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2018-12-28 10:00 AM SPECIAL MEETING
BRAZOS COUNTY B RYAN J EXAS ?'!S DEC I A i& NOTICE OF MEETING AND AGENDA SPECIAL CALLED SESSION �1�(iSCJl.ljli� U� � I;l,�S BRAZOS COUNTY COMMISSIONERS COURT BRAZOS COUNTY COMM] SSI ONE RS COURT WILL MEET INA SPECIAL CALLED SESSION AS FOLLOWS: MEETING DATE: December 28, 2018 MEETING TIME: 10:00 AM MEETING PLACE: Commissioners Courtroom of the Brazos County Administration Building, 200 South Texas Ave., Bryan, TX 1. Call to Order 2. Resolution honoring Judge Tommy Munoz for twenty-seven years of service to Brazos County. 3. Resolution honoring Marc Hamlin for twenty-four years of service to Brazos County. 4. Approval of Official Bonds. 5. Amended Travel Policy effective January 1,2019. 6. Permission for the Sheriff's Office to apply for the TxDOT, FY 2020, Selective Traffic Enforcement Program (STEP) Grant. 7. Funding Agreement with the Brazos County Rape Crisis Center, Inc. DBA Sexual Assault Resource Center for FY 2019. 8. 1 nterlocal Cooperation Contract between the Department of Public Safety (DPS) and Brazos County for administrative and operational support to DPS. 9. Contract with Arms of Hope forjuvenile residential services; term of contract is January 1, 2019 thru December 31, 2019. 10. Contract # 18-080 for Election Equipment, recommended award to Hart Intercivic. EV -1 g.' Pfl. (� �A 11. Contract # 19-100, Cementitious Slurry with Southern Cement Slurry, LLC. 12. Renewal of Contract # 19-103R Automotive & Equipment Oils & Lubricants with Petro Choice/Universal Lubricants. 13. Renewal of Contract # 19-105R, Heavy Machinery Rental with Mustang Rental Services. 14. Participation Agreement #19-109 for construction of public infrastructure improvements (waterline) on Arrington Road with LOP I nscore Arrington CS, LLC. 15. Consider and take action on the Bryan Texas Utilities (BTU) cost estimate of $136,366.26 for the relocation of a single phase electric line consisting of 17 poles with guys and anchors on Forsthoff Road. This work is needed in order to accommodate the improvements to be made to Forsthoff Road. Site is located in Precinct 2. 16. Consider and take action on the Magellan Pipeline Company utility permits to construct road bores for a 20 inch pipeline crossing under Rabbit Lane, Dilly Shaw Tap Road, Old Reliance Road, Elmo Weedon Road and Hardy Weedon Road. Original permits had expired and they are requesting approval again. Sites are located in Precinct 2. Budget Amendments 17. Budget Amendments FY 18/19 18. Payment of Claims Personnel Change of Status 19. Personnel Action Forms 20. Adjourn The County Administration Building, 200 South Texas Avenue, Suite 332, Bryan, Texas is Meelchair accessible. Flandicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. MINUTES DECEMBER 28, 2018 BRAZOS COUNTY COMMISSIONERS COURT SPECIAL CALLED SESSION 1. Call to Order A Special Called Session of the Commissioners' Court of Brazos County, Texas was held in room 106 in the Brazos County Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Friday, December 28, 2018 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 2. Resolution honoring Judge Tommy Munoz for twenty-seven years of service to Brazos County. The Court voted unanimously to adopt a Resolution recognizing, commending and thanking Judge Tommy Munoz on behalf of the citizens of Brazos County for twenty seven (27) years of distinguished service. The County Judge read aloud the resolution and then presented him with a plaque and county seal and thanked him for his years of service to Brazos County. Judge Munoz thanked his family, and the many staff members and elected officials he has worked with. A copy of the resolution is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 3. Resolution honoring Marc Hamlin for twenty-four years of service to Brazos County. The Court voted unanimously to adopt a Resolution recognizing, commending and thanking Marc Hamlin on behalf of the citizens of Brazos County for twenty four (24) years of distinguished service. The County Judge read aloud the resolution and presented him with a plaque and county seal and thanked him for his years of service to Brazos County. Mr. Hamlin asked his family to join him at the podium and introduced each member. Mr. Hamlin also thanked his family, staff and the many departments he has worked closely with. A copy of the resolution is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 4. Approval of Official Bonds. There were no bonds to approve. 5. Amended Travel Policy effective January 1,2019. A copy of the amended travel policy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 6. Permission for the Sheriff's Office to apply for the TxDOT, FY 2020, Selective Traffic Enforcement Program (STEP) Grant. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 7. Funding Agreement with the Brazos County Rape Crisis Center, Inc. DBA Sexual Assault Resource Center for FY 2019. A copy of the funding agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 8. Interlocal Cooperation Contract between the Department of Public Safety (DPS) and I- _.....________._.._� Brazos County for administrative and operational support to DPS. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 9. Contract with Arms of Hope forjuvenile residential services; term of contract is January 1, 2019 thru December 31, 2019. