt of invoice. Brazos Valley Veterans Memorial Agreement Page I of 5 Vol. Pg. �i 3. BWM agrees to provide an annual account of how the Funds were spent to meet the above described services. BWM agrees to furnish any information requested by the County Auditor, including documentation of the use of funds received from the County. 4. ACCOUNTING AND AUDIT BWM agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BWM agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. BWM agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BWM agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the BWM under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the BWM. Annual financial statements (audited if available) are due to County within six (6) months of completion. 5. RECORD RETENTION The BWM shall be responsible for record keeping on all services provided and agrees to maintain and make available for inspection by the County upon request consistent with Federal and State law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the BWM with funding. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. Brazos Valley Veterans Memorial Agreement E E Page 2 oj5 P9,�_ 6. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. 7. INSURANCE The parties hereto agree that the BWM shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. 8. COUNTY INVOLVEMENT The County and BWM state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. 9. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. Brazos Valley Veterans Memorial Agreement Page 3 of 5 va. �o Pg 10. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Brazos Valley Veterans Memorial P.O. Box 11055 College Station, Texas 77842 Brazos County Commissioners Court 200 So. Texas Ave. No. 310 Bryan, Texas 77803 11. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. 12. SEVERABILITY In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. 13. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. 14. ASSIGNABILITY This Agreement is not assignable by the BVVM without the prior written consent of the County. Brazos Valley Veterans Memorial Agreement Page 4 of 5 7V(X7! �_ P9 WITNESS OUR HANDS this I day of 1C 1 Y '2018. Brazos Valley Veterans Memorial, Inc. Brazos Cou ex By: uane P ers, County Judge Attesf 'Karen McQueen, CO-Wnty Clerk Braw. VaHn Veteran: 1lemorial_1greemexr Page ) of Vol. Pg. N/A By: Name: Title: Executive Director By: Name: Randolph W. House Title: President Brazos Cou ex By: uane P ers, County Judge Attesf 'Karen McQueen, CO-Wnty Clerk Braw. VaHn Veteran: 1lemorial_1greemexr Page ) of Vol. Pg. House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https:ttwww.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: Brazos Valley Veterans Memorial Authorized Company Representative: Brian Hilton, Secretary Address: PPO Box 11055, College Station, TX 77842 Date: 08/14/2018 ------------Contract9-046 —------- — — 9 THE STATE OF TEXAS § § COUNTY OF BRAZOS § AGREEMENT BETWEEN BRAZOS COUNTY, TEXAS AND THE BRYAN/COLLEGE STATION CHAMBER OF COMMERCE, INC. THIS AGREEMENT ("Agreement") is made and entered into the I fday of 2018, by and between BRAZOS COUNTY, TEXAS, a body corp rate and politic under the laws of the State of Texas, (hereinafter referred to as "County"), and the BRYAN/COLLEGE STATION CHAMBER OF COMMERCE, INC., a Texas non-profit corporation (hereinafter referred to as "Chamber"). RECITALS: WHEREAS, the Commissioners Court of Brazos County desires to stimulate, encourage, and develop business location and commercial activity within the County; and, WHEREAS the County wishes to contract with Chamber as its agent pursuant to TEX. Loc. GOVT CODE ANN. §381.004 to stimulate, encourage, and develop business location and commercial activity in Brazos County; and, WHEREAS, the County desires to diversify its economy, increase and broaden its tax base, provide more and better employment opportunities for its citizens and promote the general public welfare; and, WHEREAS, it is important to the County to attract and expand retail business, in order to accomplish this purpose; and, WHEREAS, Chamber is an agency with specific expertise in the field of economic development and the attraction and expansion of retail business; and, WHEREAS, the County has determined that this Agreement is for the personal or professional services and therefore exempt from competitive bidding under Chapter 262, Local Government Code. THEREFORE, in consideration of the mutual understandings and agreements set forth, the County and Chamber agree as follows: B/CS Chamber Agreement Vol,;2 8 pg Page 1 1+� ARTICLE 1 Qualifications of the Chamber 1.1 The Chamber represents that it is a non-profit entity that is authorized and experienced in the administration and furtherance of programs that stimulate, encourage, and develop business location and commercial activity in Brazos County. ARTICLE 2 Term 2.1 The term of this Agreement is for one (1) year, being effective as of October 1, 2018, and ending on September 30, 2019, (the "Present Term"), unless earlier terminated as provided herein. 2.2 Either party may terminate this Agreement on thirty (30) days prior written notice to the others. 2.3 Upon receipt of any termination, the County agrees to continue funding a program project that had been previously approved by the County. ARTICLE 3 Administration Services 3.1 Chamber agrees to provide all administrative services necessary to administer the program standards set forth herein. 3.2 Pursuant to the authority granted in Chapter 381 of the Texas Local Government Code, administrative services are to be provided by Chamber and include but are not limited to: a. Developing program projects by corresponding with and negotiating with existing Business/Employers that will develop, diversify and/or expand the Brazos County economy, develop or expand transportation or commerce in the State, and/or serve the purpose of eliminating unemployment in Brazos County. One specific project shall include the design and performance of a Brazos County specific survey using criteria submitted by County; b. Establishing project performance standards for each program project that are consistent with the County's goals for economic development; C. Creating an exclusive title sponsorship of the annual Chamber Day event normally held in the Spring each year. The event would be promoted as Bryan/College Station Chamber Day, sponsored by Brazos County. Brazos --_-__..-----County will provide an unlimited number of participants on the day of the event. Pre -publicity of the event in the media shall recognize Brazos Countv as the B/CS ChamberAgreemen [ Voc Page 2 sponsor of the event. A representative of Brazos County shall be provided an opportunity to make remarks at the event kick-off in the morning and at noon. If desired, Brazos County shall provide members on the event committee. d. Perform a survey of business owners and managers to determine the state of the Brazos County economy. Survey results shall be presented to Brazos County during a scheduled Commissioners Court meeting. e. Brazos County shall appoint a member of the Commissioners Court to attend and participate in briefings and presentations of various topics effecting the state of the Brazos County economy. f. Brazos County shall be invited to send one representative, at no charge, on the Chambers annual legislative trip to Washington, D.C. to promote the issues impacting our community including economic development issues. g. Brazos County shall be invited to send one representative, at no charge, to the Chamber's bi-annual legislative trip to Austin, Texas to promote the issues impacting our community including economic development issues. h. Provide the County a booth, at annual Job Fair. Provide the Brazos County Commissioners Court with a table at the annual Economic Outlook Conference. 3.3 The Chamber shall receive the sum of Ten Thousand and No/100 Dollars ($10,000.00) as compensation for the administrative services to be provided hereunder (herein the "Administration Funds"). Five Thousand Dollars ($5,000.00) shall be payable to Chamber upon the execution of this Agreement and the remaining Five Thousand Dollars ($5,000.00) shall be payable on or before September 30, 2019. 3.4 The County shall make Assembly Room 2 at the Brazos Center available to the Chamber at no cost on March 28, 2019 from 8:00 am to 4:00 pm. 3.5 The County shall make Brazos County facilities available to the Chamber, at published price, for Chamber sponsored events. ARTICLE 4 Accounting 4.1 The Chamber shall provide, no later than February 1, 2019, an audited financial accounting or an internal audit financial report of the Chamber. B/CS Chamber Agreement Va. �o P9 _ Page 3 ARTICLE 5 Miscellaneous Terms 5.1 Notice. Notices or correspondence under this Agreement to either party from the other may be personally delivered or sent by First Class Mail, or other reliable courier. Notice to the County shall be sent to: Duane Peters, County Judge Brazos County Courthouse 200 So. Texas Ave., Suite 332 Bryan, Texas 77803 Notice to the Chamber shall be sent to: Glen Brewer, President and CEO Bryan/College Station Chamber of Commerce 4001 East 29th. Street, Suite 175 P.O. Box 3579 Bryan, Texas 77805 5.2 Severability. No partial invalidity of this Agreement shall affect the remainder unless the public purpose to be served hereby is so greatly diminished thereby as to frustrate the object of this Agreement. 5.3 Amendment. During the term of this Agreement, if certain areas need further clarification or revision, the parties will work in good faith to arrive at written memorandums or understandings regarding those areas. Any amendment of this Agreement must be in writing, and executed by a duly authorized representative of each party. 5.4 Assignment. This Agreement cannot be assigned or performed by subcontractors except with the written consent of both parties. 5.5 Not Joint Venture: Independent Contractor. The parties agree that this is not a joint venture, partnership or employee -employer relationship and that neither party shall have the authority to bind or incur liability to the other without the other's prior written permission. Furthermore, the Chamber shall be considered an independent contractor agent for the sole and limited purpose only of administering this agreement. 5.6 Applicability of Texas Law. The laws of the State of Texas shall govern this Agreement, except where clearly superseded by federal law. B/CS Chamber Agreement vol. Q. pg, - / L_ Page 4 5.7 Venue. The place of performance of this Agreement is Brazos County, Texas, and all consideration payable hereunder and things to be done pursuant hereto shall be deemed to be payable and performable in Brazos County, Texas. Venue of any dispute arising out of this Agreement or performance hereunder shall be fixed for all purposes in Brazos County, Texas. 5.8 Entire Agreement and Binding Authority. This Agreement supersedes and constitutes a merger of all prior oral and/or written agreements and understandings of the parties on the subject matter of this Agreement and is binding on the parties and their successors, agents and assigns. 5.9 Waiver. No waiver by either party of any provision of this Agreement shall be effective unless in writing, and such waiver shall not be construed as or implied to be a subsequent waiver of that provision or any other provision. The signatories hereto have the authority and have been given any approvals necessary to bind by this Agreement the respective parties for which they sign. BRAZOS COUNTY, TEXAS B y: Duane P ers, County Judge Attest: By: Karen McQueen, County Clerk 8/CS Chamber Agreement BRYAN/COLLEGE STATION CHAMBER OF COMMERCE, INC., a Texas non- profit corporation By: 364 Glen Brewer, President $ CEO Vol. (�2d Pg. Page 5 House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/2412001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https:/twww.sam.gov. The undersigned affirms the nort-debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harts on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: �r CO/!EV= J �17c��t� a C �2 �— P/C-01PfAAW Authorized Company Representative: 671%eAl 3Rel t9e.2 Address: 4'OD/ ��O- -:? 9"-A Contract n: / 9-0 YS' 13 AGREEMENT THIS AGREEMENT ("Agreement") made this _ day of 5 f th %x,� , 2018 by and -between the DISPUTE-RESOLUTION-CENTER-CENTRAL-BRAZ S -VALLEY, INC. hereafter referred to as "DRC" and the BRAZOS COUNTY COMMISSIONERS COURT, hereafter referred to as the "Commissioners Court," is made on the following terms and conditions: 1. This Agreement is for one (1) year and shall begin on the first day of October, 2018 and continue through the last day of September, 2019. 2. For and in consideration of the sum of $25,000 to be paid in one single payment of $25,000, the DRC agrees to perform the following services: The DRC agrees to provide a maximum of four (4) separate mediation sessions to the Commissioners Court or designated department or offices of Brazos County during the term of this Agreement. A mediation session is defined as a session of not more than three (3) hours supervised by a trained mediator. In addition the DRC agrees to train (1) Brazos County employee in each regular or family law mediation training offered by the DRC, without cost to Brazos County or the employee. For each mediation session scheduled under the terms of this Agreement, the DRC will provide a location to hold the mediation, preferably in its offices located at 1737 Briarcrest Drive, Suite 11, Bryan, TX, or at such other convenient location which might be available. For any such mediation session held away from the DRC offices, the DRC shall be reimbursed for any such costs or rental fees incurred in holding the mediation. The DRC may at its discretion, provide additional sessions without charge to Brazos County on a limited basis. Except as otherwise stated, any additional sessions that may be required, will be compensated for by the Commissioners Court at the regular rate for scheduled mediations as adopted by the DRC. 3. The purpose of this Agreement is to make the services of the DRC available to the Commissioners Court and to the employees of Brazos County in such instances where the services may be of benefit to Brazos County, Texas, or its employees. This agreement also serves to support public access to the DRC. 4. DRC agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. DRC agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. DRC agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. DRC agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the DRC under prior Agreements. vol,��=P9__L_ Annual financial statements (audited if available) are due to County within six (6) months of completion. 6. This Agreement is executed in and performed in Brazos County, Texas. This Agreement is subject to the Public Information Act, TEX. GOVT CODE ANN., Chapter 552. 8. In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. 9. This Agreement contains the entire agreement between the parties. There are no representations, agreements, arrangements or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. 10. This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. BRAZOS COUNTY M Duane P'e rs Brazos County Judge DISPUTE RESOLUTION CENTER - CENTRAL BRAZOS VALLEY i By: sSi`Horn Chairman of the Board l V6L Pg.- .: House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing -- Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective --9/24/2001- and -any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes, and. 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name:)t5'Y_'2/S,,I:taih �tYdtV,- QKVvkt �lGlu'� V�'Peu Authorized Company Representative: i\i�Se ; \�v-ia cr r l v ` Address: 113 17✓ ,: v i r ,a 7S �L. it \ t Contract FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND DISTRICT TWO VOLUNTEER FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of District Two ("Agreement') is hereby effective October 1, 2018, by and between the DISTRICT TWO VOLUNTEER FIRE DEPARTMENT, INC., BRAZOS COUNTY, TEXAS ("Department') and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County, and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: AGREEMENT SCOPE 1. Department shall provide fire protection services to any person who requests it within the confines of Precinct 2, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 3 and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the __..boundaries -of -the Precincts -should -arise. Oisoic1 2 Volumecr fire Ag,cewenl Fva. �o Pp Nave I of 4 2. All requests for services under this Agreement shall be made through the 9-1- 1 Emergency Communications District, which dispatches fire protection units for the County. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS County shall pay Department the sum of $29,000.00 upon execution of this Agreement ("Funds"). 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION NOTICES This Agreement term shall be from October 1, 2018, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2019. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: District Two Volunteer Fire Department, Inc, Brazos County Texas P.O. Box 32 Kurten, TX 77862 County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 UiVriel 2 I-'olunleer Fire A,L'+'ecmenl Page 2 oJJ4 Vol, d Pg. % DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a_ ------breach-will-not-constitute-consent-toor waiver of or excuse of any other, different or subsequent breach. Disfriel 2 Volunteer Fire ,Igreemen! -- Vol. �0 Pg. % Page 3 ofd 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Department agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Department. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Department annual financial report, but which are of concern to or under the suggestion of the auditor. Annual financial statements (audited if available) are due to County within six (6) months of completion. District Two Volunteer Fire Department, Inc, Brazos County, Texas Brazos County, Texas 4noeny Rte�r�son, President /uaneePerrs,, County Judge Date: C// v r l� Date: 1 I b 0 ATTE T: Karen McQueen, C unty Clerk Uistriel 2 Polunteer /-j,,,,.Igreen n ___.____�._ Pugs 4 of d 1 va. -0_ P9 House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing – Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https:/Avww.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently, and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: c- 4L,,Ao NlltUnleee/ File aA,–,4-.a4 14,- YJ�47tl�LU. ! h Authorized Company Representative: Aririrpcc- ID -----Contract #:— / / 0-57-3-b—--- Lo, _?,Ly �f•9• � I — FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND EASTER SEALS GREATER HOUSTON THIS FUNDING AGREEMENT ("Agreement") effective October 1, 2018 is entered into by. and between Brazos County, Texas, acting by and through its duly elected County Commissioners (hereinafter "County"), and the Easter Seals Greater Houston (hereinafter "Service Provider"), located at 3211 S. Texas Avenue, Suite A, Bryan, Texas 77802. RECITALS WHEREAS, the medical care of the County's eligible indigent population has become a growing problem; and WHEREAS, pursuant to Chapter 61 of the Texas Health and Safety Code, the County is the payor of last resort for the provision of basic health care services to eligible indigent county residents; and WHEREAS, the County is required by Chapter 61 of the Health and Safety Code to provide, as a payor of last resort, certain basic health care assistance to its eligible count residents and desires to do so through the Service Provider, NOW THEREFORE the parties agree to the following terms and conditions to provide such eligible indigent health care. AGREEMENT Term The Agreement shall continue in force and effect for a term of twelve (12) months commencing on the 1st day of October, 2018 and terminating 30th day of September, 2019. Cancellation This Agreement may be canceled by any of the parties hereto upon sixty (60) days written notice as provided herein. Services to be Performed by Service Provider Service Provider shall provide the following services through trained, staff to qualified county residents pursuant to the guidelines currently implemented for making such determination: rehabilitation services, physical therapy, occupational therapy, speech-language therapy, autism diagnosis and social services to the indigent Easter Seals Grealer llouslon pg. Page 1 of 15 iso population of Brazos County who have been diagnosed with disabilities, developmental delays or those who are at risk of developing a delay (collectively "Services"). Use of County Funds Funds to be furnished to Service Provider as stated below shall be used provide Services to eligible indigent applicants ages 0 to 3. County's Payment The County agrees to provide the Service Provider a maximum sum of $35,000.00 ("Funds') for the term of this Agreement. Responsibilities of Service Provider Service Provider will be responsible for providing the following Services pursuant to this Agreement: 1. Completing all necessary application forms to potentially eligible indigent individuals. 2. Obtaining and compiling information on each applicant for Service Provider's Services with regard to residency and financial qualifications. 3. Maintaining this Agreement. 4. Provision of the Service Provider's Services as defined herein. 5. Maintaining data files on clients/patients and the Services provided thereto. 6. Responding to all and any inquiries by the County regarding the Service Provider and its Services. 7. Assisting the County with information needed for audit purposes. 8. Providing the County with quarterly financial statements. 9. Providing the County with any and all certified audits of Service Provider and the management letter prepared in connection therewith. 10. Providing financial statements evidencing how County funds are spent. Such statements to be submitted to County one (1) week prior to the funding dates set forth herein above. 11. Providing the County with statistics evidencing the number of Brazos County Easter Seals Greater Houston Vol:. P9• Page 2 of I5 residents using the Service Provider's Services and the percentage Brazos County residents comprise of the total population using Service Provider's services. Record Retention The Service Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The Service Provider agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy, and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the Service Provider with funding. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. Accounting and Audit The Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. Discrimination The Service Provider shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Service Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rated of pay or other forms of compensation; and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Easter Seals C>reater Houston Vol. Pg. �� Page 3 ofh Confidentiality The Service Provider shall comply with applicable local, State and Federal statutes, laws and regulations.as well as -administrative, rules__ regarding confidential records or other information obtained by the Service Provider concerning persons served under this Agreement. The records and information shall be protected by the Service Provider from unauthorized disclosure. Health Insurance Portability and Accountability Act. The Service Provider certifies that it is in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Public Law No. 104-191, 45 CFR Parts 160, 162 and 164, the Social Security Act 42 U.S.C. 1320d-2 through 1320d-7, in that such Service Provider may not use or disclose protected health information other than as permitted or required by law and agrees to use appropriate safeguards to prevent use or disclosure of the protected health information. The Service Provider shall maintain for a minimum of six (6) years all protected health information. Indemnity The Service Provider agrees to and shall indemnify and hold harmless and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of any kind, including claims of respondent superior or vicarious liability, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of Agreement arising out of or in connection with any work done by the Service Provider pursuant to this Agreement. Insurance Each party to this agreement is responsible for maintaining its own liability insurance and worker's compensation insurance, and each party will provide proof of same to the other party on request. The Service Provider shall maintain during the term of this Agreement a $1,000,000.00 malpractice insurance policy and a General Liability Policy of $1,000,000.00 naming Brazos County, as an additional insured. Such coverage shall be designated as primary over any coverage Brazos County may have in force. Service Provider shall provide a Certificate of Insurance for both policies which shall provide for a fifteen (15) days advance notice to County of the cancellation of such policy. Independent Contractor In all activities or Services performed hereunder, the Service Provider is an independent contractor, and not an agent or employee of the County. The Service Provider, as an independent contractor, shall be responsible for all medical services Easter Seals Greater Houston Page 4 of 15 provided and medical decisions made pursuant to the terms of this Agreement. The Service Provider shall supply all materials, equipment and labor required for providing of medical services as required herein. The Service Provider shall have ultimate control over the execution of the work under this Agreement. County shall have no control over any decision, recommendation, or action taken by the Service Provider pursuant to this Agreement. The County assumes no liability for actions of the Service Provider under this Agreement, including, but not limited to, the negligent acts and omissions of Service Provider's agents, employees and subcontractors in their performance of the Service Provider's duties as described under this Agreement. The Provider agrees to hold harmless Brazos County against any and all liability, loss, damage, cost or expenses, including attorney's fees, arising from the intentional torts, negligence or breach of Agreement of the Service Provider, with the exception of acts performed in conformance with an explicit, written directive of the County, through its authorized agents. The Service Provider may not subcontract any portion of this Agreement nor delegate any duties hereunder without prior written approval by Brazos County. In emergencies, the Service Provider will request approval in writing within at least (24) twenty-four hours of the use of a subcontractor to fulfill any obligations of this Agreement. Licensing The Service Provider is required to maintain all applicable licensing permits to practice medicine. All permits to or certification necessary to operate the Provider's clinics shall also be maintained. Copies of any applicable licenses are to be filed with Brazos County. Events of Default: The following shall be considered events of default: Failure to maintain license to practice medicine or any restrictions being placed upon such license by the Texas State Board of Medicine making the providing of services hereunder impossible or difficult. b. Failure to maintain all permits and licenses necessary to keep Service Provider's clinics in operation. c. Cancellation of Service Provider's medical malpractice insurance. Upon an event of default, the County may terminate this Agreement on three (3) days written notice mailed by certified mail return receipt requested to the address listed below. Easter Seals Greater Houston Ko Vol. �42 ._. Pg.� t Page 5 of 15 Right of Audit and Monitoring Service Provider agrees that County, or its designated representative, shall have the right to review and to -copy any records and supporting documentation -pertaining to the performance of this Agreement. Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court.. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. Notices All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, registered mail to the other party at the following addresses: Easter Seals Greater Houston C/O CEO 4888 Loop Central Dr., Suite 200 Houston, TX 77081 Further Assurances Brazos County C/O Commissioners Court 200 S. Texas Ave., Suite 310 Bryan, Texas 77803 Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. Easier Seals Greater Houston I Vol Pg. % j Page 6 of 15 I t� Severability In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. Amendments This Agreement may be modified or amended at any time during its term by mutual consent of the parties, expressed in writing, and signed by the parties. Waiver No failure of Brazos County to assert any right or remedy hereunder will act as a waiver of its right to assert such right or remedy at a later time nor constitute a "course of business" upon which Service Provider may rely, for the purpose of denial of such a right or remedy to Brazos County. Prior Notification The Service Provider agrees to notify Brazos County prior to issuing public announcements or press releases concerning work done pursuant to this Agreement, or funded in whole or in part by this Agreement, and to cooperate with Brazos County in joint or coordinated releases of information. Notice of Change The Service Provider shall give thirty (30) days prior written notice to Brazos County, if there is a change in the Service Provider's legal status, federal employer identification number (FEIN) or address. Brazos County reserves the right to take any and all appropriate action. The Service Provider agrees to hold harmless Brazos County for any acts or omissions by the County resulting from the Service Provider's failure to notify of these changes. In the event Service Provider becomes a party to any litigation, investigation or transaction that may reasonably be considered to have a material impact on its ability to perform under this Agreement, the Service Provider will immediately notify Brazos County in writing. Tax Exempt Status As a political subdivision of the State of Texas, Brazos County is tax exempt. Tax exemption certification will be furnished upon request. Sovereion Immunity /� v O a Page 7of15 Easter Seals Greater Houston vol. pg. This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable Federal and State law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. Assignability This Agreement is not assignable by the Service Provider without the prior written consent of the County. Fiscal Funding Clause Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement and any extensions thereto. The Service Provider or any other person or entity directly or indirectly employed by the Service Provider or any other person or entity to whom the Service Provider may be liable to, shall have no right of action against the County in the event the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Agreement by written notice to the Service Provider at the earliest possible time under the circumstances. Entire Agreement This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. Vol. „ � / � Page 8 offs Easter Seals Greater Houston - Pg. In witness whereof, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. SERVICE PROVIDER /a/�Vx Easter Seale reater Houston Date Elise Houglf, CEO BRAZOS COUNTY, TEXAS Dua a Peter Date ' County Ju e ATTEST: Karen McQueen, County Clerk Raster Seals Greater Houston Vol. `�yPg. v . Page 9 0jl5 BRAZOS COUNTY BUSINESS ASSOCIATE AGREEMENT A. Acknowledgment of HIPAA Obligations and Other Regulations Implementing the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 4.1320(d) "HI( PAA"). The parties acknowledge that federal regulations relating to the confidentiality of individually identifiable health information require covered entities to comply with the privacy standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160 and 164, subparts A and E ("the Privacy Rule") and the security standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160, 162 and 164, subpart C ("the Security Rule"). Collectively, the Privacy Rule and the Security Rule are referred to herein as "HIPAA Rules.' The HIPAA Rules, as well as any applicable state confidentiality laws, require Covered Entity to ensure that business associates who receive confidential information in the course of providing services on behalf of Covered Entity comply with certain obligations regarding the confidentiality of health information. "Covered Entity" and "Business Associate" are defined in the HIPAA Rules, and for the purposes of this Agreement, shall refer to Brazos County and Service Provider, respectively. B. Purposes for which Protected Health Information May Be Used or Disclosed. In connection with the services provided by Business Associate on behalf of Covered Entity pursuant to this Agreement, Covered Entity may use and disclose protected health information ("PHP'), as defined in the HIPAA Rules. C. Business Associate Obligations. Business Associate agrees to comply with applicable federal and state confidentiality and security laws, including, but not limited to the Privacy Rule and Security Rule, including without limitation: Use of Protected Health Information ("PHI"). Business Associate shall not use PHI except as necessary to fulfill the purposes of this Agreement. Business Associate is permitted to use and disclose PHI as necessary for the proper management and administration of Business Associate or to carry out its legal responsibilities and its responsibilities under this Agreement. However, Business Associate shall in such case: (a) provide training to members of its workforce regarding the confidentiality requirements in the HIPAA Rules and this Agreement; (b) obtain reasonable assurances from the person to whom the information is disclosed that it will be held confidential and further used and disclosed only as required by law or for the purpose for which it was disclosed to the person or entity; Easter Seals Greater Houston va• C576 Pg. �/- Page 10 of15 (c) agree to notify the Covered Entity of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the HIPAA Rules; and (d) ensure that all disclosures of P14I are subject to the principle of "minimum necessary use and disclosure," i.e., only PHI that is the minimum necessary to accomplish the intended purpose of the use, disclosure, or request may be disclosed. 2. Disclosure to Third Parties. If Business Associate discloses PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, to agents, including a subcontractor, Business Associate shall require the agent to agree to the same restrictions and conditions that apply to Business Associate under this Agreement. Business Associate shall ensure that any agent, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect the confidentiality, integrity, and availability of the electronic PHI that it creates, receives, maintains, or transmits on behalf of the Covered Entity. Business Associate shall be fully liable to Covered Entity for any acts, failures or omissions of the Agent in providing the services as if they were Business Associate's own acts, failures or omissions, to the extent permitted by law. Business Associate further expressly warrants that its Agents will be specifically advised of, and will comply in all respects with, the terms of this Agreement. 3. Data Aggregation. In the event that Business Associate works for more than one Covered Entity, Business Associate is permitted to use and disclose PHI, but only in order to analyze data for permitted health care operations, and only to the extent that such use is permitted under the HIPAA Rules or the issuing court's orders. 4. De -identified Information. Use and disclosure of de -identified health information is permitted, but only if (i) the precise use is disclosed to Covered Entity and permitted by Covered Entity in its sole discretion and (ii) the de -identification is in compliance with 45 CFR §164.502(d), and any such de -identified health information meets the standard and implementation specifications for de -identification under 45 CFR §164.514(a) and (b). 5. Notice of Privacy Practices. Business Associate shall abide by the limitations of any Notice of Privacy Practices ("Notice") published by the Covered Entity of which it has knowledge. Covered Entity shall provide to Business Associate such Notice when it is adopted, Any use or disclosure permitted by this Agreement may be amended by such Notice. However, the amended Notice shall not affect permitted uses and disclosures on which Business Associate relied prior to such notice. Paper Seals Crea[er Houston y� t'__`%�' pg. � Page 11 af15 6. Withdrawal of Consent or Authorization. In the absence of applicable found to be defective in any manner that renders it invalid, Business Associate shall if it has notice of such revocation expiration or invalidity, to cease the use and disclosure of any such individual's PHI except to the extent it has relied on such use or disclosure or where an exception under the Privacy Rule expressly applies. 7. Use or Disclosure That Would Violate HIPAA. Business Associate is prohibited from further use or disclosure of PHI in a manner that would violate the requirements of the HIPAA Rules if the PHI were used or disclosed by the Covered Entity. S. Safeguards. Business Associate shall maintain appropriate safeguards to ensure that PHI is not used or disclosed other than as provided by this Agreement or as Required by Law. Business Associate shall implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any electronic PHI it creates, receives, maintains, or transmits on behalf of Covered Entity. 9. Records Management. Upon termination of this Agreement, Business Associate agrees to return or destroy all PHI received from Covered Entity that Business Associate maintains in any form and shall comply with federal and state laws as they may be amended from time to time governing the maintenance or retention of PHI. If the return or destruction of PHI is not feasible, Business Associate agrees to extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. 10. Individual Rights Regarding Designated Record Sets. If Business Associate maintains a designated record set (as defined in the HIPAA Rules) on behalf of Covered Entity, Business Associate agrees as follows: (a) Correction of PHI. Business Associate agrees that it will amend PHI maintained by Business Associate as requested by Covered Entity. (b) Individual Right to Copy or Inspection. Business Associate agrees that, if it maintains PHI in a designated record set for the Covered Entity, it will permit an individual to inspect or copy PHI about the individual in that set under conditions and limitations required under Vol. 7 FasterSeals Greater Houston P9• � Page 12 of 15 45 CFR §164.524. The Covered Entity is required to take action on such requests as soon as possible but not later than 30 days following receipt of the request. Business Associate agrees to make reasonable efforts to assist Covered Entity in meeting this deadline, -to the extent the .requested information is maintained by Business Associate and not the Covered Entity. The information shall be provided in the form or format requested, if it is readily producible in such form or format; or in summary, if the individual has agreed in advance to accept the information in summary form. A reasonable, cost -based fee for copying health information may be charged. (c) Individual Right to Amendment. Business Associate agrees, if it maintains PHI in a designated record set, to make amendments to PHI at the request and direction of Covered Entity pursuant to 45 CFR §164.526. If Business Associate maintains a record in a designated record set that is not also maintained by Covered Entity, Business Associate agrees that it will accommodate an individual's right to have access to and amend PHI about the individual in a designated record set in accordance with the Privacy Rule set forth at 45 CFR §164.526, unless the regulation provides for a denial or exception that applies. 11. Accounting of Disclosures. Business Associate agrees to make available to the individual and/or the Covered Entity from whom the PHI originated, information required for an accounting of disclosures of PHI with respect to the individual, in accordance with 45 CFR §164.528, and incorporating exceptions to such accounting designated under the regulation. Such accounting is limited to disclosures that were made in the six (6) years prior to the request (not including any disclosures prior to the compliance date of the Privacy Rule). (a) Covered Entity is required to take action on such requests as soon as possible but not later than 60 days following receipt of the request. Business Associate agrees to use its best efforts to assist Covered Entity in meeting this deadline. (b) Such accounting must be provided without cost to the individual or Covered Entity if it is the first accounting requested by an individual within any 12 month period; however, a reasonable, cost -based fee may be charged for subsequent accountings if Business Associate informs the individual in advance of the fee and is afforded an opportunity to withdraw or modify the request. (c) Such accounting shall be provided as long as Business Associate maintains the PHI. Vol. �C�� Easter Seals Greater Houston P9• Page 13 of 15 D. Internal Practices Books and Records. Business Associate shall make available its internal practices, books, and records relating to the use and disclosure of PHI received from, created, or received by Business Associate on behalf of the Covered Entity to the U.S. Department of Heath and Human Services or its agents for the purpose of determining _the Covered Entity's compliance with the HIPAA Rules, or any other health oversight agency, or to the Covered Entity. E. Indemnification. To the extent permitted by law, Business Associate agrees to indemnify and hold harmless Covered Entity from and against all claims, demands, liabilities, judgments or causes of action of any nature for any relief, elements of recovery or damages recognized by law (including, without limitation, attorney's fees, defense costs, and equitable relief), for any damage or loss incurred by Covered Entity arising out of, resulting from, or attributable to any acts or omissions or other conduct of Business Associate or its agents in connection with the performance of Business Associate's or its agents' duties under this Agreement. This indemnity shall apply even if Covered Entity is alleged to be solely or jointly negligent or otherwise solely or jointly at fault; provided, however, that a trier of fact finds Covered Entity not to be solely or jointly negligent or otherwise solely or jointly at fault. This indemnity shall not be construed to limit Covered Entity's rights, if any, to common law indemnity. Covered Entity shall have the option, at its sole discretion, to employ attorneys selected by it to defend any such action, the costs and expenses of which shall be the responsibility of Business Associate. Covered Entity shall provide Business Associate with timely notice of the existence of such proceedings and such information, documents and other cooperation as reasonably necessary to assist Business Associate in establishing a defense to such action. These indemnities shall survive termination of this agreement and Covered Entity reserves the right, at its option and expense, to participate in the defense of any suit or proceeding through counsel of its own choosing. F. G. Rights of Proprietary Information. The Covered Entity retains any and all rights to the proprietary information, confidential information, and PHI it releases to Business Associate. H. Termination for Breach. Without limiting the termination provisions herein, if Business Associate breaches any provision in this Section entitled "Use and Disclosure of PHI", Covered Entity may, at its option, access and audit the records of Business Associate related to its use and disclosure of PHI, require Business Associate to submit to monitoring and reporting, and such other conditions as Covered Entity may determine is necessary to ensure compliance E d Easier Seals Greaser Houston Pg• � Page 14 oj15 with this Article; or Covered Entity may terminate this Agreement on a date specified by Covered Entity, Reference. Any reference in this Section entitled "Use and Disclosure of PHI" means the section of the Privacy Rule or the Security Rule as applicable, as in effect or as amended. Amendment Business Associate and Covered Entity agree to take such action as is necessary to amend this Section entitled "Use and Disclosure of PHP' from K. Precedent and Ambiguity. If any term of this Section entitled "Use and Disclosure of PHP' conflicts with another term of this Agreement, the term contained in this Section shall be controlling. Any ambiguity in this Section entitled "Use and Disclosure of PHI" shall be resolved to permit Covered Entity to comply with the HIPAA Rules. L. Survival of Key Provisions. The provisions of this Section entitled "Use and Disclosure of PHI" shall survive the termination of this Agreement. Accepted: Business Asso late Easter Seals Greater Houston Vol, S6 pg. 1 I Page 15 of 15 House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing - Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective " 9/24/2001 -and "" any subsequent changes _. made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https:/Miww.