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 10. Contract # 18-080 for Election Equipment, recommended award to Hart Intercivic. Judge Peters stated there were several citizens that would like to speak to this item Michael Jackson stated that voting is the foundation of democracy in this country. He said there needs to be a paper trail of each vote to double check votes and for recounts. Mr. Jackson asked the Court to delay their vote and to select a voting system with a paper ballot. He also suggested that citizens be allowed to give more input. Judge Peters then asked for those speaking to limit their comments to four (4) minutes. John Miller mentioned he read a quote by one of the Commissioners in The Eagle saying that there is not much difference in the two voting systems. Mr. Miller said that the difference is that the ES&S system has a back up paper ballot that can be verified by the voter. He said he understands that the Court has a fiscal responsibility, but feels with the possibility of the law changing to require a paper ballot they should go forward with selecting a system with a paper ballot. Thomas Spellman asked how any system without a paper trail could be trusted. TC Langford was next to speak and stated that she is the chair for the Democratic Party but has spoke to people of different party affiliations. She said that in the last election votes were changed and we should want to safeguard against by allowing people to verify their vote with a paper ballot. Ms. Langford also stated that she has a problem with the Power Point presentation that was given. She feels the financial comparisons were not accurate. She said she does understand the security concerns. Ms. Langford suggested the Court delay their vote and do further investigating into the two systems. She also asked that the financial information be transparent to the public. Larry Gilbert asked to speak next stating he is a concerned citizen that has received phone calls from other concerned citizens. Mr. Gilbert expressed his desire for the County to choose a system with a paper ballot and choose the ES&S system. Judge Peters stated that the quote in The Eagle was from him and it was in regards to the ability to hack the voting system. He said that if one system can be hacked the other V01. one can be hacked also. He said he is concerned with moisture being an issue with the paper ballots. Judge Peters said there has been reports of problems with the moisture and other issues that have not been solved. He said that they have studied both systems and feels they have enough information to make the decision. Judge Peters said that the Purchasing Department has done a good job in researching both systems and calculating the numbers. At this point Judge Peters asked Purchasing Agent Charles Wendt to begin his presentation on the two systems. Mr. Wendt explained the cost comparisons of the two systems and the additional equipment that will be needed. Civil Counsel Ed Bull reminded the Court that if they take questions at this time that audience members must state their name for the minutes. TC Langford asked if Hart's paper ballot system has been financially assessed. Elections Administrator Trudy Hancock answered yes it had been addressed during the demonstration but the additional stations required would not be manageable at this time. Jody Quimby asked if the comparison was done on comparing apples to apples or apples to oranges. He also stated that people in other counties that have gone from the Hart system to the ES&S system say the service is the same. Mrs. Hancock stated that the comparison is apples to apples. She added that she has worked with both systems also and the level of service is the same with both vendors. Michael Jackson asked if this is a one time purchase and if the additional support is more than the current contract. Mindy Bergman then stated she understood the numbers but asked over and above what? Is it a small amount or a large amount. Mr. Wendt said it would be twenty to forty thousand dollars more which would be about a 20% increase. Janet Doty asked if the cost of the mail in ballots were the same for both vendors. Mr. Wendt and Mrs. Hancock explained that a pre-printed form has to be purchased for the ES&S system and that the Hart system uses regular paper. T.C. Langord asked what amount is paid to Texas Voting Systems, Mr. Wendt explained that in calculating the numbers they were not trying to figure the cost of an actual election. Jody Quimby then stated that he understands that the cost difference is mainly from licensing fees. Mr. Wendt then showed the numbers again and said that appears to be the biggest difference. Vol. Mr. Quimby stated he did not believe moisture would be a problem since the election is held indoors. He stated he feels the paper ballot is the answer for any hacking issues. Judge Peters said that there were issues in the last election with ES&S system due to moisture. Commissioner Berry called for the question. Commissioner Cauley stated that we need to hear from everyone who wishes to speak. Judge Peters stated they would hear comments from someone who has not had the opportunity to speak. Mary Ann Arnold stated that Hart has been reluctant to "idiot proof' their system. She went on to say they do not take any responsibility and they do not take the opportunity to fix their problems. She also said they do not do anything to ensure a secure election. Mrs. Arnold said that is most important to secure the vote. Michael Jackson then stated that moisture is a concern, but Hart has just as many problems with the electronic system. He said there could be power outages, however the paper ballot allows the ability to check the count. Judge Peters noted both systems are electronic, then stated the Court would vote with a show of hands. The Court approved the contract with Hart Intercivic with a vote of four (4) ayes and one (1) nay. Commissioner Cauley then commented that integrity is of most importance. She said that the comments expressed today were some of the same concerns she has, however she will go with the majority here. Motion: Approve, Moved by, Seconded by. Passed. 4-1. Ayes: Aldrich, Berry, Catalena, Peters. Nays: Cauley. 11. Contract # 19-100, Cementitious Slurry with Southern Cement Slurry, LLC. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded Contract #19-100 Cementitious Slurry to Southern Cement Slurry, LLC. A copy of the contract is attached Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 12. Renewal of Contract # 19-103R Automotive & Equipment Oils & Lubricants with Petro Choice/Universal Lubricants. A copy of the renewal of contract is attached. Vol. Pg. _ f 415 Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 13. Renewal of Contract # 19-105R, Heavy Machinery Rental with Mustang Rental Services. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 14. Participation Agreement #19-109 for construction of public infrastructure improvements (waterline) on Arrington Road with LOP Inscore Arrington CS, LLC. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 15. Consider and take action on the Bryan Texas Utilities (BTU) cost estimate of $136,366.26 for the relocation of a single phase electric line consisting of 17 poles with guys and anchors on Forsthoff Road. This work is needed in order to accommodate the improvements to be made to Forsthoff Road. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 16. Consider and take action on the Magellan Pipeline Company utility permits to construct road bores for a 20 inch pipeline crossing under Rabbit Lane, Dilly Shaw Tap Road, Old Reliance Road, Elmo Weedon Road and Hardy Weedon Road. Original permits had expired and they are requesting approval again. Sites are located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 17. Budget Amendments Budget Amendments FY 18/19 13.1 Transfer funds from Non -Departmental to Facility Services. 13.2 Transfer funds from Contingency Fund to Boonville Cemetery. 13.3 Transferfunds from Non -Departmental to County Judge. 13.4 Reallocate funds for Sheriff's Office - CSISD School Security. 13.5 Transferfunds from Non -Departmental to Capital Improvement Fund. FO Pg. /soh 13.6 Reallocate funds for Associate Court#1 and Associate Court #2 to the correct account. 13.7 Transfer funds from Non -Departmental to Sheriff's Office. 13.8 Transfer funds from Capital Improvement Fund to Non -Departmental, Sheriff's Office, Sheriff's Office - Jail and Constable, Precinct 1. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 18. Payment of Claims :1 1W-11901111111me:1 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 19. Personnel Change of Status Personnel Action Forms Judge Peters stated that if District Clerk Marc Hamlin was still present in court he would like to ask him about hiring someone on December 31, 2018 as he is leaving office. Judge Peters said he found it odd. A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 20. Adjourn The foregoing minutes of the Commissioners Court Special Called Session held December 28 2018, have been examined and are approved in open Court this the 8th day of Januar, in Bryan, Brazos County, Texas. Duane Peters County Judge s� -�- Sammy Catalena Commissioner, Precinct 2 Irma Cauley Commissioner, Attest: ke4ae� C Karen McQueen County Clerk 0-ke'l-f- Steve Aldrich Commissioner, Precinct 1 - n� 0o�" Nancy Berry Commissioner, Precinct 3 BRAZOS COUNTY. COIVMSSIONER4S COURT dl'" -DAY OF 20 /o: 00, Name Organization (PLEASE PRINT (PLEASE PRN NTT) D L - MMy (wpy) i\V O-Au-�-4 w � �\yc am s AVS )R�� a Li sa Coly P� O7 TH O r-v�— 5 Phi ,9 Y G i i%— �-- �liChLu � �r� Qi'IJ CA C u cqL rllx" vol. Pg Z of O BRAZOS COUNTY COMMISSIONER'S COURT ,�-'-q- DAY OF , 20 I D 1 k3a OPM5 Name PRINT) (Lion ; (ckc.f 6-k, Organization (PLEASE PRINT) E�QAUV,s J lav /)e,fr o mica s �q73 -�'— i Pg I( of 5 BRAZOS COUNTY COMMISSIONER'S COURT DAY OF , 10: 0c9? /PM, Name �(PL/EEA�SnE PRINT) T -k n (� �'f�c� I�Irrcni IV-brc� -1 0 ]A /-r rA, _ paa__. -91 20 1c' Organization (P -LEASE PRINT) �D Jud ze !2 /�4 �r�. A 20—, i�rti►2L Vol. � � _. pg.. 1 i Pg? of BRAZOS COUNTY COMMISSIONER'S COURT DAY OF 20 1 F jo; co wm Name (PASSPRINT) S W5 es V l S Lug V�� ITO � /civ Kens, Organization (PLEASE PRINT) -T v S Nk �ff& M v*r _ N l vol. p9- 14 k 9. Name (PLEASE PR2\TT) BRAZOS COUNTY CONMSSIONEW S COURT DAY OF M. 20 ; Organization (PLEASE PRLNT) SQD -P< 0,6mO17 va. PA. `�3 Resolution Honoring Judge Tommy A. Munoz WHEREAS, Judge Tommy A. Munoz has served the citizens of Brazos County for twenty-seven years in various county offices, such as: Bailiff and Court Coordinator for County Court at Law #2, Justice of the Peace Precinct 2, Place 2, and Justice of the Peace, Precinct 2; and WHEREAS, Judge Tommy A. Munoz as Court Coordinator for County Court at Law #2 was nationally certified, received the Chief Justice Charles B. Barrow Award, and graduated from the National Center for State Courts in Williamsburg, Virginia; and WHEREAS, Judge Tommy A. Munoz was recognized nationally on CNN for his extraordinary efforts in combating truancy in Brazos County and was inducted into the College of Justice Court Judges through the Texas Justice Court Judges Association for 10 years during his tenure as Justice of the Peace; and WHEREAS, Judge Tommy A. Munoz has served as Brazos County Justice of the Peace for twelve years, presiding over civil and class C criminal cases, signing warrants for local police agencies, and many other duties; and WHEREAS, Judge Tommy A. Munoz has proven to be a dedicated public servant, always performing the highest caliber of work, WHEREAS, Judge Tommy A. Munoz will retire on December 31, 2018 NOW THEREFORE, BE IT RESOLVED that the Commissioner's Court of Brazos County takes this opportunity to honor Brazos County Justice of the Peace Precinct 2 Tommy A. Munoz and thank him for his years of service to Brazos County and its citizens, and to wish him the very best in his retirement. DULY ado ted by vote of the Commissio ou of Braz onn Texas on the ZS day of �2CC, r 2018. l� Duane Peters County Judge 1 Commissioner Steve Aldrich Precinct I CommissionmNcy Berry (J Precinct 18-018 vol.. PQ. / 5 Resolution Honoring Marc Hamlin WHEREAS, Marc Hamlin has served the citizens as Brazos County District Clerk for twenty four years; and WHEREAS, Marc Hamlin served as Brazos County District Clerk processing felony, juvenile, and misdemeanor cases, supporting the Attorney General in child support and family law cases and assistance to local law enforcement; and supporting citizens serving as jurors, and serving all of the courts in some capacity. NOW THEREFORE, BE IT RESOLVED that the Commissioner's Court of Brazos County takes this opportunity to honor Brazos County Brazos County District Clerk and thank him for his years of service to Brazos County and its citizens, and to wish him the very best in his retirement. DULlI adopted by vote of the Commissioners Court of Brazos County, Texas on the 28 — day of DEEM BER , 2018. Duane Peters County Judge Commissioner Steve Aldrichtssioner my-C-atalena Precinct 1 PrdcinctZ Commissioner Nancy Bcrry Commission n, Precinct 3 Precinct 4 18-019 Vol. 52 6&' H,,. /S S BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES POLICY AND PROCEDURES FOR COUNTY TRAVEL AND REIMBURSEMENT BRAZOS COUNTY, TEXAS THE PURPOSE OF THIS POLICY AND RELATED PROCEDURES IS TO ESTABLISH AND STANDARDIZE AUTHORITY FOR USE OF COUNTY RESOURCES TO PAY FOR TRAVEL RELATED EXPENSES FOR BRAZOS COUNTY EMPLOYEES. THE FOLLOWING POLICY ADOPTED BY THE BRAZOS COUNTY COMMISSIONERS COURT ON THIS THE 8TH DAY OF JUNE, 1995 TAKES THE PLACE OF ANY PREVIOUS COUNTY TRAVEL POLICY ADOPTED BY ANY PREVIOUS COMMISSIONERS COURT. THE EFFECTIVE DATE OF THIS POLICY IS THE 6TH DAY OF JUNE, 1995. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONERS' COURT ON FEBRUARY 17, 1998. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON AUGUST 1st, 2000. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON DECEMBER 5th, 2000. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON FEBRUARY 11th, 2003. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON SEPTEMBER 20TH, 2005. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON JANUARY 31, 2006. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON December 11, 2007. THE POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON April 1, 2008 revising the County Mileage Reimbursement Rate. THE POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON December 28, 2010 revising the County Mileage Reimbursement Rate. THE POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON June 28, 2011 revising the County Mileage Reimbursement Rate to 55.5 cents/mile. THE POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON 1 7vc�—Z�i� p9. 46 BRA70S COUNTY, TEXAS .. .. - .... 'TRAVEL POLICY AND PROCEDURES . December 4, 2012 revising the County. Mileage Reimbursement Rate to 56.5 cents/mile effective 1/1/2013. THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON December.24, 2013; revising.the County Mileage Reimbursement Rate to 56.0 cents per mile effective 1/1/2014. THIS. POLICY WAS OFFICIALLY. AMENDED BY COMMISSIONER'S COURT ON - SEPTEMBER 30,1014; revising the. nightly lodging rate from $85.00 plus tax per night to the rates set by.the State of Texas plus applicable taxes for travel after September 30, 2014. THIS POLICY. WAS OFFICIALLY AMENDED BY. COMMISSIONER'S. COURT ON DECEMBER 30, 2014, revising the County Mileage Reimbursement Rate to 57.5 cents per mile. effective for travel occurring on.or after 1/1/2015: THIS POLICY WAS: OFFICIALLY AMENDED BY COMMISSIONER'S: COURT ON DECEMBER 29; 2015, revising the.County Mileage Reimbursement Rate to 54.0 cents per mile effective for travel occurring on or after 1/1/2016: THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON DECEMBER 14 2616, revising the County Mileage Reimbursement Rate to 53.5 cents per mile effective for travel occurring on or after 1/1/2017: THIS POLICY WAS OFFICIALLY AMENDED BY COMMISSIONER'S COURT ON DECEMBER 28 2017,7evising the County Mileage Reimbursement Rate to 54.5 cents per mile effective for travel occurring on or, after 1/1/2017. THIS POLICY .WAS OFFICIALLY AMENDED BY .COMMISSIONER'S COURT ON DECEMBER 28; 2018, revisine the County Mileaee Reimbursement Rate to 58.0 cents per mile effective for travel occurrine on or after 1/1/2019.. This policy and related procedures replaces all previous policies and procedures. It explains Brazos. County's.policy relevant to the authorization of travel and the reimbursement of expenses incurred incidental to travel. Section 152.011'of. the Texas Local. Government Code gives the Commissioners' Court the authority to set travel expense and other allowances for all County officials and employees. This policy is to. be viewed. as an "accountable plan",and therefore satisfies .the reporting and documentation conditions established by the Internal Revenue Code of 1986 as Amended (i.e. §162 and §274 and Treasury Regulations 1.62.1 to 1.62.6). A. GENERAL DEFINITIONS 1.. Accountable Plan.- a plan under which an employee is reimbursed for expenses or receives an allowance to cover expenses. -The following four conditions must be satisfied: a. There must be a County business purpose for the expenses, BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES b. The employee must clearly state and properly support that there was a business purpose for the expense, C. The employee must substantiate that the expense was incurred by providing documentation or be deemed to have documented the reimbursed expenses, and, d. The employee is required to return (i.e. with advances) to the County any amounts received in excess of documented expenses. 2. Actual Expenses - the actual cost of any allowable travel expenses supported by proper receipts and/or statements. 3. Auditor - the County Auditor and/or his designated staff. 4. Authorization - a recognized approval level that requests the County Treasurer to encumber funds for approved travel purposes. An approval level is the signature of the elected official, department head or employee authorized to approve claims for the department. This authority is established by completing a computer user access form designating the employee to be on a departmental approval group in the Finance Plus financial system with the County Auditor's office. 5. Official County Business - a business function in which County employee(s) are participating, and which is recognized by the Commissioners' Court as being official business of Brazos County. 6. Duty Point - the primary place of employment, i.e. courthouse, road and bridge, tax office, etc. 7. Traveling County Employee - an elected official, a department head, or a person employed in the direct service of an elected official or department head who is traveling on official County business. S. In -County Travel - travel that takes place within the confines of the legal boundaries of Brazos County, and where the primary end destination of the travel is within these same boundaries. 9. Out -of -county Travel - any travel that has a primary end destination outside the established legal boundaries of Brazos County. 10. Out-of-state Travel - any travel that is undertaken which has a primary end destination outside the established legal boundaries of the State of Texas. 11. Educational Travel - out -of -County travel that is undertaken by County employees for approved education seminars, conferences and meetings. 