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specialty Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. company Name: (000F'2#� 3FALS W- C. r�E7i fL�- ( 1,020 Authorized Company Representative: r1s 3E L-Fo U& ti Address: Gawboft- (1Q ,S(7 0-,-000 Contract #:AA&W-tw— til Gy iyML4;,4 S"' dog,/7- Pg.: og/"r Pg. CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll complete NOS, 1-4 and 6 if there are interested parries. Complete Nos. 1, 2, 3, 5, and 6 If there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business, 2018-390881 Easter Seals of Greater Houston, Inc. Houston, TX United States Date Filed: 08/12/2018 2 Name of governmental entity or state agency that Is a party to the contract for which the form is being filed. Brazos County Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or idendfy the contract, and provide a description of the services, goods, or other property to be provided under the contract. Unknown Infant DevelopmenUECI Outreach Nature of Interest 4 Name of interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Parry. ❑ X 6 UNSWORN DECLARATION 1' - G / My name is QC 45 L�"O W and my dale of birth Is � � 1C�A.W ��Kr�-y� d�� r�wt,...�, �A,�, Myaddressis �5� CW'^r'�- �Q J/k� llo vim ,&. (street) (city) (state) (zip coda) (country) I declare under penalty of perjury that the foregoing is true and correct. /t Executed in _-�•,1 County, State of, on the llc�day of (month) (year) I Signatur of authorized agent of contracting business entity (Dedemnt) Forms provided by Texas Ethics Commission www.ethics.s versrun vl.u.orii FVol. r2 7 THE STATE OF TEXAS § COUNTY OF BRAZOS AGREEMENT BETWEEN BRAZOS COUNTY, TEXAS AND EXPERIENCE BRYAN COLLEGE STATION Au4t&s;F THIS AGREEMENT ("Agreement") is made and entered into on this 1 01*1"day of 2018, by and between BRAZOS COUNTY, TEXAS, a body corporate and politic under the laws of the State of Texas, (hereinafter referred to as "County"), and the EXPERIENCE BRYAN COLLEGE STATION, a Texas non-profit corporation (hereinafter referred to as "Experience"). RECITALS WHEREAS, this Agreement is premised on the following: 1. The tourist trade is a significant part of the economies of the respective municipalities of Bryan and College Station and the County of Brazos, Texas for which the continued growth of such trade is necessary for the economic well-being of the entire community. 2. The Bryan/College Station Convention and Visitors Bureau was created for the purpose of promoting tourism and has all necessary authority to enter into this Agreement. 3. Experience is a qualified tourism entity, as defined in TEX. TAX CODE ANN. §351.101(c). 4. Experience is authorized under the authority of TEX. TAX CODE ANN. §352.1015 for the purpose authorized in of providing staff, visitor center facilities, support services and assistance In §352.1015, including day-to-day operations and the development and Implementation of programs to promote and develop the tourism zone to visitors pursuant to Chapter 352 of the Texas Tax Code. THEREFORE, it is agreed by the parties as follows: A. Experience is appointed the agent of the County and the County's advisory committee to promote and develop tourism in Brazos County. B. Pursuant to TEX. TAX CODE ANN. §352.1015 (b) and (c), Experience shall maintain and complete and accurately provide a budget record of all programs and activities funded with hotel occupancy tax collected and funded to Experience by the County, including, but not necessarily limited to; materials, and media reasonably necessary and proper to successfully promote, develop and attract the tourist trade to the locality, sales and marketing staff, promotional and advertising material, internet and services, adequate accounting services, administrative services, facilities, supplies and equipment for the same. C. The Commission shall provide funding to Experience on an annual basis, pursuant to TEX. TAX CODE ANN. §352.1015 (b) and Experience acknowledges that the functions delegated to Experience creates a fiduciary duty in Experience with respect to the revenue funded by the County pursuant'to Chapter 352 of the Texas Tax Code and this Agreement. Funding for FY 2018- 2019 is $25,000.00. This Agreement shall be funded quarterly by four (4) separate Invoices divided into equal payments provided by Experience. Invoices are due no later than December 31, 2018, March 31, 2019, June 30, 2019 and September 30, 2019. D. Experience shall maintain -all -revenues fundedbythe County in a separate account -established -- pursuant to TEX. TAX CODE ANN. §352.1015 (a) and shall not comingle such revenue with any other money. E. Experience shall submit reports to the Brazos County Commissioners Court quarterly, listing the expenditures made in furtherance of Experiences duty to promote tourism in Brazos County. Experience further agrees to actively support, publicize, promote and market the Brazos County Exposition Complex in all of its appropriate collateral, activities, programs, committees, meetings, trade shows, videos and on its website. F. For purpose of evaluation, inspection, auditing or reproduction, Experience agrees to maintain and make available to authorized representatives of the Brazos County Auditor any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement and shall further keep a record of all services provided to the County under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by the County. Experience will maintain the records (as referenced above) for three (3) years after the termination of this Agreement. G. Experience shall assist the County in preparing annual reports required by TEX. TAX CODE ANN. §352.1034. This report by Experience should include where the money received from the County was spent and indicate the tourism, hotel and convention activity attributable to events held at facilities that receive money from the tax revenues provided pursuant to Chapter 352 of the Texas Tax Code. H. Except to the extent that a party to this Agreement seeks emergency judicial relief, and without waiving governmental or sovereign immunity from suit, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shalt be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. I. All notices required under this Agreement shall be in writing. They shall be sent by fax or by registered US mall, return receipt requested, to the party at the addresses listed below. A party must provide notice of a change of address during the term of this Agreement. Unless specified otherwise, notices required in this Agreement shall be deemed to have been received when actually received. J. If any court finds any provision of this Agreement to be invalid or unenforceable, this finding shall not affect the validity or enforceability of any other provision of the Agreement. Vol. "ZLI) Pg. J K. No express or implied waiver by any party of any right of that party under this Agreement in any specific circumstance shall be considered to waive that right of that party in any other circumstance. L. The term of this Agreement shall be for an initial twelve month period, effective October 1, 2018 through September 30, 2019. M. This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any Immunities from suit or from liability that the Brazos County has by operation of law. Nothing In this Agreement is intended to benefit any third party beneficiary. N. This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. O. Experience may not assignor subcontract any of its rights, duties and/or obligations arising out of this Agreement without the prior written consent of Brazos County. P. In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be Invalid, illegal, or unenforceable In any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as If such invalid, illegal, or unenforceable provision had never been contained therein. Q. This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral agreement between the parties respecting the within subject matter. R. This Agreement is effective for all purposes as of October 1, 2018. EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL LFFORCE DAND nEFFECT OF AN ORIGINAL. IN WITNESS, We hereunto affix our signature this l0% day of v� nt r t �Gi 2018. BR S C TY Dua a Peter , County Judge EXPERIENCE BRYAN COLLEGE STATION Name: Title: fC±I leU ', P9. i House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing – Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System(EPLS, https:lAvww.sam:gov) which is inclusive of the United -States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https:/Iwww.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Govemment Code: Company Authorizec 1. 'Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company' means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit Address: ro 1 ...ai n 1 t I I •I Contract #:—I 'J- 4 5 0 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND HEALTH FOR ALL, INC. THIS FUNDING AGREEMENT ("Agreement") effective October 1, 2018 is entered into by and between Brazos County, Texas, acting by and through its duly elected County Commissioners (hereinafter "County"), and the Health for All, Inc. (hereinafter "Service Provider"), located at P.O. Box 5913, Bryan, Texas 77,305, RECITALS WHEREAS, the medical care of the County's eligible indigent population has become a growing problem; and WHEREAS, pursuant to Chapter 61 of the Texas Health and Safety Code, the County is the payor of last resort for the provision of basic health care services to eligible indigent county residents; and WHEREAS, the County is required by Chapter 61 of the Health and Safety Code to provide, as a payor of last resort, certain basic health care assistance to its eligible count residents and desires to do so through the Service Provider, NOW THEREFORE the parties agree to the following terms and conditions to provide such eligible indigent health care. AGREEMENT 1. Term The Agreement shall continue in force and effect for a term of twelve (12) months commencing on the 1st day of October, 2018 and terminating 30th day of September, 2019. 2. Cancellation This Agreement may be canceled by any of the parties hereto upon sixty (60) days written notice as provided herein. 3. Services to be Performed by Service Provider Service Provider shall provide the following services through trained, staff to qualified county residents pursuant to the guidelines currently implemented for making - —such -determination: physicakexams;-educational-information,-information-on-sources-of----- --- prescription medication and/or access to "sample" or subsidized medications, coordination of physician care during hospitalization (collectively "Services"). Health For All Agreement Page I o/'15 Vol. �� d Pg. ` 4. Use of County Funds Funds to be furnished to Service Provider as stated below shall be used provide support for the increase in providers, operations, and access to healthcare. The primary goal of the project is to expand the capacity at the free clinic thereby improving access to chronic disease management and preventive services for the indigent population in the region. The County and Service Provider acknowledge that the County's purpose in providing funds hereunder is to provide medical assistance to eligible indigent applicants and help expand access to primary care clinic space, hours, and clinic staffing and that trained personnel of Service Provider is designed to accomplish these goals. Funds will not be used to purchase or build a clinic or office nor will they be used to purchase land. 5. CountV's PaVment The County agrees to provide the Service Provider a maximum sum of $25,000.00 ("Funds") for the term of this Agreement. The Funds shall be paid in equal installments quarterly. 6. Responsibilities of Service Provider Service Provider will be responsible for providing the following Services pursuant to this Agreement: 6.1 Completing all necessary application forms to potentially eligible indigent individuals. 6.2 Obtaining and compiling information on each applicant for Service Provider's Services with regard to residency and financial qualifications. 6.3 Maintaining this Agreement. 6.4 Provision of the Service Provider's Services as defined herein. 6.5 Maintaining data files on clients/patients and the Services provided thereto. 6.6 Responding to all and any inquiries by the County regarding the Service Provider and its Services. 6.7 Assisting the County with information needed for audit purposes. 6.8 Providing the County with quarterly financial statements. 6.9 Providing the County with any and all certified audits of Service Provider and the management letter prepared in connection therewith. Health For All Agreemem Page 2 of 15 Vol. 8d P9• zlel 6.10 Providing financial statements evidencing how County funds are spent. Such statements to be submitted to County one (1) week prior to the funding dates set forth herein above. 6.11 Providing the County with statistics evidencing the number of Brazos County residents using the Service Provider's Services and the percentage Brazos County residents comprise of the total population using Service Provider's services. 7. Record Retention The Service Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The Service Provider agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy, and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the Service Provider with funding. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. B. Accounting and Audit The Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. 9. Discrimination The Service Provider shall not discriminate against any employee or applicant for ----- -employment-because-of-race,—color,,- religion,-sex;-or--national-origin.--The Service----- --- Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national Health For All Agreement Page 3 of 15 n. Si. ch action shall include, but not be limited to, the following: employment, d^motion, or transfer; recruitment or recruitment advertising; layoff or r,in'tinn; rated ct pay or other forms of compensation; and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 10. Confidentialitv The Service Provider shall comply with applicable local, State and Federal statutes, laws and regulations as well as administrative rules regarding confidential records or other information obtained by the Service Provider concerning persons served under this Agreement. The records and information shall be protected by the Service Provider from unauthorized disclosure. 11. Health Insurance Portability and Accountability Act. The Service Provider certifies that it is in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Public Law No. 104-191, 45 CFR Parts 160, 162 and 164, the Social Security Act 42 U.S.C. 1320d-2 through 1320d-7, in that such Service Provider may not use or disclose protected health information other than as permitted or required by law and agrees to use appropriate safeguards to prevent use or disclosure of the protected health information. The Service Provider shall maintain for a minimum of six (6) years all protected health information. 12. Indemnity The Service Provider agrees to and shall indemnify and hold harmless and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of any kind, including claims of respondent superior or vicarious liability, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of Agreement arising out of or in connection with any work done by the Service Provider pursuant to this Agreement. 13. Insurance Each party to this agreement is responsible for maintaining its own liability insurance and worker's compensation insurance, and each party will provide proof of same to the other party on request. The Service Provider shall maintain during the term of this Agreement a $1,000,000.00 malpractice insurance policy and a General Liability Policy of $1,000,000.00 naming Brazos County, as an additional insured. Such coverage shall be designated as primary over any coverage Brazos County may have in force Service Provider shall provide_a C_ertificate_of_Insurance_for_.both_policies_which_______ _ shall provide for a fifteen (15) days advance notice to County of the cancellation of such policy. Health For All Agreement j Val C,� (T _ Pn. � Page 4 ojl5 14. Independent Contractor In all activities or Services performed hereunder, the Service Provider is an independent contractor, and not an agent or employee of the County. The Service Provider, as an independent contractor, shall be responsible for all medical services provided and medical decisions made pursuant to the terms of this Agreement. The Service Provider shall supply all materials, equipment and labor required for providing of medical services as required herein. The Service Provider shall have ultimate control over the execution of the work under this Agreement. County shall have no control over any decision, recommendation, or action taken by the Service Provider pursuant to this Agreement. 14.1 The County assumes no liability for actions of the Service Provider under this Agreement, including, but not limited to, the negligent acts and omissions of Service Provider's agents, employees and subcontractors in their performance of the Service Provider's duties as described under this Agreement. The Provider agrees to hold harmless Brazos County against any and all liability, loss, damage, cost or expenses, including attorney's fees, arising from the intentional torts, negligence or breach of Agreement of the Service Provider, with the exception of acts performed in conformance with an explicit, written directive of the County, through its authorized agents. 14.2 The Service Provider may not subcontract any portion of this Agreement nor delegate any duties hereunder without prior written approval by Brazos County. In emergencies, the Service Provider will request approval in writing within at least (24) twenty-four hours of the use of a subcontractor to fulfill any obligations of this Agreement. 15. Licensing The Service Provider is required to maintain all applicable licensing permits to practice medicine. All permits to or certification necessary to operate the Provider's clinics shall also be maintained. Copies of any applicable licenses are to be filed with Brazos County. 16. Events of Default: The following shall be considered events of default: 16.1 Failure to maintain license to practice medicine or any restrictions being placed upon such license by the Texas State Board of Medicine making the providing of services hereunder impossible or difficult. 16.2 Failure to maintain all permits and licenses necessary to keep Service Provider's clinics in operation. Health For All Agreement Page 5 of 15 Vol. S d Pg. 7 16.3 Cancellation of Service Provider's medical malpractice insurance. Upon an event of default, the County may terminate this Agreement on three (3) days written notice mailed by certified mail return receipt requested to the address listed below. 17. Right of Audit and Monitorinq Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. 18. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 19. Notices All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, registered mail to the other party at the following addresses: Health for All, Inc. Brazos County C/O Executive Director C/O Commissioners Court - - -- -P.O. Box 5913----------- -- — - - - - 200 S. Texas Ave -Suite -3 Bryan, Texas 77805 Bryan, Texas 77803 Health For All Agreement Pae 6 of 15 E.va. � ��� Pg. 20. Further Assurances Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. 21. Severability In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. 22. Amendments This Agreement may be modified or amended at any time during its term by mutual consent of the parties, expressed in writing, and signed by the parties. 23. Waiver No failure of Brazos County to assert any right or remedy hereunder will act as a waiver of its right to assert such right or remedy at a later time nor constitute a "course of business" upon which Service Provider may rely, for the purpose of denial of such a right or remedy to Brazos County. 24. Prior Notification The Service Provider agrees to notify Brazos County prior to issuing public announcements or press releases concerning work done pursuant to this Agreement, or funded in whole or in part by this Agreement, and to cooperate with Brazos County in joint or coordinated releases of information. 25. Notice of Change 25.1 The Service Provider shall give thirty (30) days prior written notice to Brazos County, if there is a change in the Service Provider's legal status, federal employer identification number (FEIN) or address. Brazos County reserves the right to take any and all appropriate action. The Service Provider agrees to hold harmless Brazos County for any acts or omissions by the County resulting from the Service Provider's failure to notify of these changes. 25.2 In the event Service Provider becomes a party to any litigation, investigation or transaction that may reasonably be considered to have a material impact on its ability to perform under this Agreement, the Service Provider will immediately notify Brazos County in writing. Hen6h For All Agreement Vol,, ( 6 pg � y' Pn e 7 of l5 -5. Tax Exempt Status As a political subdivision of the State of Texas, Brazos County is tax exempt. Tax exemption certification will be furnished upon request. 27. Sovereign Immunity This Agreement is expressly made subject to Brazos County's Sovereign immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable Federal and State law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. 28. Assignability This Agreement is not assignable by the Service Provider without the prior written consent of the County. 29. Fiscal Funding Clause Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement and any extensions thereto. The Service Provider or any other person or entity directly or indirectly employed by the Service Provider or any other person or entity to whom the Service Provider may be liable to, shall have no right of action against the County in the event the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Agreement by written notice to the Service Provider at the earliest possible time under the circumstances. 30. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas,_notwithstanding_anythingtothe_contrary._ ____ Health For All Agreem nage 8 oj15 U Va. ----__ Pg 31. Entire Agreement This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. In witness whereof, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. SERVICE PROVIDER i ao ►� All, jnc. Date Executive BRAZOS COUNTY, TEXAS - 44; �I8 IK D ne Pet s Date l County Ju ge ATTEST: Karen McQueen, Coun y Clerk Health For All Agreement v(�: Pg. $ge of 15 BRAZOS COUNTY BUSINESS ASSOCIATE AGREEMENT A. Acknowledgment of HIPAA Obligations and Other Regulations Implementing the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 61320(d) ("HIPAA"). The parties acknowledge that federal regulations relating to the confidentiality of individually identifiable health information require covered entities to comply with the privacy standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160 and 164, subparts A and E ("the Privacy Rule") and the security standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160, 162 and 164, subpart C ("the Security Rule"). Collectively, the Privacy Rule and the Security Rule are referred to herein as "HIPAA Rules." The HIPAA Rules, as well as any applicable state confidentiality laws, require Covered Entity to ensure that business associates who receive confidential information in the course of providing services on behalf of Covered Entity comply with certain obligations regarding the confidentiality of health information. "Covered Entity" and "Business Associate" are defined in the HIPAA Rules, and for the purposes of this Agreement, shall refer to Brazos County and Service Provider, respectively. B. Purposes for which Protected Health Information May Be Used or Disclosed. In connection with the services provided by Business Associate on behalf of Covered Entity pursuant to this Agreement, Covered Entity may use and disclose protected health information ("PHI"), as defined in the HIPAA Rules. C. Business Associate Obligations. Business Associate agrees to comply with applicable federal and state confidentiality and security laws, including, but not limited to the Privacy Rule and Security Rule, including without limitation: 1. Use of Protected Health Information ("PHI"). Business Associate shall not use PHI except as necessary to fulfill the purposes of this Agreement. Business Associate is permitted to use and disclose PHI as necessary for the proper management and administration of Business Associate or to carry out its legal responsibilities and its responsibilities under this Agreement. However, Business Associate shall in such case: (a) provide training to members of its workforce regarding the confidentiality requirements in the HIPAA Rules and this Agreement; (b) obtain reasonable assurances from the person to whom the information is disclosed thattit-will-be-held-confidential-and _.further----_-_--- used and disclosed only as required by law or for the purpose for which it was disclosed to the person or entity; Health For All Agreement IVOI,�p ( pg. Pege Oof15 (c) agree to notify the Covered Entity of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the HIPAA Rules; and (d) ensure that all disclosures of PHI are subject to the principle of "minimum necessary use and disclosure," i.e., only PHI that is the minimum necessary to accomplish the intended purpose of the use, disclosure, or request may be disclosed. 2. Disclosure to Third Parties. If Business Associate discloses PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, to agents, including a subcontractor, Business Associate shall require the agent to agree to the same restrictions and conditions that apply to Business Associate under this Agreement. Business Associate shall ensure that any agent, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect the confidentiality, integrity, and availability of the electronic PHI that it creates, receives, maintains, or transmits on behalf of the Covered Entity. Business Associate shall be fully liable to Covered Entity for any acts, failures or omissions of the Agent in providing the services as if they were Business Associate's own acts, failures or omissions, to the extent permitted by law. Business Associate further expressly warrants that its Agents will be specifically advised of, and will comply in all respects with, the terms of this Agreement. 3. Data Aggregation. In the event that Business Associate works for more than one Covered Entity, Business Associate is permitted to use and disclose PHI, but only in order to analyze data for permitted health care operations, and only to the extent that such use is permitted under the HIPAA Rules or the issuing court's orders. 4. De -identified Information. Use and disclosure of de -identified health information is permitted, but only if (i) the precise use is disclosed to Covered Entity and permitted by Covered Entity in its sole discretion and (ii) the de -identification is in compliance with 45 CFR §164.502(d), and any such de -identified health information meets the sandard and implementation specifications for de -identification under 45 CFR §164.514(a) and (b). 5. Notice of Privacy Practices. Business Associate shall abide by the limitations of any Notice of Privacy Practices ("Notice") published by the Covered Entity of which it has knowledge. Covered Entity shall provide to _Business Associate such Notice when it is -adopted.- Any use or disclosure permitted by this Agreement may be ameded by Ucl Notice. However, the amended Notice shall not affect permitted uses and disclosures on which Business Associate relied prior to such notice. Health For All Agreemen( Vol C �& P L Page l oflS 6. Withdrawal of Consent or Authorization. In the absence of applicable court orders governing the Business Associate's responsibilities if the use or disclosure of PHI in this agreement is based upon an individual's specific consent or authorization for the use of his or her PHI, and the individual revokes such consent or authorization in writing or the effective date of such authorization has expired, or the consent or authorization is found to be defective in any manner that renders it inval;d, Business Associate shall if it has notice of such revocation, expiration or invalidity, to cease the use and disclosure of any such individual's PHI except to the 7. Use or Disclosure That Would Violate HIPAA. Business Associate is prohibited from further use or disclosure of PHI in a manner that would violate the requirements of the HIPAA Rules if the PHI were used or disclosed by the Covered Entity. 8. Safeguards. Business Associate shall maintain appropriate safeguards to ensure that PHI is not used or disclosed other than as provided by this Agreement or as Required by Law. Business Associate shall implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any electronic PHI it creates, receives, maintains, or transmits on behalf of Covered Entity. 9. Records Management. Upon termination of this Agreement, Business Associate agrees to return or destroy all PHI received from Covered Entity that Business Associate maintains in any form and shall comply with federal and state laws as they may be amended from time to time governing the maintenance or retention of PHI. If the return or destruction of PHI is not feasible, Business Associate agrees to extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. 10. Individual Rights Regarding Designated Record Sets. If Business Associate maintains a designated record set (as defined in the HIPAA Rules) on behalf of Covered Entity, Business Associate agrees as follows: (a) Correction of PHI. Business Associate agrees that it wilt amend PHI maintained by Business Associate as requested by Covered Entity. (b) Individual Right to Copy or Inspection. Business Associate agrees —that, if it maintains PHI -in a designated record set for the Covered Entity, it will permit an individual to inspect or copy PHI about the individual in that set under conditions and limitations rejuired under Health For All Agreemen! P9 J Page l of 15 D. Internal Practices Books and Records. Business Associate shall make available its internal practices, books, and records relating to the use and disclosure of PHI received from, created, or received by Business Associate on behalf of the Covered Entity to the U.S. Department of Heath and Human Services or its agents for the purpose of determining the Covered Entity's compliance with the HIPAA Rules, or any other health oversight age -icy, or to the Covered Entity. E. Indemnification. To the extent permitted by law, Business Associate agrees to indemnify and hold harmless Covered Entity from and against all claims, demands, liabilities, judgments or causes of action of any nature for any relief, elements of recovery or damages recognized by law (including, without limitation, attorney's fees, defense costs, and equitable relief), for any damage or loss incurred by Covered Entity arising out of, resulting from, or attributable to any acts or omissions or other conduct of Business Associate or its agents in connection with the performance of Business Associate's or its agents' duties under this Agreement. This indemnity shall apply even if Covered Entity is alleged to be solely or jointly negligent or otherwise solely or jointly at fault; provided, however, that a trier of fact finds Covered Entity not to be solely or jointly negligent or otherwise solely or jointly at fault. This indemnity shall not be construed to limit Covered Entity's rights, if any, to common law indemnity. Covered Entity shall have the option, at its sole discretion, to employ attorneys selected by it to defend any such action, the costs and expenses of which shall be the responsibility of Business Associate. Covered Entity shall provide Business Associate with timely notice of the existence of such proceedings and such information, documents and other cooperation as reasonably necessary to assist Business Associate in establishing a defense to such action. These indemnities shall survive termination of this agreement and Covered Entity reserves the right, at its option and expense, to participate in the defense of any suit or proceeding through counsel of its own choosing. F. Mitigation. If Business Associate violates this Agreement or the HIPAA Rules, Business Associate agrees to mitigate any damage caused by such breach. G. Rights of Proprietary Information. The Covered Entity retains any and all rights to the proprietary information, confidential information, and PHI it releases to Business Associate. H. Termination for Breach. Without limiting the termination provisions herein, if Business Associate breaches any provision in this Section entitled "Use and Disclosure of PHI", Covered Entity may, at its option, access and audit the records of Business Associate related to its use and disclosure of PHI, require Business Associate to submit-too monitoring and reporting and_such other conditions as Covered Entity may determine is necessary to ensure compliance Health Fm- All Agreement Vol-. �(�� P9`j,f Page o(15 with this Article; or Covered Entity may terminate this Agreement on a date specified by Covered Entity. Reference. Any reference in this Section entitled "Use and Disclosure of PHP' means the section of the Privacy Rule or the Security Rule as applicable, as in effect or as amended. J. Amendment. Business Associate and Covered EntitV agree to take such action as is necessary to amend this Section entitled "Use and Disclosure of PHI" from time to time in order to allow Covered Entity to comply with the HIPAA Rules and any applicable state confidentiality laws. K. Precedent and AmbiquitV. If any term of this Section entitled "Use and Disclosure of PHP' conflicts with another term of this Agreement, the term contained in this Section shall be controlling. Any ambiguity in this Section entitled "Use and Disclosure of PHP' shall be resolved to permit Covered Entity to comply with the HIPAA Rules. L. Survival of Key Provisions. The provisions of this Section entitled "Use and Disclosure of PHP' shall survive the termination of this Agreement. Accepted: Health for All, Inc., E{xeltutive Director Health For All Agreement ,Page 15r15 Pg. rr;l=11"ATE OF INTERESTED PARTIES FORM 129' loft - .: 1 - a and 6 it there are interested parties. -- s. 3, 2, ', 5, and 6 if there are no interested parties. i OFFICE USE ONLY :. ) CERTIFICATION OF FB_IP!�'- I Certificate Number: ?in^ss nr,tity filing for in, and the city, state and country of the husiness entity's place of b,,5in e55. 2018-394313 r!ciihh Par All 1 0ryan, TX United States Date Filed: 08/20/2018 tt-me of governmental entity or state agency that is a parry to the contract for which the form is iwinn filed P.m, us County Date Acknowledged: t f 1 .; nrn,i,!e the identification number used by the governmental entity or state agency to track or identify the contract, and provide a - description of the services, goods, or other property to be provided under the contract 19-037 Free clinic for uninsured residents G Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION Myname is �_II 2,0 -6r -I V) N D i Gleo i and my date of birth is o,g �19y Myaddressis 2.82 BOG([- [SEND ��IRnGS1t'c"(1Q}J,—fY_, 11 81Rh2o5, (street) (city) (state) (zip code) (count ) 7 I declare under penalty of perjury that the foregoing is true and correct.71, Executed in �ra-z O S County, State of � Te ut. , , on the `()day of T 20' p . ( (year) r i Signatur of a thonz d en of contracting business entity De lama Forms provided by Texas Ethics Commission Aa= Vol. C Cye Pa. S% V1.0.6711 House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: ka(4-h -fpf kl, Inc - Authorized Company F__k\ Address: 3030 601.5+ 2_9+L, Stye I- , CUi4f, 111 Date: 2-0 ZO 1 ?,n� I Contract #: 1 � - os -+ F ___7 07_1(�L P--::� 14r JUNCTION 505 BRAZOS COUNTY BRYAN,TEXAS SUPPLEMENT TO INDEPENDENT CONTRACTOR AGREEMENT WHEREAS, Brazos County, Texas, acting by and through its duly elected Commissioners Court (hereinafter "COUNTY") and Junction Five -0 -Five, a Texas non- profit corporation (hereinafter "JUNCTION'), EXECUTED as Independent Contract Agreement dated the 17th day of November 1992 for the establishment and management of recycling centers in Brazos County, Texas (hereinafter the "Agreement"); and WHEREAS, the COUNTY agrees to increase the pay to JUNCTION to the sum of three thousand eight dollars and twenty-eight cents ($3008.28) per month, per site for a total monthly sum of eighteen thousand forty-nine dollars and sixty-seven cents ($18,049.690 for services to be rendered by JUNCTION for each of the following sites described below and in the Agreement: Site 1 located on Kathy Fleming Road Site 2 located on FM 2038 Site 3 located on State Highway 30 Site 4 located on Raymond Stotzer Pkwy (FM 60) Site 5 located on Mumford Road Site 6 located on Silver Hill Road In as other respects the terms and conditions of the Agreement remain unaltered and the parties hereto confirm, ratify and reaffirm the terms and conditions of said Agreement. NOW THEREFORE, Approved this 01 day of, ��i{'l��e r 2018 BRAZOS COUNTY,,�TtXAS Duane Pe rs, County Judge JUNCTION FIVE -O -FIVE ----_---- Iris Woolley Executive Dire r Forms provided by Texas Ethics Commission wv✓vv.ethics.state.tx.us version vl.u.orii Pg. CERTIFICATE OF INTERESTED PARTIES FORM 1295 tuft Complete Nos. t - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2018-394208 Date Filed; 08/20/2018 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. - Junction Rve-0-Five Bryan, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being Flied. Brazos County 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goads, or other property to be provided under the contract. 19-055 To provide supervision, site operators and substitution for six collection sites in Brazos County. 4 Name of Interested Party City, Slate, Country (place of business) Nature of interest .(check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION / I My name is 1Qy5 /7. WOO LLG`, and my date of birth is 5-Z- Myaddressis 380 ✓ALLEN nA .s Dom' FWyAnf !X, 7:791 OAALIS. (street) (city) (state) (zip code) (coi I declare under penalty of perjury that the foregoing is true and correct. —r' n Executed in e' ZQS County, Slate of rEXA5 on theo17"iday of A(A[, 201 . (month) (year) Signature at authorized agent of conuac' business entity (Declarant) Forms provided by Texas Ethics Commission wv✓vv.ethics.state.tx.us version vl.u.orii Pg. House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO). 13224, Executive Order on Terrorist Financing - Blocking Property and Prohibiting Transactions With .Persons Who Commit, Threaten to Commit, or Support Terrorism, effective9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list Respondentcertifies that the responding entity and its principals are eligible to'participatein'this transaction and have not been subjected to suspension, debarment, or similarineligibihty determined by any federal, state or local governmental entity and that Respondent is in. compliance'with4he State of Texas statutes and rules relating to ;procurement and that Respondent is not listed ;on the .federal government's terrorism watch list as described in Executive`Orde'r 13224. Entities ineligible for federal procurement arelisted at https://www.sam.gov. The undersignedaffirmsthe non -debarment statement above, that they are duly authorized execute this contract. The company .representative below further affirms, that the company submitting this proposal, under the provisions ofSubtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code 1. "Boycott Israel" means refusing to deal with, terminating business. activities with, or otherwise taking any action that is intended tonal¢e _pe; inflict economic harm on, or limit commercial relations specifically with Israel o} with a person or' entity'doing business in`Israel or in an Israeli -controlled territory but does not, include an action made or ordinary business purposes; and 2. "Company' means a for-profit sole ,proprietorship, -organization,` association, corporation, partnership, joint venture,limited.partnership, limited liability partnership, or any limited. liability, company, including a wholly owned subsidiary, majority-owned subsidiary,,parent company or affiliate of those entitiesor`business associations that exist to makea pro fL Company Name: JU4L01pA i -_[VE -0- -EElVE Authorized Company Representative: _-Mrs M UVOCL-LE y Address: 4-{70 &,U Z 47 IVA7AI 9RYAN 7X 7---7-90 / Date: j� 1/;((J I LX `" Contract#i /9-055 va. „ 2 Y O P9. / 4s FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY This Agreement for Funding ("Agreement") is by and between Brazos County, Texas (hereinafter "County") and the Mental Health Mental Retardation Authority of Brazos Valley, (hereinafter "MHMR"), a Texas non-profit 501(c)(3) corporation for a period of 12 months beginning October 1, 2018 and ending September 30, 2019. RECITALS WHEREAS, MHMR is a public non-profit community center serving all residents of Brazos County with the administrative responsibility and authority to provide a continuum of mental health and mental retardation services through available resources to eligible individuals residing in Brazos County; WHEREAS, to assist in accomplishing the above stated public purposes, MHMR coordinates activities of mental health and mental retardation coverage in Brazos County, Texas;and WHEREAS, the County desires to assist MHMR in their efforts to promote the public purpose of providing a comprehensive range of services in the local community for persons with mental illness or mental retardation residing in Brazos County by contracting with MHMR for the period beginning October 1, 2018 and ending September 30, 2019, for the speck services listed below; NOW, THEREFORE, for and in consideration of the mental health, mental retardation to be provided to the County by MHMR, and in compliance with the terms of this Agreement and subject to other provisions of this Agreement, and all applicable laws, the parties agree as follows: AGREEMENT ELIGIBILITY CRITERIA: This Agreement contemplates services provided to: 1. Individuals who permanently reside within Brazos County; 2. Who have been determined through the MHMR screening process to be in need of mental health or mental retardation services; and, 3. Who have been determined by MHMR in a fee assessment procedure to be unable to pay for the needed mental health or mental retardation services. MHMR warrants that the eligibility determination (ability to pay or availability of any third party pay and residency eligibility) is the responsibility of MHMR and such determination shall be made by MHMR priorto, or at the time of the provision of services. MHMR further warrants that Brazos County shall not be billed for and shall not provide reimbursement for any services provided by MHMR to non-residents of Brazos County or any KHMRAgreemenl Page 1 af5 lvo ;2 96 pg. 6-,z insured individuals with coverage for such services. MHMR will maintain records of insured status for all hospital admissions. RESPONSIBILITIES OF BRAZOS COUNTY: Pay to MHMR an (not to exceed) annual total reimbursement of $80,000.00 ("Funds"), to be paid to MHMR as follows: a. $24,000.00 for Rehabilitative Case Management which includes psychiatric crisis related services, which is part of the local match requirement, and, b. $10,000.00 for TeleMed services, and c. $30,000 for crisis assessments and to facilitate jail diversion activities within the Brazos County Jail conducted by a Forensic Case Worker; and d. $16,000.00 for administrative support services. e. It is understood and agreed that the County Funds represented by the Agreement are for the period of October 1, 2018 through September 30, 2019 only, and will be paid wholly from funds available in that budget year and that no County funding for subsequent budget years is authorized or implied by this Agreement; RESPONSIBILITIES OF MHMR under this Agreement: 1. To provide the services according to the most recent MHMR Local Plan for the fiscal year covering this agreement and according to the most recent performance Agreement between MHMR and the Texas Department of State Health Services, including mental health services, mental retardation services, contracted residential services, specialized therapies and psychiatric inpatient services; and 2. It is understood and agreed that all County funds paid to MHMR under this Agreement shall only be expended by MHMR for the purpose authorized under this Agreement and should any amounts be expended for any other purpose, they shall not qualify for payment or reimbursement; and 3. Reporting Requirements: Prepare and submit to the County a copy of the quarterly written and. itemized accounting of expenditures, income and mental health and mental retardation services performed by MHMR pursuant to this Agreement in the same format as the quarterly report submitted to the Texas Department of State Health Services; TERM AND TERMINATION 1. Shall be effective from the period from October 1, 2018 to September 30, 2019 - --- - — unless otherwise terminated prior to that -time. Either of the -parties -shall have the--- right he right to terminate this Agreement in whole or in part at any time. Notice to terminate this Agreement will be given in writing at least thirty (30) days prior to the date of MHMR Agreement Page 2 of 5 !4@I: gU p9. �� termination. The notice shall include the reason for such a termination, the effective date of the termination and, in the case of partial termination, the portion of the Agreement to be terminated. A party may also terminate its performance under this Agreement upon default by the other party. Default by the party shall occur if the party fails to perform or observe any of the terms and conditions of this Agreement required to be performed or observed by that party. Should such a default occur, the party against whom the default has occurred shall have the right to terminate all or part of its duties under this Agreement as of the thirtieth (30^) day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (1) such termination shall be ineffective if within said thirty (30) day period the defaulting party cures the default or (ii) such termination may be stayed, at the sole option of the party against whom the default has occurred, pending cure of the default. 