12. Law Enforcement Travel - travel expenses incurred by County law enforcement personnel for the explicit purpose of transporting prisoners and/or probationers, collection of evidence, and other travel directly attributable to official County business. 13. Travel Expenses - transportation (airline fares, personal auto, public transportation, parking, and taxi), meals, lodging, and incidental expenses associated with traveling on official County business. BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES 14. Travel Expense Forms - all forms so designated by the Auditor's office to be used to report actual and estimated travel expenses for official County business. These forms are to be submitted to the Auditor's office for reimbursement and/or documentation for advances with regards to travel expenses. 15. Direct Billing - a pre -arranged billing, established for a County employee with a lodging facility at which they plan to stay when away from their place of employment overnight on County business. Direct Billing is arranged by the Auditor's office with the intent being the reduction of the employee's financial responsibility for costs associated with travel on County business. 16. Incidental Expense - a necessary and reasonable expense incurred by a County employee while traveling on official County business. This does not include transportation, meals, lodging, tips, gratuities, alcoholic beverages, laundry or in -room video rental. 17. Mileage - the distance from a duty point to a destination. As noted in the following procedure, the County will reimburse mileage based on an intemet mapping service such as mapquest.com, yahoomaps.com or googlemaps.com. 18. Mileage Rate - the rate of reimbursement established by the Commissioners' Court in December of each calendar year for use of a personal automobile while on County business. 19. Meal Expense — limited to $36.00 a day for meals, if an employee is away from their duty station overnight. 20. Host Hotel — "preferred room rates" negotiated by a sponsor for participants of a conference, seminar or continuing education training, at or near the program site. 4 Vol.�'� p9. /S� BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES B. GENERAL. POLICY STATEMENT All reasonable and necessary travel by County employees for which a departmental budget has been established, and for which the department has funds remaining in the budget, and for which the travel is required in order for the employee to conduct County business is authorized. County officials and department heads are expected to plan out -of -County travel for themselves and their employees to achieve maximum economy and efficiency. All County reimbursed travel must be for official County business only. It is the responsibility of the County official and/or department head to see that all Out -of -County travel expense forms are properly completed, documented, signed and forwarded to the County Auditor's office within fourteen (14) calendar days of the travel return date. In -County mileage reimbursements may be submitted on a monthly basis. Upon submission of the travel reimbursement form amounts that are $10.00 or less will automatically be deducted from the employee's next payroll after the forms submission. Amounts greater than $10.00, it is the employee's responsibility to pay back to the County Treasurer's office or notify the Auditor's office authorizing a payroll deduction for these amounts with the submission of the travel reimbursement form. C. 1N -COUNTY TRAVEL In the process of conducting County business, employees may be required to travel to locations within the County, but away from their normal duty station. If the employee incurs expenses incidental to such travel, the employee is required to obtain authorization from the department head for such expenses. If the anticipated expenditure will be in excess of $25.00, the department head may request a travel advance using the Travel Advance Form and secure the Commissioners' Court approval before any expense is incurred. Employees are expected to report the shortest distance between destinations for all travel. The County will not reimburse for personal mileage or for travel between an employee's residence and their duty point. The County will not reimburse for meals unless employee is away from their duty station overnight. The employee traveling on official County business within the County should first determine from the department head if a County vehicle is available to conduct such business. All such authorized expenses will be reimbursed within ten (10) days of the receipt by the County Auditor's office of completed reimbursement request forms. Procedure: For In -County travel, Mileage Reimbursement Requisition should be used. This form is to be turned in by the employee to the department head at least once a month for previous travel. Department heads should then prepare a request for reimbursement and forward the completed request and attached documentation to the County Auditor's office. Mileage will be reimbursed based on the actual mileage traveled at the prevailing rate established by the Commissioners' Court. The County will not reimburse employees for meals or lodging expense incurred In -County. 5F__ Pg• ��O BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES D. OUT -OF -COUNTY TRAVEL Out -of -County travel by County employees is permissible provided that it is authorized in advance by the department head and does not exceed departmental budgetary allowance for such travel. It is the department head's responsibility to ensure that each request has adequate documentation attached to support the stated time, place, and business purpose of the travel expense (see "Accountable Plan" requirements, Page 1). The County will reimburse for County employee meals only while the employee is out of the County on County business and away from their duty station overnight. If the travel expense is anticipated to exceed $25.00 a travel advance may be requested: Procedure: All Out -of -County reimbursement requests are to be made on Travel Reimbursement Requisition. Requests for meal reimbursement are to be as follows: Meals will be reimbursed at the amounts listed, taxes included: Breakfast $ 8.00 Lunch $ 10.00 Dinner $ 18.00 2. No receipts will be required. 