2. In the event of termination MHMR agrees to return funds to County at a pro rata basis, based on a twelve (12) month calculation. MISCELLANEOUS PROVISIONS: Independent Contractor The relationship of MHMR to the County shall be that of an independent contractor. Parties in Interest This Agreement shall bind and benefit the County and MHMR and shall not bestow any rights upon third parties. Non -waiver Failure of either party hereto to insist on the strict performance of any of the Agreement herein or to exercise any rights or remedies occurring there under upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure or performance. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. Notices All notices required or permitted hereunder shall be in writing and addressed to the respective officer of the other party at the address described below or at such other AdHd9R Agreement Page 3 of S Vol pg. c� address as the receiving party may have theretofore prescribed by notice to the sending party: County: MHMR: Brazos County Commissioners Court Bill Kelly, County Administration Building Executive Director 200 South Texas Avenue, Ste, 310 1504 S. Texas Avenue Bryan, Texas 77803 Bryan, Texas 77802 Audits MHMR agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. MHMR agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. MHMR agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. MHMR agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the MHMR under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of MHMR. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the MHMR annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the MHMR. Annual financial statements (audited if available) are due to County within six (6) months of completion. Ambiguities In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Entire Agreement This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. Indemnification and Compliance with Laws MHMR shall defend, indemnify and hold harmless the County from any and all damages, costs, claims, expenses or liability arising out of or connected with any Accident, act, error, omission, representation or misrepresentation by the County or MHMR in performing the services or other MHMR Agreement Page 4 of 5 P9---LL 9, G� House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: ERAZo5 60lt4-1_Y 47-oIzCAL 6o✓hM, Authorized Company Representative: �[LNkY P OAYO , CPA-SRMAr1 Address: © X 69 -/A-7__50J1J TX `77S 69 Contract #: Vol. � � .... Py, � 4 D. This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. t SIGNED this D day of 2018. BRAZOS COUNTY HISTORICAL COMMISSION By: Henry Ma firman BRAZOS COUNTY ATTEST: By: Duane Peters, County Judge Karen McQueen, County Brazos County Historical Commission Agreement Page 3 af3 Voi. -71 Pg. 7 acts to be performed under this Agreement. MHMR shall comply with all applicable governmental and professional requirements, regulations and/or standards in performance of services under this agreement. Immunity As a result of its execution of this Agreement and performance of the functions and obligations described herein, Brazos County does not waive or relinquish any immunity or defense on behalf of itself, its commissioners, officers, employees, or authorized representatives. Severability In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. Signed this lkf� day of 4[2018. Mental Health Mental Retardation Brazos County Authority of Brazos Valley By:� i B Bill Kelly, ExecutivV Director Duane Peters razos County Judge ATTEST: Karen McQueen Brazos County Clerk MNMR Agreemetit Page 5 of 5 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 it there are interested parties. Complete Nos. 1, 2.3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2018-391328 Date Filed: 08/13/2018 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. MHMR Authority of Brazos Valley Bryan, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Brazos County 3 Provide the identification number used by the governmental entity or state agency to track of identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 19-039 Provide clinical services to individuals with mental illness and intellectual disabilities. 4 Name of Interested Parry City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Parry. ❑ x 6 UNSWORN DECLARATION z� My name is �� I L-L- K IF L l� n and my date of birth is %'�7 l q�G! My address is/ OL 'Tems 47`,, rN -7-k , 6CrA (street) (city) (stale) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. _ /J Executer! m / � 5 _- - _ - -_-- ---County, Sfate of Xis— — on tfiel6.,y'- aay-of-75 20,6? (month) (year) Signature of authorizedent of contracting business entity (D aranl) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 Val, fe Pg. House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing - Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.som.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit, Company Name:!/rG� Authorized Company Representative: / > I L -)- Address: / S -YAddress::S U `i S 7_CX4v Avg Contract #: 9 — 61, j 9 lwa� dal. 1� C) - Pg. 4 . — 14t FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND NATIONAL ALLIANCE ON MENTAL ILLNESS - BRAZOS VALLEY, INC. This Funding Agreement ("Agreement') is by and between Brazos County, Texas (hereinafter "County") and the National Alliance on Mental Illness - Brazos Valley, Inc. (hereinafter "NAMI"), a Texas non-profit 501(c)(3) corporation for a period of 12 months beginning October 1, 2018 and ending September 30, 2019. RECITALS WHEREAS, NAM[ serves all seven (7) counties of the Brazos Valley region; WHEREAS, it is the mission of NAMI to promote mental health and wellness for families and those individuals affected by mental health disorders, combat the stigma of mental illness and advocate for improved social, vocational and treatment alternatives to support individual resilience, independence and well-being of those living in Brazos County; and WHEREAS, NAM] provides peer lead educational programs, classes and support services, public policy advocacy and educational classes, and support services for families, friends and caregivers of persons living with mental health disorders ("Services"); and WHEREAS, the County desires to assist NAMI in their efforts to promote the public purpose of providing a comprehensive range of services in the local community for persons with mental health disorders residing in Brazos County by contracting with NAM[ for the period beginning October 1, 2018 and ending September 30, 2019, for the specific services listed below; NOW, THEREFORE, for and in consideration of the mental health, mental retardation to be provided to the County by NAMI, and in compliance with the terms of this Agreement and subject to other provisions of this Agreement, and all applicable laws, the parties agree as follows: AGREEMENT ELIGIBILITY CRITERIA This Agreement contemplates Services provided to: 1) Individuals who permanently reside within Brazos County; and 2) Who have been determined through the NAMI screening process to be in need of mental health services. NAMI Agreement Page 1 of 6 Vol. : RESPONSIBILITIES OF BRAZOS COUNTY 1) Pay to NAMI an (not to exceed) annual total reimbursement of $30,000 ("Funds"). 2) It is understood and agreed that the County Funds represented by the Agreement are for the period of October 1, -2018 through -September 30, 2019 only, and will be paid wholly from funds available in that budget year and that no County funding for subsequent budget years is authorized or implied by this Agreement. 3) Conduct a review of the NAMI's performance in providing the Services to be provided hereunder in order to assess County's continued participation in the funding of the NAMI. USE OF COUNTY FUNDS Funds to be furnished to NAMI as stated herein be used to offset operational expenses of NAMI, including rent, telephone expenses, and office supplies, as described in Exhibit "A" attached hereto and made a part hereof for all purposes. RESPONSIBILITIES OF NAMI NAMI will be responsible for providing the following services pursuant to this Agreement: 1. Maintaining this Agreement; 2. Providing of Services; 3. Maintaining data files on clients and the Services provided thereto; 4. Respond to all and any inquiries by the County. 5. NAMI agrees that the County, or its designated representative, shall have the ,right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. NAMI agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. NAMI agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. NAMI agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which the County provided funds to the NAMI NAMI Agreement Page 2 of 6 under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the NAMI. 6. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the NAMI. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the NAMI's annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the NAMI. 7. NAMI will provide the County with any and all certified audits conducted by NAMI and the management letter prepared in connection therewith; 8. NAMI will provide the Commissioners Court with statistics evidencing the number of Brazos County residents using the NAMI's Services. RECORD RETENTION The NAMI shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The NAMI agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the NAMI with Funds. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for Inspection and audit by the County, if it so desires. DISCRIMINATION The NAMI shall not discriminate against any employee or applicant for employment because of race, color, sex, or national origin. The NAMI shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. The NAMI Agreement -D Q Page 3 of 6 /ot. O PgE NAMI agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the NAMI shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations contracted for herein. COUNTY INVOLVEMENT The County and NAMI state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the Services to which it relates has personal interest, direct or indirect, in this Agreement. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: NAW Agreement Page 4 of 6 va. a�0 Pg. National Alliance on Mental Illness - Brazos Valley, Inc. 1713 E. Broadmoor, Suite 101 Bryan, Texas 77802 Brazos County Commissioners Court County Administration-Building- 200 dministrationBuilding- 200 So. Texas Ave. No. 310 Bryan, Texas 77803 FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. ASSIGNABILITY This Agreement is not assignable by the NAM[ without the prior written consent of the County. NAMI Agreement Page 5 of 6 Vol, o �� _ pg. - L._ DATED this day of 2018. Brazos County National Alliance on Mental Illness — Brazos Valley; -Inc. - 4DU E PET RS, Judge ATTEST: 4K�AREN �UEEN, County Clerk NAMI Agreement WEN\_/N .. WE " Vol., Pg• Z Page 6 of CERTIFICATE OF INTERESTED PARTIES FORM 1295 p e y lots Complete Nos. l -4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIRCATION OF FILING Certificate Number 2018-399526 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. NAMI Brazos Valley College Station, TX United States Date Fled: 09!04/2016 2 _Name of governmental entity or state agency. that is a party to the contract for which the form is being filed. Brazos County Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 19-040 Mental Health Education and Support Services 4 Name of Interested Parry City, State, Country (place of business) Nature of interest (Check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is �) fj \� SCh LA Z and my date of birth is My address is P 10 g R t5 _77 (street) (c ) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in rl. �C4 C4>r t..i StSt�County, State of , b , on the -'f—* day o ,_, 20J_L. (month) (year) kSignaiure of au rized agent of con1ting business entity (Declarant) Forms rovid d h T E h' Tex t res Commtsslon .f ' PnHfC ctatP Version V1.0.6711 vol. — P9' -- �-- House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS,-https://www.sam.gov),-which-is inclusive oftheUnited States Treasurys Office of -- Foreign Assets Control (OFAC) Specialty Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: )� A -L 3 C Q,-2�p S V Q le y Contract #:_ 19 D410 V._ Pg FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND SCOTTY'S HOUSE CHILD ADVOCACY CENTER THIS FUNDING AGREEMENT ("Agreement") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County'), and SCOTTY'S HOUSE CHILD ADVOCACY CENTER (hereinafter "Provider"), located In Bryan, Texas, and is effective October 1, 2018. WHEREAS, the County has the objective of providing support services to children who are the victims of physical abuse, sexual abuse, neglect, and exposure to violence; and WHEREAS, the Provider shares this common goal with the County; and WHEREAS, the County desires to assist the Provider in providing support services to children who are the victims of physical abuse, sexual abuse, neglect, and violence. through funds provided by the County. NOW THEREFORE, the parties agree to the following terms and conditions to provide such support services. AGREEMENT TERM This Agreement shall be for a term of twelve (12) months commencing on the 1ec day of October, 2018, and terminating 30th day of September, 2019. PL•LIfill anW_ Kel01 This Agreement may be canceled by any parties hereto upon sixty (60) days written notice as provided 'herein. SERVICES TO BE PERFORMED BY PROVIDER The Provider will provide the following services: 1. Forensic Services - forensic interviews and on-site medical examinations that minimize additional trauma to the child. A forensic interview is a structured conversation with a child intended to elicit detailed information about a possible event(s) that the child may have experienced or witnessed. Each child's interview Scotty's House Agreement E01 Page I of 6 . _� is conducted by a trained Forensic Interviewer in a child friendly environment. A recording of the interview with the child is made available to agencies involved, thus reducing the number of times the child must retell the story. The recording may then be used in court proceedings. 2. Advocacy Services — a Family Services Coordinator will work with each family to provide information and referral to community resources, follow-up medical testing and treatment, assistance with crime victims' compensation and any other need identified by the family. 3. Counseling Services - counseling is provided to children and their non -offending family members. Counseling can take shape in many forms: play therapy for younger children, art therapy, equine assisted psychotherapy, or support groups for children and their caregivers. Without counseling, children who are abused often experience severe social and psychological trauma that may including nightmares, hyper -vigilance, sleep difficulties, poor self-esteem, social isolation, increased use of drugs and alcohol, school failure, depression, and suicidal ideation. 4. Education & Outreach Services - provide educational programs to the Brazos Valley on a variety of topics pertaining to child abuse, services to victims of sexual assault and their families (collectively "Services"). USE OF COUNTY FUNDS Funds to be furnished to Provider as stated herein be used to offset operational expenses of the Provider, including rent, telephone expenses, and office supplies. COUNTY'S LIABILITY FOR PAYMENT The County agrees to fund the Provider a maximum amount of money totaling $5,000.00 for the term of this Agreement ("Funds"). RESPONSIBILITIES OF PROVIDER Provider will be responsible for providing the following services pursuant to this Agreement: 1. Maintaining this Agreement; 2. Providing of Services; 3. Maintaining data _files _on clients and the Services provided thereto 4. Respond to all and any inquiries by the County. Scotty's House Agreement Page 2 of 6 E 5. Provider agrees that the County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Provider agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which the County provided funds to the Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Provider. 6. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the Provider. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Provider's annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Provider. 7. Provider will provide the County with any and all certified audits conducted by Provider and the management letter prepared in connection therewith; 8. Provider will provide the Commissioners Court with statistics evidencing the number of Brazos County residents using the Provider's Services. RESPONSIBILITY OF COUNTY The County shall be responsible for the following duties and requirements: 1. Provide County Funds. 2.Conduct _a_ review _of the Provider's performance_inproviding_the Services to be provided hereunder in order to assess County's continued participation in the funding of the Provider. Scotty's House Agreement rW Page 3 of 6 LVO, . _�b pg. �> RECORD RETENTION The Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The Provider agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the Provider with Funds. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. DISCRIMINATION The Provider shall not discriminate against any employee or applicant for employment because of race, color, sex, or national origin. The Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. The Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the Provider shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations contracted for herein. COUNTY INVOLVEMENT The County and Provider state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in _--- connection with the- carry-ing_out_ of_ this_ Agreement -or the Seryices to which it relates has personal interest, direct or indirect, in this Agreement. Scotty's House Agreement Page 4 of 6 va, _ �f�D pg. GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Scotty's House Child Advocacy Center 2424 Kent Street Bryan, Texas 77802 Brazos County Commissioners Court County Administration Building 200 So. Texas Ave. No. 310 Bryan, Texas 77803 FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions shall not be affected thereby. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully exp ressed_herein. Scotty's House Agreement va _ �� Pg. Page 5 of 6 ASSIGNABILITY This Agreement is not assignable by the Provider without the prior written consent of the County. I _ DATED this i 1 day of 56ynL,, ni 8. Brazos County Scotty's House Child Advocacy Center / � W 'i'� C -s v� ane Peters Judge Cary BakW, Executive Director ATTEST: Ka en McQueen, Count Clerk Scotty's House Agreement Page 6 of 6 Vol. pg. �c[ _��7 �-- House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing - Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: Scotty's House Authorized Company Representative: Cary Baker Address: 2424 Kent Street Bryan TX 77802 8/13/18 - -- Contract #: 19=042 I-V61 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2018-391305 Scotty's House Brazos Valley Child Advocacy Center, Inc. Bryan, TX United States Date Filed: 08/13/2018 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Brazos County Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 19-042 Scotty's House will provide child advocacy services to all eligible children in Brazos County. Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling I Intermediary McCollum, Byron Bryan, TX United States X Olson, Ivan Bryan, TX United States X Prince, Mary Jo Bryan, TX United States X Kirk, Chris Bryan, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Cary Baker and my date of birth is 10-16-1982 My address is 3913 Brighton Drive Bryan TX 77802 USA (street) (city) (state) (zip code) (country) declare under penalty of perjury that the foregoing is true and correct. Executed in Brazos County, State of Texas , on the 13th day of AUgUSt PO 18 , (month) (year) �Q r Signature of auth riz1d agent of contracting business entity d eclarant) Forms provided by Texas Ethics Commissionethics.stale�5--- — version va.u.n ru va. P9. FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND SOUTH BRAZOS COUNTY FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of South Brazos County ("Agreement") is hereby effective October 1, 2018, by and between the SOUTH BRAZOS COUNTY FIRE DEPARTMENT, INC. ("Department') and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: AGREEMENT SCOPE 4v 1. Department shall provide fire protection services to any person who requests it within the confines of South Brazos County, Precinct 1, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 2, 3 and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about -- -- ---the-boundaries of the -Precincts -should -arise:— ---- - --- -- - - - - South Brazos County Fire Dept. Agreement VO4, �_ 67Z �d _ Pg. �% Page 7 of 4 2. All requests for services under this Agreement shall be made through the 9-1- 1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sum of $29,000.00 upon execution of this Agreement ("Funds"). 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement term shall be from October 1, 2018, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2019. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: South Brazos County Fire Department, Inc. P.O. Box 501 Millican, TX 77866 Attn: Chet Barker, Fire Chief County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 South Brazos Coanty Fire Dept. Agreement Page 2 of 4 va. L__ DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach -will -not- constitute consent -to -or-waiver-of or -excuse of -any other; -.. different or subsequent breach. South Brazos Coway FireDept. Agreement Page 3 of 4 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Department agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Department. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Department annual financial report, but which are of concern to or under the suggestion of the auditor. Annual financial statements (audited if available) are due to County within six (6) months of completion. South Brazos County Department, Inc. Brazos County, Texas By: c4 U�J� Chet Barker, Fire Chief Du4fie e rs, County Judge Date: /z -1I1 e� Date: 0 I w - ATTEST: Caren McQueen, County Clerk South Brazos County lire Dept. Agreement Page 4 o Vd. Cid- p9, �0 House Bill 89 & Debarment Verification Brazos County Is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing - Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is Intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. i�Company Name: Jcu-,4) Authorized Company Representative: C ho- Address: G• Ar,, ( Date: v / Z `1 / I t) --Contract # t r Zv" Vol. �� Pg. �� 16 h:'County Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN. TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 August 28, 2018 George Bailey Bailey Concessions 6430 CR 313 Navasota, TX 77868 Re: Renewal of Contract for Concession Services #19-063R previously known at #18-100R with Bailey Concessions. Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Contract for Concession Services with Bailev Concessions. All terms, conditions, and pricing shall remain the same. This renewal will be for one year and will start January 01, 2019 and will continue until December 31, 2020. i To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to knachlinger@brazoscountytx.gov or fax to (979) 361-4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361-4284. Q< c"C e 3AAi'f 1 p 131: (x'11-35 7.3 Contact Name: 1 ak e hone: s c�� f✓' E -Mail: l�'� I �`� 1�� a '�Qtt�.t�` Fax: GEORGE BAILEY: D/B/A BAILEY CONCESSIONS Authorised Signature ( Dale BRAZOS COUNTY Duane Peters�L;ounty Judge Date Val. P�. %� 1! A Bid Tabulation #19-064R, previously known as #18-031 Stall Shaving and Pellets December 16. 2018 - December 15, 2019 JI Vol. ;�7 p9 f3 Agri -Wood Products A & B Livestock Supply Producers Co -Op tem#Ix Shavings Item Name: Bagged Shavings Suncoast 10 cult Lg Flake Shaving 1 Item # NA NIB 34415 Delivered Price/Baq $3.85 $4.85 Pellets 2 Item Name: Stall Pellets Pelleted SBheadvings (Lonestar Patterson Pine Pellets Item # NIA 34414 Delivered Price/Sag $3.95 $3.85 $4.45 Pallets Collect good pallets only in area, we will arrange for pickup when at least 314 trallerfull. We deliver In good used pallets, need to pickup only good used pallets Vendor will pick up all pallets when emptied due to outside trucking company. Please give at least 3 dyes notice prior to pallet pickup Shipments will be direct ship and not able to load out pallet. Producers Cooperative will make arrangements to pickup pallets on delivery days or via a monthly/bi-weekly schedule. Coordination and preference tsfataished by Exen Rep 1st Renewal of 3: Agri -Wood Products: Item 1 A & B Livestock Supply : Item 2 Approve y mmissiorCourt on this AU�Jclayof Scpmbla y holding the position ofR7f �PSYl1Yl15�jk5he} (�,, 1 JI Vol. ;�7 p9 f3 Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUI'T'E 352 RRVAN,'I'X 77303 PHONE (979) 361-4290 FAX (979) 361-4293 September 4, 2018 Agri -Wood Products Ltd. P.O. Box 154277 Waco, TX 76715 Dear Agri -Wood Products Ltd: Re: Renewal of Contract #19-064R for Stall Shavings and Pellets: previously known as #18-031. Brazos County appreciates the work provided by your company and would like to exercise the renewal option for Stall Shavings and Pellels. All terms, conditions, and pricing shall remain the same. This renewal will be for one year from December 16, 2018 through December 15, 2019. Agri -Wood Products: Item 1 A & B Livestock Supply: Item 2 To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to Imaness@brazoscountytx.gov or fax to (979) 361-4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361-4284. ContactQOV, ? �� ( t✓ Phone: E -Mail: Cje,� GLCr'j LdL�c�p yCt/cxEas: � SY-- �9 J2 76 AGRI-WOOD PRODUCTS LTD. Authorized S&2v ,re Date RR'.OS NTY }t f Duane Pelers ounty.Judge l� Date Pg. 74 . Brazos County i,t ( 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PROVE (979) 361-4290 FAX (979) 3614293 September 4, 2018 A & B Livestock Supply P.O. Box 1113 Caldwell, TX 77836 Dear A & B Livestock Supply: Re: Renewal afContract 419-064R for Stall Shavings and Pellets: previously known as 418-031. Brazos County appreciates the work provided by your company and would like to exercise the renewal option for Stall Shavings and Pellets. All terms, conditions, and pricing shall remain the same. This renewal will be for one year from December 16, 2018 through December 15, 2019. Agri -Wood Products: Item 1 A & B Livestock Supply: Item 2 To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to Iiiianess@brazoscountytx.gov or fax to (979) 361-4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361-4284. Contact E-Mail:RD!4,\0� , mw A B LIVESTOCK SUPPLY Authorized Signature BRAZO N"FY Doane ter,, 7ContJudge Date Date Managed Document Services Agreement Shaded areas for in-house use only dahill Order Date: Contract Na: Customer No: Effective Date: SK Trans # Service Location: IN Multiple Locations (use Location SNedure) Bill To: Name: Name: BRAZOS COUNTY BRAZOS COUNTY Address: Address: SEE ADDENDUM A FOR SERVICE LOCATIONS 200 S. TEXAS AVE, SUITE 352 City/State/Zip/County City/State/Zip/County BRYAN, TX 77803BRAZOS Contact: Phone: Contact: Phone: CHRISTY LOEHR 979-361-4291 Hours of Operation: Email address:Email address: CLOEHR@BRAZOSCOUNTYTX.GOV See corresponding schedules(s) for included equipment SPECIAL INSTRUCTIONS: HCDE/PACE CONTRACT- BILL OVERAGES QUARTERLY. STAPLES INCLUDED. SEE ADDENDUM A FOR SERVICE LOCATIONS PROGRAM: Includes all service and supplies; paper and staples are excluded. One R_ate'Podls N Office A3 Included Pages Overage Office) Included Pages Overage (OA3) (DAd Desktop Included Pages Overage (DSK) -'„ am (,_-.._-. Unlim ed-P,'_rogra m,(A3/A4) Other Unlimited B&W # of Units (UBW) P,r_Odnd 100_0 5 Color B&W Allowance Overage B&W (PBW) Allowance Overage (PC) Color Allowance Overage Specialty Finishing (SF) .''.,""<."'z" VB HI MFP VolumeBased ( ) B&W Allowance 250,315 �..__ Overage .006 Color Allowance 18,725 Overage .04 ❑MPS B&WAllowance Overage Color Allowance Overage ❑OOG ❑PPO B&WAllowance Overage Color Allowance Overage PROGRAM MONTHLY BASE: Term: Monthly Service Rate: 52.W.00 ❑ Included in Lease Agreement Q Billable Monthly $ 52,044.00 APPROVAJI5_`By"1iig.1A below, yo ccept all terms and conditions of the,nt ct, listed a ove a0 on reverse of agree ent. Customer Signa re: Account Manag Date - Title: ate Credit Approva i alure: Date: CAM Acceptance: Title: Date: DEVICE SCHEDULE Model Vol. '�) So Pg- ,n nn,a 8/30/2018 1`014 l htll Current Situation far cOONTY OF RRA205 (9M) Master Account COUNTY OF BRAI05 [COLT) 2w STEMS AVE STE 218 B9YANTX770a3 on 979-]81 294 D Out, Locations: 34 AMG: 0.0% .. cu,mM W.0o Lease Information Lou— Number Leasee SKI Customer Current Situation: 599661 ADDENDUM A TO MAINTENANCE AGREEMENT .intent 1-30 $2 D4400 $51,00 Service 8 MPS CGnuaGo, Corunia, MIF Detail Overages round Gerund Numhv Contra. T11. stIoName COUNTY OF CN3424541 11:GMA BRP20S ItemC'slo Nie, EPuipmemNumbm XEROX 5955APT E0216415 MRKCENTRE COPIER XEROX 5955APT E0219<84 WORKCENTRE COPIER XEROX WT055PT2 COPIER E0221ECI XEROX 5025AP12 COPIER EQ233067 XEROX 587SAPU COPIER E02]]0B9 XEROX 5955APT E02]]004 MpKCENeRE COPIER XEROX Wy855PT2 COPIER EQ233297 XEROX 5955APT E024549a YNORKCENTRE COPIER XEROXVERSALINK 87C35 OSW LASER E0248805 MULTIFUNCTION PRINTER. TANDEM TR AY is:llsk3.dahill.com/currentsituation/ ®Repnd nn hsu 1/3 360 61-90 ad, So 0o $0 00 $0.00 Tram Eump lenders, Dale Eno Data Leal Payment End Ol Leasa Option Peamendamed Sup Base Selvi.. Rase F,.,9m Fee 31-80 61-90 90. $0 on 50.00 SO 00 IN95I11TGNama 0Eno St. Data Last Payment MA Base Rental Payment Mi— Chagas ov, Billlrg Bas. Ban, EO MPS 42 111132012 07232018 tG 014.00 O M 'Man % Se-Mrabm 1-mah- rural., Andrea Cry SUIe Z'., A2Mfi505]5 Sae, 105 Records MGMT IG 2W G TEXAS AVE STE 210 BRYAN TX 7T003 SeW DAH Soneme FAR Sup._ A2M552422 JP PLT 1 1G- 12015 FM 21N STE 100 COLLEGE STATION TX 77345 Spin DA. Service OAH.Sup ,. G`JW EAST20TH B74TH BRYAN TX 77., MX4466589 Sao FAR Smsod:BAd Sup.., FLOOR EX96st F,.. Besk SF-oa Out 1700 HM 21 BRYAN TX TT003 SON:OPH.ServiceDAH Sup.. Rheins Department second 1G" Van MM'21 BRYAN TX 7no3 EXPEB500a Mor Cold ➢AgServrce:CAR Su,... A21,1737tT STE. 114 IG 200 S TEXAS AVE STE 210 BRYAN TX 7ZS03 God'.DAH,ServiceDAN.6up_. Rome 1414-FsnYy Violence MX44a5299 rm—hNI'm salt adore 1GI SON DAHService BAR So,.. 300 E 26TI ST STE I] O0 BRYAN TX 7780] alevalwe p2M7a7509 1rT.. 4151 COY,ay Park Coup BRYAN TX 77B@ SalllCARSrpEY [MH,Sup... 1G: ],O E Yp111pM J BRYAN BRYAN TX 77003 5DA031516 S,W.DaH$mvice: OAKS,- PKW 1/3 2/3 8/30/2018 SK3: Customer Current Situation: 599661 XEROX ALTPLINK 315055 MULTIFUNCTIONAL W349125 T4X025395 HFC$5-1 EXPO COMPLEX, 1G: 5027 LEONARD ROAD BRYAN T% ]]BD] Lia leJ al back.1 pan try. Sold'DAH.Supun DAN SuD Y coPIERPPINTERIBCANNER XEROX ALTALINK 51055 6 IGISol 1 MULTIFUNCTIONAL E0299425 Y9%52M11 2ntl ii— STE 2113 SOI dOAH.SONice pAH.Sup_. I00E$6TH M2f0 BRYAN T% ]p] ]6 COPIEPIPRINTER]5CANNER XEROX ALTALINK 315055 MULTIFUNCTIONAL EQ249428 Y4X025215 HFPIDS3 STE 214 ]Po E 26TH 9210 BRYAN TX 77801 COPIERPRINTERSCANNER E.Id OAH aa,ae CANAL E.. -BOX PLTALINK a0055 MULTIFUNCTIONAL So3491]0 Y4%B25d65 JAIL MEDICAL Ca-Atm.-0I1M0m 10]55uMY Paint Rd SPIN TX 77807 LOPIERPRINIERISCANNER j XEROX ALTALINK B8075 MULTIFUNCTIONAL E0]4988] 3AGe72390 COUNTY CLERK I ST FLR 1G: PoOE2BRI ST STE 1430 BRYAN T% ]]BD] COPIERRPINIER/SLANNER STE 1401 SoldDAH.ServiCe:DAH,Sup... %ERO%VERSAIINK 1]0]5 BBW LASER 1G: ' M ULHFUNCTION PRINTER. E02501Gu 50AXH. CONSTABLE PCT Sold DAH,Seryke; Cl... 12115 FM 2154 STE IBP COLLEGE STATION T% ]]915 TANDEM TRAY ! XEROX ALTALINKC8055 MULTIFUNCTONAL 1G'. LOPIGHCAP E0251685 8TB540481 SHE RIFF'$OFFICE SOIdCAR .Service DAHSup.. 17OO HWY 21 BRYAN TX 7700] ANL'MPNNER WMIGHCAP TPNGCMTMY Q XEROX 58APT2 COPIER ]S X. EX9283758 MAIN OFFICE IS. 201 N TEXAS AVE BRYAN T%. Tell Sold. CAR.So,OP DAHSup,. IG XERO%5055APR COPIER H4423 EX7004111 161 d DOEU Could No 420 300 E 26TH 4420 BRYAN TX 77103 Sol ]PH Service DAH Bup Sd'l... tl po.eEle. in bock on up band 1c: 1904 WNWY21 TX /V^ %ERO%5155APRCOPIER H.24 E%TW1029 eNe Sok] OXT.—u. CAR Cup,, BRYAN ]]BO] \ \I XEROX WC5330PT NG Hl AE9094]05 Brzms County Ery 1G 5027 LEONARD ROAD BRYAN TX 77807 COPIER SON:DAH ServiaX CARS, _. 1G i %ERD%KCS]]So COPIED H4426 PE9897521 Snld:oPH,SeNice;pAH.Sup... 2005 TEXAS PVEp 167 BRYAN tX. ]]003 1G,SDId9AH,5emce:DAH XEROX 5155APT2 COPIER H4427 EX7004142 up. Sup- 1151 County Pah Coud BRYAN T% 17.02 1 XEROX -113.11 OIG XEROX H9428 AE9094684 Sud. 22M cwttbou[e tO: 2003TEXAS STE 126 BRYAN T% 71B03 l COPIED SNd;OPM,Gervice OAR Sup_. XEROX WC59WT DIG H4429 Ac919P Sune 240 1G: 200 5 TEXAS AVE O]52 BRYAN T% ]O] ]B91 U.V COPIER Sold Serve OPH Sup.., XEROX W1835P2 COPIER M4432 MXp1X9W 1G: 2Po STE%AS PVEp 310 BRYAN TX 7]p0] M3 TRAY MODULE 'NEW Sold DAHO—ca Sup... .---J j %F.RO%50]SAPII COPIER H44]4 E%92B1ID4 3'.—Coa Coal DA4 ONE, 1G: 3COE26THM 310 BRYAN TX P003 li Intake.11. SNd:DAH.ServW DFHAup.,._ Mackne, raced..1 u, jail 1G: XERO%50]SPPT2 COPIED FN9]5 EX920Z➢69 1901WHWt 21 BRYAN TX T>80] '01 Sao:OAH5ervice DAM6up.,. XEROX 58lCOPIER H4438 E%928T100 J. -rale A.mnisl.d.0 1. 1904WHWY21 BRYAN TX ]]BOL Sold DAH.Servi¢OAH.Sup_ XEROX 5015PPT2 COPIER H4431 EXW87 S 20C S TEXAS AVER 206 BRYAN T% 17803 Sold -DAH S.—P OAH sup.,. XEROX M.FP]fiJ5%1 COPIER H4440 01510fi14 InlCurl-ai,n.., IS. 205 EAST 2— AT BRYAN T% 17903 • SOI.: DAH Service OAH Sup... i XEROX Al COPIER H4443 MX4329504 AyiiivAua Etlunmon 019ce 1G. 2619 W ST HIGHWAY 21 BRYAN T% 77603 Sold A.. up,. ILII I XEROX Wl845PT2 COPIER H9449 MX43297N Bmcun Count, Roud. BiAOe IS. 2617 IN HVW 21 BRYAN T%' 11802 DAHServrtmpAN Sup IlON. .. i https://sk3.dahill.com/currentsituation/ 2/3 )/2018 SKI Customer Current Situation: 599661 XEROX 5955APT HB<O6 NGRHCENTRE COMER XEROX 53IWT2 COPIER KU411 XEROX 5875APT2 COPIER K3449 XEROX 5955APT K3452 WDRKC6NTRE COPIER Fkal sarvlcea XEROX 5955APT HNSJ VX]RKCENIRE COPIER TX XEROX 5955APT EX93057J8 MRKCENTRE COPIER K3456 XEROX 5V5APT2 COPIER K315S XEROX 51175APTJ COPIER KU56 XEROX MISAPR COPIER K3457 XEROX 5875APT2 COPIER KJI92 COUNW OF r =5.101 1f.GMA BRA205-BRYAN B.. Canlal COLLE Other Contracts C.N1,AIN Dewn — SW Lael Payment DAM &M, CYck Renewable Renewal C,,% Bue https://sk3.dah11l.com/currentsituation/ 3/3 SKI Customer Current Situation: 599661 IG: ASMSQJR Fkal sarvlcea So DAHAenlce'OAHAup... PCO S TEXAS AVE STE 352 BRYAN TX 77503 EX93057J8 unasslpnBMnlervn 300 E 26TH ST STE I430 BRYAN TX 77003 Al EX9b6529 B.. Canlal Sok:OAM Servin.DAH,Sup„ 3733 BIIafneL l91 BRYAN TX 77802 R1064340 S.U. 9ID09Rfi95 SOW 0AH.5ervioo DAH SUP-. 1500 GEORGE BU9H UR COLLEGE STATION TX 77840 IG A21 3519 SaH:OAHServseDAHLup ., ]OB E 28tH 5T STE 1300 BRYAN TX 77803 Louled in Ifte Lounly A2MBa35dd Admmntrnum 0uldn9 IG IDB E 26TH STnI5 BRYAN TX 77003 fila 218 "not IBe couMWae" SuW:0AH.5erv1[e DAHSup... 1. EX930(I89 Lnun-Punt Rdom 1735 SANDY PONT RD BRYAN TX 771107 SOID OAH,6ervimOAH.6up.. U93MI14 JGI S.W, 18]5 SeW, Point Ad BRYAN TX 77807 SIGWDANS,.Ce:OAM So EX9b5995 R—Xds 1.15 S.., Pdnl Rd BRYAN TX 77BOT S.DAH.Servica OARSdp.- 1G 2AR S TEXAS AVEWE STE EX9306615 BRYAN TX 77503 A.W ARM ..,.c. OAKS, 151 1 IRN7,2017 001134018 S51.00 D M 1CO.W% SW Lael Payment DAM &M, CYck Renewable Renewal C,,% Bue https://sk3.dah11l.com/currentsituation/ 3/3 b hs gnwwt 61 da W 90 1Aa b h Cmtr1r. 74 wm'w. MeaW rda to OdiL N1 .ad 'prim' rda b yea ab m IN, avd'AgrmwK min b db Awe 74 ewdjwpw mtra bh rot d M E*stw" Th swd Tj;*wlr run b h R#pmmd bahld door a In Ed& A lad vtim b moral q Ph Ayedtwt T4 wd imd a lace Awwa rrdr b a ime dor fag Naa so, a Reba pay kF a Lamas Awa ApumW IRa lea hr MIN m pm4led a aaw+r lam a Rvtd AWW W I h snood lebam ym ad m). This AyealwN Is Bunn In pleb EAg hk Emy atNnpl M NSI mm lddditma mlMaag b'yep ed atib a etlFb, mybraed dmnei. ThI1.Apumagil I trnNMWbtistreemdrMwWIp garbdbEmnwA WnIdn wd bdreysrtnb orl lelw S=IDPmtre IN EgvipmaA YA eIV &mUNW ol aarnl-i h E hw*. IA w rpa b pq u tr M miwwv and SMm IA So — d Proal NaW, tl4 Apmivnl b rm wYSdd$. TM! Apm'ea ytdr W/ b h Amba Egda.a0. m aArrs. 2 dark+ 6arsbn Tor 10 m Im dm nd Is h: mN gr go Ag urm rad m h hmt pop E ro AffsN h ape tl e IlNn ywww b &Wb ()l APsavleil l Uw ah m IaiY l th Eggl- K L arum dl I er botlbp patum: (d b EgipTw+t b ; (b) b s tles meds rgdamru ed Aw km mvrw 0AI rN rmviA Amor; R) h Epdpwa h mW ad wW*d eaerarg bre mrafsmrar;edYAn; (r) h E**Mw b PPrdad u" h apdod tabirAd Yam tmmiw; lel) my .0w Em sed h .mbstcars IWdld rpedrdial m md. N p) h Ea mord IS operbee m m bddd abmlvl va. fN pima b pan erldw h • gad ad w Wwae n1 .,. TM Pff%Mo.ARAM Na aM QlAM*M Mace. 1 OdawgmmeddAysret Th AQenwNbemlwvd Il QWawdmqu.ad mmm ddpewa mrmravm *w h E**p b emcee b ym. MAW. , NbnKld q Yw to 4 in gore mki mMllal. Th Eo>bnwi d be W.fa1d b goad wmlg lhd yw dim Yw ^d=7 m h amp aDri *Ih OI ria I dap w h W d ealmr rd ya do @al h EpNmaR./+d rag abN b g� k and w wash h ddad a pawalm. l TOM Admmrlr Rnwet Tl. V" Tarte'd/b AWw l IS W a Pall) 041W bh bort d cry Rem Apwnwt IW IN PW4 WM h Eadpgmt w b a Pad d lean 112) glade / h EWPYmt h m agt4gd b e bee d b tem d b tm em ad amu Ida (12) made. Uim Ym sly a b willing at NW dal SP drys bA" h rd d h bed a cry word W% Id you bald not b g ro Wmmex. Nen W tw X'FSn+K tlld armntdruay wsa tr a smtlmd aOYs prod (a'Raa.slTaml rd (!} h N/^'+d ed ANr 6Yns d as ApmlaW d MOM bAPPIY. 0. deMm PrRneuLA b mmtleAm tr or dipaim gatla Ne Apewsk, lea syr b prym traaA erdmpsbdh Am as old abw obghdmdorO tre mwbr b pCmhNadi/Bm Mdem10 show dam:(Qmiappadb ;(9) Mc waedl Igw}9OdIrpgp beaQ.Odb testa db YIs, W I - �aymm mak tr W,fW Rwtl MO.id dtW�1gadd A,m mask old WoONIRSa{�dm 1d w is( M ad any mgr dmpr l ym P tr I par Yw you ata M mm"Mft Ira aaae d oboeardemnmYM swyeaala oto avr dYwmaptnueh etdd ma" d w apwwo YM ge R iW w may. h ar oda dcmdl. ease. h mmtlr/ Oma amaaei and h ovage PID waMdld dote lfm sad, 7w wMq h blbl Ta mm ap andNS•sib tsryt vmmalmKyellbaaam14Ovy t Y. ammo* ' 4Aft AW m at ae wWLnmw Mb my pslAl spent sed. At prMagN amfr abs ro AggmvwA n wnra(uddd+. L Pem;bppiq Ui®daaMr UebOamw.de St{cdm atmdada ttb Apwold mow, PMMA mdwMrpv. Sd(ImadpprnMmraeU NdM pleb ad ams m Wd d A rtaa b nod b Rplearaa Is h naB d pa norma a µ1e. Tor Agawaad dnm meta a+7d h mN :(a) da=p b b EYAAvaad mw by maw. mg%g ,armdar ab;aM mgeb rd pde rea>Namdq grmmdhEq#mag araiA Beevrbywr I plltow 7. l m =A d Man Fmmld Egdprwd N 4 mord µ b b aniAwtllMeaA mveahn. Mvimcdh paawdlyS,pedwhaApdiaemgb madaSmdirm. Lt Clwda> aywm mlpq ddagrgbdm wnapdtbdm rhvtlm,arMn ]t dry. ion h Y ala seem a/des rw aady a da aa.lal syr b pry • m qN ael b10%d to lgmdbm ode IN, aaan. 9. MMrCaDemerl. Yw ap+ .dw fatlA stropptgem twglpvbl sl we b (m ebW d mm rwdq IN drgA Y del +W PmrldeWeFakdt d. tw G 10 16mva,1 Yaaabd nog b m ro bataroltgy. tr lack ort agimrbd mdv Rmd.Ida Tyr b pry g]S pr mum N al®albtb mkt taro Nlgnae d>md ante 10. daub llama W'lTagdsd 6avb llan'n AtrlmAEdml, d>b a.m.-LgDpm.tnl Nm. U Vw MOM aadpe b a aMdm daNN Lan. Y d h padmd anvil hty+tEjlt mndtrAm++paWnow ad bSobTbWgsdAbYwdwge9ankd:(aaeed aeAd hperdbgTaMrdeaaM(Z)both pnrmAp toadygm1 wlNm bm4- b ear der 6'ID pAn m • Samy a n y 14e • laNfmy, 1f. Rrvrdbn bherelywwbmMh E.Wpnml Alum SSAw nlwdd Per h sa IVa ba7w bad. maw AAlddd btlr b pmdm aaNm tr h EgAprwA r h era.kaW nr abuadlN.Tpmemnl AGREEMENT -TERMS AND CONOMONS 12.Odrl W d h boat. b e Waft mmr ro AgeawL GI lar Y b pry rN' Sarre P'nu acry cell PsYmad dm,rrdrroaay mer 4sanAe Yw. Mt Mbu. q h dr dde Yddad m cry maim. a (a) Ke m m wk m my d pA dlr oMyhe IAMIIro onaawab0 m!!glemda Mbm andro dm Ad walrtrm(14)bap aw rnew w®d yw qr maptrudeprld laFtwidm gblwham4m iL FAMWWLmcd d yaI Odell mea ro AgmeneA w arymae a ma d b tmwg: p) acme I e, Ag scum m e C.OA.'pr a nub a a cordal Brum ma+; (d (4) M WIN w = NA Ayrnwt ane or ka mwpm aprmra a IW Yw law TAA w (q gsaiw yw, o sada id aemga tr . d W n nd nd W a ft b my m, m word W my ommt m ae ed oIm M m r moue clad b b am d wgadrg firrLF Par b h wndlw d b h a R ,. A.d. ad (a) amrt tk try a[tr Bawd cubµ ItW..YM tlsoalw V. bw wftd emm�d Idsoxrww m. d eda 4 adhi taAaLm a at m nd dmad », rmalae aAneye' M, mm orb, m rant d alrbm). ).The mneda S bM Iwdn nelawatAe N n h NLeon b e"d amt AAnedm nwd uda far, ad mq Im aachN aAwmndy a rplray. Any w" a d r q m b mace ddall a b ewrtie try Mr roll a mnrly t1'el eat grew ■ a.ar dry dhr rid a Adan gONi. 1 ro /pwnKgomty pwAlw la, aa¢emh Elmprdm,rvrelyr.im,hba.Qlworm wdD cabsdhaw"6 Par rbggl ff brabi INA h wWn b/l w�ew mrdtin bryd 4)"ebr Ill," wlU ad h h arae w m not on . addaraY .ail mw (11) grya dtr nrrmg arbor rw A d rAig deaReay, Yea may, w rm cab g.my. cord h Aymarl rldlpA ay AdAY u NO WARRANTIES. COW bn"unto gwrrtm po+wl b a •rayl Pr+yarg No hw* aM to od ddu W kM teak WE NSUAA1 ANY AND ALL WARRANTIES. E)PRESS OR MUM. NYILUNG ANY NFUED WARRANTY OF M MOUNTABNTY AND ANY UEUED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE It LOOTATaNS OF LABILITY. WE WALL NOT BE LIABLE TO YOU FOR ANY COHSEOIENTIAL, NCDWAL.ORRMTNE NAMGES A ISM FROM ORRELATED TO. THIS AGREEMENT. YOU AGfNONiEDGE AND AGREE THAT N ENTERING ORO TN6 AGREEMENT YOU M MDT RELY ON ANY WATREN OR ORAL COkiMM.CATIONS, REPRESENTATDNS. OR GUARANTEES (NCLUMHG BUT NOT UNITED TO NDCtAIRES OR PROPOWIS) MOT EXPRESSLY SET FORTH IN TMS AGREEMENT, N WANG YOUR DECSO N TO ENTER INTO TWS AGREEMENT. YOU AGREE AND REPMENT INUT YOU R OTLY OR YOUR OYN INVESTIGATION REGAOM TICS AGREEMENTS SUBELT MATTER AND THE INFORMATION CONTAINED HEREIN - 1L OUrUALMEMTY. THE PARTES MUTUALLY AiREE TO R EWM. ,DEFEND AND /NOLO HARMLESS TUE 010 PARTY. ITS PARENT CORPORATIONS, SUSSIDAyES. AFFILIATES. DIRECTORS, OFPICEAS. AGENTS. REPAESENTATNFS. ATTORNEYS, FN U7YE^ES..^A!ND.iI MESSMi)R A.iilM ME iDWMED PAMiM FTOMAW AND AL1C AN S.OEWYD$.ACTMTIES. B1iMALUEGATIONi, ACTIONS OQrAUSES OF ACTION ANSRIG FROM OR INCIDENT, WHETHER DIRECTLY OR INDIRECTLY. TO ANY MWONWCT, tEGUCE"CE. REPRESENTATION. OR OMISSION ON THE PARR OF THE INDEMNIFYING PARTY N TRE CONDUCT OF RSM ER DUTIES OR ANY CONDUCT OUTSIDE THE SCOPE OF RSNNEIR CUM WIYGN MAY DNS %E TO LY TY OR POTENTIAL WBRRTf ON TRE PAR OF INE OCEbOg 1® PMTIM 17. UNCONDITIONAL OWJMTIOK YOU AGREE THAT TOUR OBLIGATION TO PAY US LMS THIS AGREEI NT IS UNCRDRIONAL AND IS INDEPENDENT OF ANY LEASE OR OVER WW?S"WEA&%SSN5W 7NM T HX AMYW* HM tS CW AYYAIEELSE 10. Ndtma N mlm wd aft mmAveuial vavM b a a ggid a PevAmd urY roAgmmidA4awedtotawtwo "omim+mIwargMaUS.nddh ddrm ppkYk m pqo ved ro Agr w M Aoaaanl Yaawml eAOJ'AmaddgNa^+rwbAbAGwn1°tafNlAav pbr ww mice. IN may. MAW pe marl 1d Mord Piz rdmA . gsdr ro Apmgv0.sayrliimd1.1 Nand,beabdprty. 21. Bwddb. Im ,milbndNb Ayamldbbld uwdAmMa tlmrdtpmwmd 4 grodbd bmAd h puma' narBm. Nwgddq po✓dae d M Ayarwi and gain N N lam rd mad 22IEfga:4as I TMsAw", wZub hvosiopma dbpmA.Ahwpd b le a*d mum d ro Awwwa, ad- d Ida rand 1 . easrw4 "Prom i ad ateaamow Mm mow row. Thb.ywen • w pay 4 aadhd by a rRNA dmmwd day awdW by h poMm A Eow In CaNapmtL Tor Ay®rtwd tory beamed be cry mamd auerWl camdMemdad Imdeawd bb rai$WadddW oplwdm4d ,md bb madthsAbrbmrd M Ed Admaned Vol. P9_ lj ri7ffwm�Ell ,1 ku*-tt �Tx House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with.the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the united States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. 'Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: 7 Q° `' // D e t e rk !1v (v g Y l o r`7o r G Authorized Company Representative: Loi Gy?