3. The County will not reimburse an employee for more than $36.00 per day for meals. Meal reimbursement will not be provided to an employee unless the employee is away overnight. 4. The County will not reimburse for meals provided by the conference or seminar. It is expected that the conference or seminar registration fees include any meals provided and that the employee will avail themselves of these meals. Additionally, a "continental breakfast" is not considered a meal for reimbursement purposes. The County will reimburse County employees for mileage, if a personal vehicle is used, while the employee is Out -of -County on County business. Mileage reimbursement will be made based on the duty station address to specific destination address as documented by using an intemet mapping service such as mapquestcom, yahoomaps.com or googlemaps.com, at the existing reimbursement rate set by Commissioners' Court. 6r------- - — `111111. Z-5-7- CIO. / la/ BRAZOS COUNTY, TEXAS . - TRAVEL POLICY AND PROCEDURES . Requests for mileage reimbursements can be made in one of two ways:: . I. Where mileage request is simply for around trip the employee need only enter the dollar value on the Form. This. is arrived at.by multiplying the documented mileage by 2,and then multiplying, this product. by the reimbursement rate that has been. established by Commissioners' Court. It is requested that the employee use an internet mapping service with specific addresses including number, street and zip code such mapquest.com and that the mileage documentation be submitted with the Mileage Reimbursement Requisition or. Travel Reimbursement Requisition.. 2. Where mileage is requested for the use of a personal automobile while on County business and.the, requestis for mileage other than the round trip from duty point to destination, then the employee should use Mileage Reimbursement Requisition to establish the additional miles and business purpose. The County will not reimburse for mileage incurred at the destination city in pursuit of food or personal errands. Additional miles incurred at the destination city for County business should be documented using addresses at either, www.mapquest.com, www.googlemaps.com or.www.yahoomaps.com. These totals should then be transferred to the Travel Reimbursement Requisition. The County will reimburse the traveling County employee for the actual cost of lodging expenses incurred, not. to exceed the rate used by the State of Texas for the location, excluding taxes, while traveling on official County. business. The travel needs to be approved by the department head, and the cost must, not exceed .the remaining departmental budget. Receipts are required for the reimbursement of lodging expenses. Please see Section G, this policy, for more information on reimbursement of lodging expenses. E. OUT-OF-STATE TRAVEL' . The County.will reimburse employees for out-of-state travel using the .GSA approved lodging and meal rates. The rates. can be found by ,searching the city or zip code on http i//w".gsa.iov/portal/category/ 100120. If the employee elects to use a personal automobile for such travel, the County reimbursement will not exceed the lesser alternative: either the mileage (round trip at the prevailing rate per mile) or the round trip airfare from Easterwood Airport to the destination (a commercial airline quote is required). .. Itis noted that when the distance.is greater than 350 miles, and when the air fare ticket can be purchased 21 days in advance, it is usually cheaper to fly than drive. Any employee traveling on County business who does not wish to fly, and whose destination is out of state may place a request before the Commissioners' Court requesting authorization to drive and to be reimbursed for the actual travel expense.. The request would need to be in writing, placed before the Commissioners' Court 10 days prior to departure, and would need to include the reason for the request and a comparison of the costs. Commissioners' Court has the authority, to accept and /or reject each request based on merit as.presented. Procedure: Any out-of-state travel request must be presented to the department head. All requests for reimbursement. are to be made on Travel Reimbursement Requisition: If a Travel Advance is needed, it should be requested at the same time. BRAZOS COUTVTY, TEXAS .:.. -. - - .'.. -. ...... .:. -- TRAVEL POLICY eLVD PROCEDURES ...: F. TRAVEL ADVANCES Employees that anticipate being away from their duty station on County Business and Out -of -County for more than three (3) days, or when travel expenses are anticipated to be more than $25.00, may request a travel advance. The employee would be required to fill out Travel Advance Requisition. The form should be submitted to the. department head for approval and forwarded to the County Auditor's office for processing:. All requests for advance most be filed with the Auditor's office ten days ,prior.to the departure date so,that proper approval from the. Commissioners?. Court can be secured. '. The request should not exceed the estimated expenses. All meal advances will be based on $36.00. .per day and a maximum of the amount.allowed for.the location set by State of Texas: (Domestic. Maximum Per. Diem Rates) plus taxes will be advanced for each day of:lodging that the employee anticipates:.i111 employees are encouraged to arrange for direct billing and to arrange for quotations for air transportation when requited: Procedure: Once the employee has returned to their normal duty station, the employee. has fourteen (14) days: to submit documentation to the County Auditor's office on :a Travel Reimbursement Requisition to account for.the use of the travel advance funds. The employee should . attach a copy of Travel Advance Requisition to their request to document the advance received. If the employee has received funds in excess of their need the balance should be remitted to the County Treasurer's office, and a copy: of all receipt(s) attached to Travel Reimbursement Requisition. After the 14 day period travel advances that have had documentation submitted will be deducted from the employee's paycheck as agreed in the travel