_ ra M,a&VP 7— Address: Z'ZO0 l P -1D (VQ i,L / S�e L10 S`Q n Grn 1� ,l v 7 Signature, G ei Ila Date: y-4 -19 Contract #: Iq' 0 � 9 7?23o Vol. pg, �� 1 COMPETITIVE BIDDING REQUIREMENT EXEMPTION OF A CONTRACT FOR SOLE SOURCE MADE BY A COUNTY UNDER LOCAL GOVERNMENT CODE SECTION 262.024(A)(7)(A) The attached Agreement between Brazos County and Stanley Security for the provision of goods and services described in the attached Customer Agreement constitutes a contract. The Brazos County Commissioners Court finds that this is a contract for goods and services for which competition is precluded due to limited availability by a sole source and is made by a county under Local Government Code §262.024(a)(7)(A). This Order is made pursuant to Local Government Code §262.024(a)(7)(A) and is to be entered into the Commissioners Court minutes. APPROVED' (DlSAPPROVED () BY COMMISS ONERS COURT ON 2L, 1,_. ��%Ul D (DATE) Duane Peters, ounty Judge vol.pg. �� A To: Charles Wendt Organization: Brazos County Detention, Bryan TX Phone: Fax or email: cwendt@brazoscountytx.gov STANLEY Convergent Security Solutions 8350 Sunlight Dr., Fishers, IN 46037 Q#180293 QUOTATION Touch Screen PC replacements #180293 and ONSSI integration 8/30/18 Charles, Per your request, Drew Appleby did a walk of the Facility mentioned above on November 21, 2017. What we found is the current Control Workstation computers are in need of being replaced as well as need the latest Wonderware HMI licenses. The current 4 Workstations in Central have been replaced not too long ago and are performing fine. The older machines are running a Windows XP platform which is no longer available to purchase or receive updates. We highly recommend replacing the 12 older XP machines with the Windows 10 platform. This will require an updated Wonderware HMI software License as well. As a benefit you will also notice the PCs will run much more efficient and faster than before. Once we receive the computers and all the software in house, we will configure and network the Windows 10 for your PLC system. Next, we will load the current Wonderware graphics and new licenses. Last, we will set up all machines in shop, verify task grouping and network communications, and begin to fully test them. When the machines are done, we will ship them to site for you to install unless you elect the option below for Stanley to install. If we install an onsite tech will deliver, install, and support the changeover of each machine. With an onsite tech, your online support connection into your system from our office, the transition will go very smooth. ONSSI integration: If the option below is selected, we will integrate the touchscreen system with your ONSSI system. We have not included any ONSSI material, software, or licenses in this proposal. Timeline and Schedule: After receipt of order, the following will be your timeline: 2 Weeks to order all machines, software, and licenses 2 Weeks to setup, configure, network, and test your machines in house 2-3 Days onsite to install and test machines Installation Requirements: Stanley Security will provide necessary installation (if option is selected), programming and start-up of the proposed system that meets and/or exceeds federal, state, local and all applicable code requirements. Any damage to the Work prior to completion of the Scope of Work, which is not the fault of Stanley Security may be corrected and rectified by us for an additional charge. Any existing defective equipment can be repaired or replaced at an additional charge. Training: This Proposal includes informal training for Administrative, Operational and Maintenance personnel so a full understanding of day-to-day operation can be best utilized. Exclusions: - --Conduit ornetworkin -- Replacement of defective existing wiring Camera call up (unless option is selected below) Repair or adjustment to Existing Devices, CCTV System, Audio System, controlled doors, and any system field devices. Licensing and Permits Pg. /0,5 STANLEY Convergent Security Solutions 8350 Sunlight Dr., Fishers, IN 46037 Q#180293 Miscellaneous: We work under the terms of a purchase order or signed agreement only. No applicable taxes or bonding have been included in our price. (See add option price for Bond). Shipping and handling is included. We are pleased to provide this quotation, and we hope it meets with your approval. We will wait to proceed with this change until we receive a Purchase Order/Signed Sales Agreement. BASE PRICE Equipment and services included: (12) .........Touchscreen PC with dual NIC cards (12) ......... Wonderware license (1 lot) ......Labor, Touchscreen programming (1 lot) ......Labor, Security Management Server updates (1 lot) ......Labor, Assembly (1 lot) ......Labor, On-site validation, incl. travel time, mileage, per diem (1 lot) ...... Freight (1 lot) ...... Warranty Price...................................................................................................... Base Price $72,000 00 Installation Recommended Option for technician on-site for computer delivery plus support to install and test new control stations. This also includes travel and travel costs Price...................................................................................................................Add $2,500.00 ONSSI Integration Touchscreen IF Camera Integration. Online connection to the facility is required for support Price.................................................................................................................Add $42,000.11 Option for Proformance and Payment Bond Price...................................................................................................................Add $1,165.00 COMPLETE PROJECT PRICE LISTPRICE........................................................................................................... $117,665.01 TOTAL PRICE WITH CUSTOMER DISCOUNT(10%)........................................ $104,850.01 If you have any questions, -please feel free to call. Sincerely, David Beeler Senior Sales Engineer david beelerftsbdinc coin 317-796-6241 mobile - b®1. pg. 16 STANLEY Convergent Security Solutions 8350 Sunlight Dr., Fishers, IN 46037 Q#180293 Terms and Conditions GENERAL Terms are due upon receipt. SCSS works under the terms of a purchase order only. We will wait to proceed with this change until we receive a Purchase Order or Signed Sales Agreement. SCSS is not responsible for any work associated with hazardous materials (i.e. asbestos, lead paint, etc) that is associated with the work. This work will be the responsibility of the Owner or General Contractor. All paperwork to be addressed to: Stanley Convergent Security Solutions, Inc. Please scan and email the Purchase Order or Signed Sales Agreement, W-9, and a Tax Exempt Certificate and mail the originals to our main office to my attention. If you have any questions, please feel free to call. WARRANTY SCSS warrants that the engineering and equipment will be free from defects in material and workmanship for a period of 1year from the date the system is placed into operation. If during this warranty period, any of the equipment or parts are defective or malfunction, they will be repaired or replaced free of charge. Warranty repair and/or service shall be provided in accordance with the terms and conditions set forth in the Agreement between SCSS and Owner. DISCLAIMER OF ALL OTHER WARRANTIES: EXCEPT FOR THE FOREGOING LIMITED EQUIPMENT WARRANTY DESCRIBED ABOVE, SCSS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IT IS EXPRESSLY AGREED THAT UNDER NO CIRCUMSTANCES SHALL SCSS BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, WHETHER ARISING UNDER ALLEGED BREACH OF AGREEMENT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY. AND SCSS'S LIABILITY SHALL BE STRICTLY LIMITED AS STATED ABOVE. ADDITIONAL CHARGES: 1. All prices quoted do not include sales tax or bonds unless specifically written on the face of the proposal. 2. Unless otherwise stated in the proposal, the price quoted is FOB shipping point. All shipments will be UPS ground. 3. Applicable permitting fees will be billed on a pass-through basis. 4. The price quoted assumes installation will be performed during SCSS's normal working hours and using its own personnel. If Customer requests the installation or any part thereof to be performed outside ordinary business hours or, if the installation must be performed by outside contractors, or SCSS's wage rates do not apply as a result of prevailing wage requirements, or otherwise, then the installation charge will be adjusted accordingly. 5. Any changes to the system required by any government agency or Authority Having Jurisdiction will be billed to Customer, and are not the responsibility of SCSS. INSURANCE: SCSS will carry Liability Insurance and Workers Comp. Insurance and will provide Certificates of Insurance to Contractor, with Contractor named as Certificate Holder, prior to the execution of any work. In the event SCSS is required to indemnify Contractor, Owner or a third party, the indemnification shall be limited to the installation amount. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions attached hereto are satisfactory and are hereby accepted. SCSS is authorized to do the work as specified. Payment will be made as outlined above. Stanley Convergent Security Solutions, Inc. Written By: David Beeler Title: Senior Sales Engineer Approved and Accepted by Stanley CSS By: Title: Date: Customer L Approved By: Title: Date:- -- - -- �- — -- . — — This proposal may be withdrawn by us if not accepted within thirty (30) days. pg. /0S 1 BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2018-University RV Park Final Plat DATE OF COURT MEETING: 9/18/2018 ITEM: Final Plat of University RV Park Lot 1 and Drainage Common Area along with request for variance to Article 7.H.3 of the Brazos County Subdivision Regulations pertaining to drainage and flood control; 17.839 Acres, J.M. Barrera Survey, A-68, Tract 19; Brazos County, Texas. Site is located in Precinct 1. TO: Commissioners Court FROM: Karen Tyler DATE: 09/12/2018 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 NOTES/EXCEPTIONS: • Owner/Developer: M -Group Ventures, Peach Creek LLC • Engineer/Surveyor: J4 Engineering/Kerr Surveying LLC ATTACHMENTS: File Name Description Tvoe County_ Variance_RequesLpdf Variance Request Backup Material University_R1_Park- Application_ for Development. pdf Application for Development Backup Material University_RV_Park-Final _Plat.pdf Plat Backup Material APPROVED kduane eters ate County Judge Vol. Pg. /G6 J IngineefingGlenn Jones PE #97600 s ?i `, C P #9020-06A' +- Firm #9951 Consulting • Engineering a Construction Services Prarthana Banerji, PE -CFM County Engineer Brazos County 2617 Highway 21 Nest Bryan, TX 77803 RE: University RV Park — Variance Request Ms. Banerji: PO Box 5192 Bryan, Texas 77805 Phone. 979-739-0567 gjonec@ j4engineering. com September 7, 2018 As we discussed, this letter is to formally request a variance to Article 7, Section H-3 of the County's Subdivision Ordinance. The requirement to place all drainage ways within a common area lot was designed for multi -lot residential subdivisions where a Home Owners Association (HOA) would be created and tasked with protecting storm flow paths. This requirement was not intended for one lot subdivisions with a sole owner, which is the case with the final plat for University RV Park. Instead, we have placed the drainage way and the entire lake associated with this property into a private drainage easement. This easement will provide the intended protection for the storm water flows and the property owner will be tasked with any necessary maintenance for that area. This casement is in accordance with Section 1-1 4 of the same Article as well as all other requirements of Section H relating to Drainage and Flood Control. If there are any questions or if further information or revisions to the final plat is needed, please do not hesitate to contact me at 979-739-0567. "Aggie Owned and Operated" 1 tea. C;�_ ffD__ Pg. �° PLAT APPLICATION Brazos County Road & Bridge Office 2617 SH 21 West Bryan, TX 77603 Telephone: (979) 822-2127 Fax: (979 775-0456 Email: plats@brazoscountvtx.gov L -a- 0- o YES77 NO APPLICATION DATE': 0423/2018 RESUBMITTAL - Ll PROJECT! SUBDIVISION NAME: University RV Park PROJECT ADDRESS OR LOCATION; 19191 STATE HIGHWAY 6 S LEGAL DESCRIPTION:A006800, J M BARRERAA-68, TRACT 19 IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS: nta NUMBER OF LOTS: 2 TOTAL ACREAGE 17.84 JURISDICTION: CITY LIMITS ki College Station ETJ 7 OUTSIDE ALL CITY LIMITS AND ETJs COMMERCIAL ' Notification of Application completenesswlll be given within 10 days of Application date. All incomplete Applications will he rejected. This Appifcatlon shall expire five (5) years from the Application date of the projecL MASTER PLAN SIMPLIFIED PLAT PRELIMINARY PLAN FINAL PLAT AMENDING PLAT REFIT RESIDENTIAL IRENTAL MANUFACTURED HOME COMMERCIAL COMM LAITY ISANY OF THE PROPERTY LOCATED INA FLOODPLAIN OR FLOOD HAZARD ARFA7 YES ✓ NO Acknowledgment: The flood hazard. boundary maps and other flood data used by Brazos County in evaluating flood hazards to proposed Developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes.Issuance of a Floodplain Permit in accordance vfith the Brazos County Flood Damage Prevention Ordinance does not imply that Development outside the areas of special flood hazard will be free from flooding or flood damage: Issuance of a permit shalt not create liability on the part of Brazes County or any officer or employee. of Brazos County in the event flooding or flood damage does occur. s0 0Xam ti n 73 PWILLANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? - YES II/ NO o o COUNTY ENGINEER ''' 0� ADOBE (.pdf file) ✓ AuIoCAD (.dwg file) (Email To. plats@brazoscountytx.gov) 971 ADDRESSING ® ADOBE (pdf file) a AutoCAD (.dwg file) (Email To: aisCav)brazoscnuntvtx.aov) ` O D' 0 a x-, vol. c;2 yd P9 /ori ", u��:� Vim; APPI'i16CAN7TINFORMAT. ION„ .5= : „ 'Lr%. x x }y'I, .„at!'s, r'x `k;, FIRM NAME: M -Group Ventures Pg,pc.L' Creek, L L C -- CONTACT: Kenneth Hutcherson ADDRESS: 19191 State Highway 6 - CITY:CollegeStation STATE: TX ZIP:77845 PHONE: 979-220-0114 FAX: EMAIL: khutcherson@rustidrim.com PROPERTtY,OWNER INFORMATK)N , f .a' -,_ - .,. ,��.. tYk+^s ?_",.; .,age ' ...o,.r' jw" - ,= .a.: °.. � . i•.,:: r FIRM NAME: Same as applicant. CONTACT: ADDRESS: CIN: STATE: ZIP: PHONE: FAX: EMAIL: rtyy, y^ pry FIRM NAME: J4 Engineering CONTACT: Glenn Jones, PE -CFM ADDRESS: PO Box 5192 CITY: Bryan STATE; TX ZIP:77605 PHONE: 979-739-0557 FAX: EMAIL: gjcnes@j4engineering.com �£ '^moi �tl5} IN: M "F•Y,yrg�N4�4 'S? dBG."F9k[j}-. im% FIRM NAME: Kerr Surveying, LLC CONTACT: Brad Kerr ADDRESS: 409 N Texas Ave CITY:Bryan STATE: TX ZIP:77603 PHONE: 979-258-3195 FAX: EMAIL: ,.,,,.o .�xeWYv "zvp n,s tswe'py'U?^ a�" 77"?.a..+'""+"`TMt'"?"..Yt" �OT�ER'INFDRMA710N5��.,�-. FIRM NAME: CONTACT ADDRESS: CITY: - STATE: ZIP: - PHONE: FAX EMAIL: Vol Yo Pg �° By my signature, I hereby affirm that I am the property Owner of record, or i{ the Applicant is an organization or business entity, that authorization has been granted to represent the Owner, organization or business in this Application. I certify that the preceding information is complete and accurate, and it is understocd that I agree to the DevelopmenUSubdivision of this property. SIGNATURE: PRINTED NAME: DATE: SIGNATURE: PRINTED NAME: DATE: By signing this form, the Owner of the property authorizes Brazos County to begin proceedings in accordance with the process for this type of Application indicated on page one of this Application. The Owner further acknowledges that submission of an Apptimtion does not in any way obligate the County to approve the Application and that Wough County staff may make certain recommendations regarding this Application, the Commissioners Court may not follow that recommendation and may make a final decision that does not conform to the staffs recommendation. "= Application Check List: Copies of finished plat with corrections (if any): b�Three (3) hard copies to Brazos County One (1) .pdf copy to Brazos County One (1) .dwg copy to Brazos County V One (1) hard copy to Brazos County Health District g/ One (1) hard copy to Brazos County 911 e/ One (1) hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): Letter from Brazos County Health District - For On-site sewage evaluation. Letter from Brazos County 911 - For Road names. Letter from Water District or Company. - Stating water availability, etc. If property is within an Extraterritorial Jurisdiction (ETJ) of a City: ®Approval notification from appropriate City. Applicant attests that they have signed this Application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this Application is not finished or dated until all documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above. Vol. o2 a'� Pg. //0 Every Simplified Plat shall include all of the following: . ®Title Block with the following information: 0 Name, address, telephone and email address of Subdivider, recorded Owner. Engineer and surveyor. ElProposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) (Replats need to retain original Subdivision name.) Date of preparation. (Include the date of any revisions on the plat.) Engineer's scale in feet. Total area intended to be developed. Proposed number of Lots to be developed. Re -plat or Amending Plat, existing Lot and Block description or Abstract name and number. I!/ North arrow. l� Drawn on 24" x 36" sheet to scale of 100 -feet perinchor larger. Subdivision boundary indicated by heavy lines. Boundary must include all of Parent Tract. All horizontal control and vertical elevations depicted on the plat shall be tied to NAD83 and NAVD 1988 Datum. FA vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plat. RIM adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plat drawing. County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. Road names and Right -of -Way width for all Roads. (Existing and proposed) All existing and proposed plat boundary lines, phase/section lines, and Lot lines with bearings and dimensions. . WIUtility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) Pipelines. label company with volume and page. All certification language as found in Appendix C. Easements and rights-of-way shall be dedicated to the public. The dedication of all Easements and rights-of-way shall be accomplished free of liens. The dedication shall be accompanied by the Certificate of Ownership and Dedication language found in Appendix C. The Owner's and any''lien holder's dedication, and restrictions if any duly acknowledged in the manner required for acknowledgement of deeds, shall also be provided. All proposed Easements and existing Easements of record that have a designated route shall be shown on the plat with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. IV—IBuilding Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a plat note. ZMetes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), . describing a beginning point and reciting bearings 'and distances to a corner of the origin and-grent-survey-of-wMe4i-the-6 division is a part, according vol: a 66 Pg. /// to the best available data. (Shown on drawing; not separate description) ❑✓ All Subdivision external corners, angle points, points of curvature and points of tangency shall be set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded and shall be a TxDOT "Light Duty Setting" monument with an aluminum or bronze disk as specified in Appendix C of the TxDOT Survey Manual of April 2011. Alternately, Bernsten® Standard Aluminum Base monument (or equivalent as approved by the County Engineer) embedded and backfilled with compacted sand may be used. All Daughter Lots, Blocks and rights-of-way within the Subdivision shall be fully monumented in compliance with the Texas Board of Professional Land Surveying Act and the Board Rules set by a Registered Professional Land Surveyor (RPLS) before the plat .is recorded. aPrimary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. All boundaries shall be tied to a County control monument. aThe plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. ❑� The On-site Sewage Facility (OSSF) setback as required by the Brazos County Health District. The location, zone classification and panel Effective Date of the 100-Year Floodplain as identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). ❑ If there are any areas within the plat that include a FEMA-mapped Floodplain with a Zone A classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 64 acres, the plat shall also show the extent of the 1007Year Floodplain as determined by an engineering study under the seal of a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points within the plat. EIBFE's shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA-mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. F-1A minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum FFE shall be twelve (12) inches higher than the highest spot elevation that is located within five (5) feet outside the perimeter of the Building, or two-.feet above the BFE, whichever is higher. If any areas within the plat include a 100-Year Floodplain (as determined by the results of an engineering study or as established by FEMA), a benchmark shall be established by the Owrier within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FFE. A separate drawing containing both existing and proposed topographic information at 2-FT contour intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). FThe certification language as found in Appendix C for both the Commissioner's Court approval and the County Clerk's filing certificate shall be located on the face of the plat. These signatures shall be obtained after approval by the Brazos County Commissioner's Court. aIf any Lot within the plat will be served by a well or an On-site Sewage Facility (OSSF), a letter must be provided by the Brazos County Health District stating they have examined the plat and that it is in compliance with the Brazos County On-site Sewage Facility (OSSF) Regulations, Construction Standards for,On-site Sewage Facility (OSSF) Regulations as published by theSexas Commission on Environmental Quality (TCEQ). This letter must be signed by a representative'.of the District prior to Final Plat approval. If the plat contains a wate —we+-eite—,t1here—shaI1—be a d iction of the TCEQ separation vol. oZ;�O Pg. //off requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. If rural route mailboxes are proposed, the plat note as found in Appendix G.2 for placement of such mailboxes shall be shown on the face of the plat. If any areas of the plat are located outside of all incorporated areas, the plat note as found in Appendix GA regarding the requirement to obtain a unique Development Permit from the Brazos County Floodplain Administrator prior to locating or altering a structure or land shall be placed on the plat. It is the responsibility of the Owner to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. Driveway culverts for all Lots shall be designed by a Licensed Professional Engineer. ElIf entrances or driveways are proposed fronting Texas Department of Transportation (TxDOT) controlled highways, farm -to -market Roads, or others, copies of correspondence with TxDOT are required to be submitted with the Preliminary Plan stating that the general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is required prior to approval of Final Plat. The diameter and length for each driveway culvert shall be shown on a table on the plat. This information shall also be placed in the deed restrictions for the Lots in the Subdivision. ❑✓ The Owner shall provide a letter of serviceability from an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. Any Improvements proposed within the Right -of -Way including, but not limited to, irrigation, landscaping, sidewalks, Subdivision identification signs, etc. shall be maintained in accordance with an executed license agreement between the County and the Owner. This check list along with the required copies of the plat shall be submitted to the County Engineer for approval. Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins if needed. All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. Vol P g. Every Master Plan / Preliminary Plan shall include all of the following: Title Block with the following information: E]Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) F]Date of preparation. (Include the date of any revisions on the plan.) Engineer's scale in feet_ Total area intended to be developed. Proposed number of Lots to be developed. Abstract name and number. FThe Preliminary Plan shall carry the legend "PRELIMINARY PLAN FOR REVIEW PURPOSES ONLY". North arrow. Drawn on 24" x 36" sheet to scale of 100 -feet per inch or larger. Subdivision boundary indicated by heavy lines. Boundary must include all.of Parent Tract. All horizontal control and vertical elevations depicted on the plan shall be tied to NAD83 and NAVD 1988 Datum. FA vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plan. FAII adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. EIAII parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plan drawing. County ,boundaries, .City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. MRoad names and Road designation (whether the Road will be public or privately owned), pavement width and Right -of -Way width for all proposed Roads within and all existing Roads abutting the plan. (Proposed and existing) FIAII existing and proposed plan boundary lines, phase/section lines, and Lot lines with bearings and dimensions. Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) (Existing and proposed.) ❑ Pipelines: label company with volume and page. FThe Preliminary Plan (including the entire Parent Tract if only a portion of that tract isto_be ]subdivided) shall be shown on a single sheet, regardless of its acreage. The Preliminary Plan may also be shown on multiple sheets if necessary to show all detail and required information as required by this section. ❑ Size, in acres, : of all Daughter Tracts. BCenterline tangent lengths and curve data for all proposed Roads. Easements and rights-of-way shall be dedicated to the public. The dedication of all Easements and rights-of-way shall be accomplished.f ea-gf lips. Vol. O . EIAll proposed Easements and existing Easements of record that have a designated route shall be shown on the plan with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. Building Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a plan note. MMetes and bounds description .of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to a corner of the original land grant survey of which the Subdivision is a part, according to the best available data. (Shown on drawing; not separate description) ElPrimary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. All boundaries shall be tied to a County control monument. ElThe plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. The On-site Sewage Facility (OSSF) setback as required by the Brazos County Health District. The location, zone classification and panel Effective Date of the 100 -Year Floodplain as identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). El If there are any areas within the plat that include a FEMA -mapped Floodplain with a Zone A classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 64 acres, the .plat shall also show the extent of the 100 -Year Floodplain as determined by an engineering study under the seal of a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points within the plat. BFE's shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA -mapped Floodplain with a Zone AE classification exists within.the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. E A minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum FFE shall be 12 -inches higher than the highest spot elevation thabis located within five feet outside the perimeter of the Building, or two -feet above the BFE, whichever is higher. ElIf any areas within the plat include a 100 -Year Floodplain (as determined by the results of ,an engineering study or as established by FEMA), a benchmark shall be established by the Owner within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FFE. F1A drawing containing both existing and proposed topographicinformation at 2 -FT contour intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). If the plat contains a water well site, there shall be a depiction of the TCEQ separation requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. ElIt is the responsibility of the Owner to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. ElThe Owner shall provide a letter of serviceability from an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. ElIf entrances or driveways are rtment of Transportation (TxDOT) Vol. pg. //5 controlled highways, farm -to -market Roads, or others, copies of correspondence with TxDOT are required to be submitted with the Preliminary Plan stating that the general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is required prior to approval of Final Plat. ❑ For Road widening and drainage purposes the Owner shall dedicate the Right -of -Way. In the case of drainage that is provided for the Lots, it shall be located outside of the Right -of -Way in a private drainage Easement. In the case of drainage that is provided for the Roadway, it shall be located within the Right -of -Way. Indicate the centerline length of each Road in the proposed Subdivision and its design speed. If the Roads within the Subdivision will be privately maintained, include the appropriate note(s) per the requirements of Article 8 of these Regulations. Locations of existing and proposed private alleys. ❑ Locations of existing and proposed public areas. FLocations of other public Improvements, including but not limited to parks, schools and other public facilities. The location of proposed cluster mailboxes, as required. ❑ All proposed Off-site Easements for infrastructure construction must be shown on the Preliminary Plan. ElProposed phasing. Each phase must be able to stand alone to meet requirements of these Regulations. lLocation and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. If the proposed Preliminary Plan is to be a Private Subdivision (containing privately maintained Roads), the title of the plan shall contain the phrase, "A Private Subdivision". Refer to Article 8 for additional requirements. El This check list along with the required copies of the plan shall be submitted to the County Engineer for approval. Include a description of contributing drainage to the proposed Subdivision. The submittal shall include the area, slope and type of Development in the contributing area. Drainage narrative in compliance with the BCEDG. ElClearly indicate the method of sanitary sewage treatment and/or disposal such as, but not limited to, municipal sewer service, private sewage disposal system and On-site sewage facilities including the size and location of all proposed sewer mains and manholes. Preliminary grades for each main between manholes and the depth at each manhole shall also be shown. All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. E Ca r5 Pg. Every Final Plat must include all of the items provided on the Simplified Plat checklist as well as the following: 0 For Road widening and drainage purposes the Owner shall dedicate the Right -of - Way. In the case of drainage that is provided for the Lots, it shall be located outside of the Right -of -Way in a private drainage Easement. In the case of drainage that is provided for the Roadway, it shall be located within the Right -of -Way. If public Roadways are to be built as part of the plat, the plat note regarding the responsibility for construction of Roadways as found in Appendix G.3 shall be placed on the face of the plat. EJThe plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. Indicate the centerline length of each Road in the proposed Subdivision and its design speed: ElIf more than four mailboxes are to be provided within the Subdivision, cluster mailboxes shall be provided and the location of such shall be indicated on the plat. If the Roads within the Subdivision will be privately maintained, include the appropriate note(s) per the requirements of Article 8 of these Regulations. Locations of existing and proposed private alleys. 8 Locations of existing and proposed public areas. Locations of other Public Improvements, including but not limited to parks, schools and other public facilities. All Off-site Easements for infrastructure construction must be shown on the Final Plat with a volume and page listed to indicate where the separate instrument, Easements were filed. Separate instrument Easements must be filed prior or concurrently with Final Plat. F] Proposed phasing. All phasing shall be in accordance with the approved Master Plan and/or Preliminary Plan and each phase must be able to stand alone to meet requirements of these Regulations. Infrastructure costs should be separate for each phase of the Subdivision. Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property. ElIf the proposed Final Plat is to be a Private Subdivision (containing privately maintained Roads), the title of the plat shall contain the phrase, "A Private Subdivision". Refer to Article 8 for additional requirements: - In the case of an On-site Sewage Facility (OSSF), the Developer shall be responsible for providing a Development Plan, as performed by a Professional Sanitarian, a Licensed Professional Engineer, or person certified as required by TCEQ Title 30 TAC Chapter 285. The sewage disposal plan shall be performed according rules and regulations established by the Brazos County On-site Sewage Facility (OSSF) Order and TCEQ Title 30 TAC Chapter 285. Vol. �4 pg.i/� .i`wli �.......... .. ... is �....... ,...... �r. . n.. TO I., .. o ..... .. ... ... ... ,...._.�. �.. ..__-� 0 FINAL PL,IAr Umversiq' R V!:'>rk Lot 7 . R A. .i`wli �.......... .. ... is �....... ,...... �r. . n.. TO I., .. o ..... .. ... ... ... ,...._.�. �.. ..__-� 0 FINAL PL,IAr Umversiq' R V!:'>rk Lot 7 . 0 FINAL PL,IAr Umversiq' R V!:'>rk Lot 7 The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this (q()"I day of A.D. 2018 aren McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this, day of 2018. &,A Duane Peters, County Judge Steve Aldrich, Commissioner Precinct #1 — L L -W, 7�?� Sam Catalena 6mmissioner Precinct #2 Treasurer's Report for the MONTH JULY 2018 E6-2- J7 =69P g all v u v om a Tocnci mco c RPennT This report Is submitted as true and correct to Commissioners Court b� / \q/ta hJ a 1-+-C�„ ✓i J . Brazos County Treasurer, on / 4) CASH BALANCE 6/30/2018 INCOMING I INVESTED TE%POOL INTEREST - July SUB -TOTAL DISBURSED CASH BALANCE 7/31/2018 INVESTED CK-ACCT.BAL. 7/31/2018 0100 -GENERAL FUND 62602139.39 5,482188.57 26,539.40 68110867.36 8,990145.67 59,120721.69 16563,338.66 42,557383.03 0200- COUNTY HEALTH ENDOWMENT FUND 661,576.01 944.96 652020.99 662,020.99 662020.99 1100 - HOTEL OCCUPANCY TAX 1580,22570 294 783.69 1 875 009.39 13 850.73 1 661 158.66 1,861 156.66 1200 - STATE LATERAL ROAD 60 701.92 40.63 60,742.75 60 742.75 60,742.75 1300 -UNCLAIMED FUNDS 207447.74 139.53 207567.27 207587.27 - 207,587.27 1500 -LAW LIBRARY 67318.09 9084.93 714D3.02 2,894.25 68,508.77 68506,77 160D- LOCAL PROVIDER PARTICIPATION 7,374,026.39 4,959.83 7,378,986.22 275 858.51 7,103,127.71 7103 127.71 170D - ALTERNATIVE DISPUTE RESOLUTION 2,921.11 2,655.00 5,576.11 2,921.11 2,655.00 - 2,655.00 1800-LEDSE FUND 45850.78 45850.78 2,913.00 42,937.78 42937.78 1900 - COUNTY RECORDS MANAGEMENT 339 619.91 7,833,35 347 453.26 13 451.26 334,002.00 339 OD2.00 2000 -,COUNTY CLERK MGMT.FUND 867 218.86 33 049.39 900,263.25 23 766.57 876,496.68 - 876496.68 2001 - COUNTY CLERK ARCHIVAL FUND 1,529,523.70 31 513.77 1,561,037.47 1,561.037.47 1,561,037.47 2200- COURTHOUSE SECURITY FUND 133,917.27 7832.66 141749.93 33343.49 108,406.44 1D8406.44 2201 - JUSTICE COURT SECURITY FUND 82 890.01 1,106.02 83 996.03 83 996.03 83 996.03 MD- DISTRICT CLERK MANAGEMENT FUND 200295.19 1924.06 201719.25 201,719.25 201719.25 2301 - DISTRICT CLERK ARCHIVAL FUND 87 568.29 1,603.90 89 172.19 1,885.02 87,287.17 - 87,287.17 2400- JUSTICE @ PEACE- TECHNOLOGY FUND 169,556.23 3,515.93 173082.16 37.99 173044.17 - 173044.17 2401 -CO.& DIST.000RT TECHNOLOGY FUND 69,655.46 681.75 70,337.21 70,337.21 - 70,337.21 2500 - SPECIAL FORFEITURE FUND 28 428.35 19.12 28 447.47 28,447.47 28,44T47 2600 - D/A HOT CHECK COLLECT FEES 3,001.86 92.91 3,094.77 3,094.77 - 3,094.77 2700 - BAIL BOND BOARD FEES 94,085.37 563.28 94,648.65 189.62 94,459.03 - 94,459.03 2800 - VOTER REGISTRATION 11,535.66 2,537.06 14 072.72 7,304.71 6.76B.01 - 6,768.01 2900 - VIT INTEREST FUND 198,075.80 438.11 198 513.91 198,513.91 198 513.91 3000 - COUNTY GRAMS 63 351.15 153,280.53 216 631.68 158,442.57 5H 189.11 58 189.11 3400 - DIA CRIME FUND 140 254.91 1995.90 142 250.81 1117,15 14D,503.46 - 140,503.46 3500- PRIMARY ELECTION SERVICES 9,406.67 - 6.33 1 9,413.00 9,413.00 3901 - SC HOUSING FINANCE CORP 50,219.68 2,696.87 52 918.55 3,653.57 49 264.98 49 264.98 4315 - 2015 CERTIFICATES OF OBLIGATION 447,265.87 300.83 447 566.]0 447 556.70 447 566.70 4317 - 2017 CERTICATES OF OBLIGATION 20,229 114.92 13 606.26 20 242 721.18 17 488.22 20 225,232.96 20,225 232.96 4500- GEN.PERMANENT IMPV. 18,170 509.71 15 925.00 18 186 434.71 69,835.88 18 116,598.83 18 116 598.83 5000 - HEALTH & LIFE INSURANCE 5,812,793.50 1 239 330.89 7,052 124.39 1 396 898.28 5 655,226.11 - 5:655,226.11 5000 - PAYROLL 926 534.54 2,687t363.74 3,613,898.28 2,665 320.41 948,577.87 948 577.87 9160- HEALTH DEPARTMENT 989078.42 125713.31 1,114,791.73 229822.12 884969.61 889969.61 9700- COMMUNITY SUPERVISION 1,183,309.89 207,421.72 - 1,390,731.61 301,770.03 1,088,961.58 - 1,088,961.56 TTL.OF ACCTS.IN POOL - 124,439,428.35 10,329,147.05 26,539.40 134,795,114.80 14,213,540.36 120,581,574.44 16,563,338.66 104,018,235.78 4100 - GEN.DBLIG.DEBT SVC. 14,777 512.65 314 830.58 - 15,092 343.23 330.0015 092 013.23 - 15,092 013.23 �jj TOTAL 139,216,941.DD 10,643,977.6 26,539.40 149,887,458.03 1 14,213,870.36 1 135,673,587.67 16,563,338.66 119,110,249.01 This report Is submitted as true and correct to Commissioners Court b� / \q/ta hJ a 1-+-C�„ ✓i J . Brazos County Treasurer, on / 4) I It6Tn Coversheet DEPARTMENT: DATE OF COURT MEETING: ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT ATTACHMENTS: File Name batchinl 17265.odf batchinl 23172.odf BRAZOS COUNTY BRYAN,TEXAS NUMBER: 9/18/2018 Expenditure Journal Entries 080207 • 090043-090044 Commissioners Court 09/13/2018 False False $0.00 Description Exps JEs Exps JEs 2 Page 1 of 1 � 3 Type Backup Material Backup Material APPROVED Duan eters I D County Judge E � P9• �� I https://brazos.novusagenda.com/agendaweb/CoverShect.aspx?ItemI D=17908 19 9/14/2018 SUNGARD PENTAMATION DATE: 09/13/2018 BRAZOS COUNTY, TX TIME: 12:32:44 BATCH JOURNAL ENTRY EDIT LIST CONTROL NUMBER J E NUMBER DESCRIPTION PERIOD/YR STATUS RECORD FUND DIV/FUND ACCOUNT PROJECT ACCOUNT ITEM DESCRIPTION 09#18#CC 080207 TRVL REIMS- B ERRATT 11/18 COMPLETE 352313 0100 10000100 61801000 LONGVIEW 8.9-10.18 352314 0100 0100 20122610 LONGVIEW 8.9-10.18 TOTAL JOURNAL ENTRY TOTAL CONTROL NUMBER TOTAL REPORT PAGE NUMBER B30URN11 DEBIT AMOUNT CREDIT AMOUNT 26.00 26.00 26.00 26.00 26.00 26.00 26.00 26.00 1 SUNGARD PENTAMATION PAGE NUMBER DATE: 09/13/2018 BRAZOS COUNTY, TX BJOURNII TIME: 12:29:03 BATCH JOURNAL ENTRY EDIT LIST CONTROL NUMBER J E NUMBER DESCRIPTION PERIOD/YR STATUS RECORD FUND DIV/FUND ACCOUNT PROJECT ACCOUNT ITEM DESCRIPTION DEBIT AMOUNT CREDIT AMOUNT 09*18°CC 090043 EXPO INCENTIVE REWAR 12/18 COMPLETE 352307 1100 11002500 71530000 BLUEBONNET KICK OFF 500.00 352308 1100 1100 11005200 EXPO INCENTIVE REWAR 500.00 352309 0100 0100 11005200 EXPO INCENTIVE REWAR 500.00 352310 0100 0100 41011000 BLUEBONNET KICK OFF 500.00 TOTAL JOURNAL ENTRY 1,000.00 1,000.00 09'18=CC 090044 TRVL REIMB- P FREDER 12/18 COMPLETE 352311 0100 22000100 61801000 WOODLANDS 9.5-9.18 1,014.86 352312 0100 0100 20339800 WOODLANDS 9.5-9.18 1,014.86 TOTAL JOURNAL ENTRY 1,014.86 1,014.86 TOTAL CONTROL NUMBER 2,014.86 2,014.86 TOTAL REPORT 2,014.86 2,014.86 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2017-2018 BUDGET YEAR NO. 17/18 50.1-50.3 On this the 18th day of September 2018 at a'regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Steve Aldrich, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Nancy Berry, Commissioner, Precinct 3 Irma E. Ira Cauley, Commissioner, Precinct a F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 18th day of September 2018 the Court heard and approved a budget amendment for the 2017-2018 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 5 September 2017, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 18th day of September 2018. THE CONI TISSIONERS COURT OF BRAZOS COUNTY, TEXAS. B}' Duane Pet s, County Judge Original: County Clerk's Office and Attached to the original budget Vol, � O Pg. I� �. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 - 50.1 9118/2018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners Court Continaencv I Departmental Support 1,500.00 General Fund Sheriff Administration Professional Services 1,500.00 FUND DIV ACCT OR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contineencv 1500.110 0100 23000100 72150000 DR Clinic Services 1,500.00 Commissioners' Court and Sheriff Administration Reallocations of funds to the appropriate account to cover additional cost ofsexual assault exams. 'RbrAceouri[iriiPur asci (lnl'±a1^.�0:'!5i. Vol. mT':Wt,°'6'*iilr4- .` ip"'dry_,br:. ",.•Ti',ti'7* 't'!'�fG.+t` .'+..,"r--nfW M. FUND DIV ACCT OR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contineencv 1500.110 0100 23000100 72150000 DR Clinic Services 1,500.00 c:7 Pg. /�S BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 17118 - 50.2 9/18/2018 FUND DEPARTMENT i DIVISION CATEGORY DESCRIPTION Increase Decrease Gevoml Fund Couoty Treasurer I Dc ailmenlal Su ort 247.00 Geneml Fund County Treasurer Repairs 8Maint. 247.00 ACCT ORICR ACCOUNT NAME Increase Decrease 0100 12000100 6/801000 CR Travel 247.00 0100 12000100 65320000 DR E ui ment- maintenance 247.00 County Treasurer Reallocations of funds to the appropriate account to cover a maintenance on the folder/sealer equipment. For'.lccuunriii L'uFise� 11ni1'.:..u�......a"'....- w..+, ...�&�L'.. ;. n ,.� „x a�.�.� «� ac=. �.� rr.O., u.:Y'-"-,., ''� y..., F...c-c,aa 3•'9-�'+n� A+.� h >'S{�..-'tri': FUND DIV ACCT ORICR ACCOUNT NAME Increase Decrease 0100 12000100 6/801000 CR Travel 247.00 0100 12000100 65320000 DR E ui ment- maintenance 247.00 V0, x(J P9. %�(O- BRAZOS COUNTY, TEXAS REQUEST FOR BUDGET AMENDMENT REQUESTING DEPARTMENT: 12000100 - County Treasurer Division Description PLEASE ADJUST THE FOLLOWING: HEAD SIGNATURE I va. �U Pg, /� 7 DOLLAR TO AMOUNT ACCOUNT NUMBER ACCOUNT DESCRIPTION 65320000 Equip -Maintenance $ $247.00 $ $ $ TOTAL (A) $ $247.00 FROM ACCOUNT NUMBER ACCOUNT DESCRIPTION 61801000 Travel $ $247.00 $ $ TOTAL (B) $ $247.00 Total (A) should equal Total (B) Explanation: To reclassify budget to proper accounts. needed maintenance on the Folder/Sealer that folds our checks. HEAD SIGNATURE I va. �U Pg, /� 7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 17118 - 50.3 9/1812018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Pro netary Fund Health & Life Insurance Ocher Revenue 1.000,00 001 Pro tietary Fund Health & Life Insurance Contractual Services 1,000,000.00 Increase Decrease 5000 4602S700 CR Excess Risk Benefit 1.000,000.00 5000 64005000 71116000 DR health&Life -Sto Loss Prem 1,000000.00 f Pro rietanFund '1'o recoenize revenue to support the increase cost of Plealth & Life Sto Loss and Medical Claims for the remainder of FY 13. •. _. ___. -x•, q 7 ,i 'N4' ^i Y, �' .y ?. r �:'`vc4 % L'" 7 z.., —W -r.,�,:+, FUND DIV ACCT QR/CR ACCOUNT NAME Increase Decrease 5000 4602S700 CR Excess Risk Benefit 1.000,000.00 5000 64005000 71116000 DR health&Life -Sto Loss Prem 1,000000.00 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: September 18, 2018 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 Judge Beard, Angela Change of Status District Attorney Speakmon, Gibi Separation District Attorney — Crime Fund McClure, Cindy Change of Status Exposition Complex Diaz, John Sanchez, Tania Employment Separation Juvenile Services — State Aid Criddle, Steven Escalon, Julio Jackson, Carol Change of Status Change of Status Change of Status Road & Bridge Castillo, Osvaldo Separation Approved in Commissioners' Court: September 18, 2018 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Ad"d" Resolution naming THE MEETING ROOM AT THE HEALTH DISTRICT at 201 NORTH TEXAS AVENUE in honor of KEN BOST WHEREAS, Brazos County wished to recognize Ken Bost for his 34 years of service for the Health District; and WHEREAS, Ken Bost is retiring on October 5, 2018; and NOW THEREFORE, BE IT RESOVED that the Commissioner's Court of Brazos County hereby designates the Meeting Room at the Health District at 201 North Texas Avenue to be known now and hereafter as the Ken Bost Meeting Room. DJJLyY -adopted bb vote of the Commissioners Court of Brazos County, Texas on the I U � r\ day of `J , 2018. noset Duane Peters County Judge Commissioner Steve Aldrich Precinct 1 Commissi6fier Nancy Berry Precinct 3 18-011 vol.