advance requisition. All disbursement of funds and collection of funds, with regards to travel advances will be handled through the County Treasurer's office.. The .depart ment head has oversight responsibility for all disbursements related. to travel advances.. G. LODGING . The Countywill be responsible fora maximum of the amount allowed for the destination set bythe State ofTexas (Domestic Maximum Per Diem Rates) plus tax per day; for lodging expense's incurred by Countyemployee while traveling on official County business either out of county or out of state. The County prefers to arrange. for hotel accommodations :to be billed directly to the County. Department heads are encouraged to plan .asfar in advance as possible, and to arrange for direct billing. The County will only be responsible for the amount allowed for the destination set by the State of Texas. If the room charge is greater than allowed, the employee. should be prepared to be . responsible for the difference. The State of.Texas follows the U.S. General Services Administration per diemrates by location.: Rates are set by. fiscal year, effective October.l. each year. The 'rates can . be found by searching by city or zip code at this website: http://w".gsa.goV/Dortal/cateeory/100120. The decision to pay the lodging fee.forthe night before a conference or meeting is at the discretion of the department head: This decision is based on the location of the meetmg.site and.beginning or. ending time of the.program. Likewise,. the, decision to pay. the lodging fee for the last day of a.. . conference or.meeting is at the discretion of the department head.. It is. the employee's responsibility.. to make sure this issue is covered prior to the meeting taking:place and prior to the, request being placed before the Commissioners' Court. . BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES Host Hotel In many instances a county employee will attend a seminar, conference or continuing education program where the sponsor of the program has negotiated preferred room rates at (or near) the site where the program is to be held. In many instances the preferred room rate is referred to as the "host hotel." In some instances the program sponsor has secured such preferred rates at several locations. The county would prefer that county employees attending such programs stay at the "host hotel." And, therefore, if the room rate is greater than the rate allowed under Section G — Lodging of this policy, the county will reimburse the employee for the full amount of the room plus tax. The employee is required to provide adequate documentation that the program negotiated a preferred rate with the "host hotel." An example of adequate documentation would include a seminar brochure or registration information provided by the program sponsor that lists the preferred hotels. In the event an employee is able to secure a room for an amount less than the host hotel rate when a host hotel is available without incurring additional parking, car rental or mileage expenses the employee will be reimbursed at the actual room rate. Many times the county employee attending a sponsored program does not plan to attend the program in a timely manner and all "reserved program rooms" will have been taken. Alternative sites will not be considered as "host hotels" unless specifically designated as such by the program sponsor. Out -Of -State When a county employee requests out-of-state travel for a sponsored seminar, conference or continuing education program, and there is not a designated "host hotel", it is the employee's responsibility to register in a timely manner to allow the opportunity to stay at the hotel or conference center where the program is being held. When the employee makes a request for out-of-state travel, the request should clearly state the anticipated room cost, and request formal approval for reimbursement. Relatives and Friends Frequently county employees while traveling on county business and away from their duty station overnight will stay with friends and/or relatives. As a result their application for reimbursement will appear as if they were not away from home overnight. When such an event happens, the employee should attach a notice to their reimbursement request to allow the county.auditor's office to confirm the over night stay. Restrictions on County reimbursable lodging expenses: The County WILL reimburse for: Daily Room Charges as allowed by the rates adopted by the State of Texas for the destination plus tax. Properly Documented Business Telephone Calls Facility Parking Charges — Self parking only* Taxi Fares (no documentation required) Alternate means of travel (i.e. bus, train, etc.) 9 Vol. ��� pg. 16�... BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES Internet service used for conducting County business Tolls for toll road travel — receipts required Valet parking for handicapped employees with a valid handicap placard from the Tax Office. 2. The County will NOT reimburse for: Snacks Charged To The Room Room Service (No gratuity, no room service charge) Personal Expenses (i.e.: Valet, Dry Cleaning, Laundry, etc.) Tips and/or Gratuity Alcoholic Beverage Charges Video Rental (i.e.: In -Room Movies, etc.) Personal Phone Calls Hotel Club Charges Recreational Facility Charges *The County will reimburse for self parking at any rate with receipts. Valet parking will be reimbursed if it is the only parking available and is documented as such by the hotel. In the event self parking and valet parking are available and the employee chooses to use valet parking the County will only reimburse up to the rate equal to the self parking rate. Employees who incur lodging charges defined as unacceptable for reimbursement are responsible for these payments. These charges are to be accounted for and payment rendered to the facility by the employee at check out. If any of these charges billed incorrectly directly to the County by a lodging facility, the employee will be responsible for remitting reimbursement to the County Treasurer. Procedure: The employee will be required to obtain an original lodging statement from the establishment where the employee stayed. This statement should be attached to the Out -Of -County Travel Reimbursement Request. No exceptions will be allowed. H. AIR FARE and CAR RENTALS All County employees are required to travel by the least expensive mode of travel. The employee should evaluate whether travel by airplane to the destination point is cheaper than traveling by other means. The County will only reimburse for the least expensive mode of travel, unless the employee's supervisor can show good cause for using another mode. When the final destination is over 350 miles then air travel should be considered Car Rentals should only be utilized when required for the employee to fully carry out their official business. Taxi cabs, buses, and hotel shuttle services are usually less expensive than car rentals. The County will not reimburse for expenses incurred for personal reasons. The County would prefer that the employee not enter into a rental arrangement unless it is necessary and required for the completion of the business purpose. The County will not reimburse for first class travel. The County will only reimburse for necessary car rental at the sedan rate (no luxury cars) and necessary gasoline for the rental with receipts. The County will not reimburse for mileage on a rental car. 10 Vol. �_ pg. BRAZOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES I. CONFERENCES. SEMINARS and CONTINUING EDUCATION The County prefers to pay in advance for conferences, seminars and registrations for continuing education. By so doing, the financial responsibility placed on the employee is reduced and proper and timely assistance can be given to the employee with regards to reservations, travel advances, and completion of reimbursement forms. The County requires that requests for registration fees be accompanied by a conference program, seminar program, or continuing education program that indicates the cost, location and payee's address. The County requires that the employee's supervisor approve the request. The supervisor must indicate that the employee's attendance will enhance the employee's ability to perform in their assigned job function. Each elected official or department head is required to budget for registration at conferences, seminars and continuing education annually as needed. If there is no budget allocation for this expenditure the Auditor's office will not approve the expenditure until an official budget amendment or budget adjustment has been approved. All elected officials and department heads are required to budget for State required annual continuing education for all members of their staff where required. When properly budgeted the County will pay for all required continuing education mandated by State statutes for elected officials and appointed department heads. When the registration for a conference or seminar includes payment for meals, it is anticipated that the employee will eat the meal provided. The County will not pay for an additional meal. When the conference or seminar is scheduled out of the County and begins in the morning. The County will reimburse for meals and lodging the night before when the distance to the sight is over 150 miles. When the conference or seminar is out of the County and ends after 4:00 PM the employee will be reimbursed for the evening meal immediately following the end of the conference or seminar if the sight is over 150 miles from the Courthouse. Meals will not be reimbursed to an employee who is less than seventy five (75) miles away from their duty station unless the employee is away overnight. LAW ENFORCEMENT TRAVEL The department head prior to the occurrence of any expense must approve all law enforcement travel expenses, whether it is prepaid by the County or reimbursed after the fact. If planning can take place before there is a need for such travel, or if travel is a result of a defined "emergency" the department should try to secure permission from the Commissioners' Court for the use of credit cards in such cases. If credit cards are used then the County Credit Card Policy is to be followed. It is recognized that the need for law enforcement travel may occur on an emergency basis. The County Attorney, Sheriff or the Director of Juvenile Probation is authorized to approve such travel and related expenses in the event of an emergency. The County Attorney, Sheriff or the Director of Juvenile Probation is required to notify the County Judge and the Auditor within 48 hours of the designation of an emergency. If there are no budget funds available, the County Judge's approval will be required before the expenditure can be incurred. 9 BRALOS COUNTY, TEXAS TRAVEL POLICY AND PROCEDURES K MISCELLANEOUS The employee needs to be aware that a credit card receipt is not documentation for an expenditure. All requests for reimbursements and/or requests for the County to pay for a travel related expenditure must be supported by documentation. It is the emplovee's responsibility to secure the documentation at the time of expenditure. In the event that no documentation is secured a certification as to the expenditure is not sufficient to support reimbursement. Some form of contemporaneous record must be received from the vendor. When an employee elects to have their spouse and/or family travel with them, this must be accurately documented and separation of costs will be required. Lodging expenses must be documented by the hotel/motel as to what a single occupancy rate would have been. This should be done on the face of the receipt. ALL ELECTED OFFICIALS AND DEPARTMENT HEADS ARE TO INSURE THAT ALL EMPLOYEES HAVE READ THIS POLICY AND COMPLY WITH IT. FAILURE TO FOLLOW THE POLICY WILL RESULT IN A DELAY IN THE RFUVIBURSEMENT PROCESS, AND COULD POSSIBLY CAUSE LEGITIMATE REIMBURSEMENTS TO BE DENIED. IF IN DOUBT PROVIDE AN EXPLANATION OR OTHER DOCUMENTATION. THE COUNTY DOES NOT INTEND FOR EMPLOYEES TO FINANCE COUNTY OPERATIONS. APPROVED Duane Peters Date' County Judge 12 F l. Pg. X67 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY RAPE CRISIS CENTER, INC. DBA SEXUAL ASSAULT RESOURCE 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 the BRAZOS COUNTY RAPE CRISIS CENTER, INC., dba Sexual Assault Resource Center (hereinafter "Provider"), located in Bryan, Texas, and is effective October 1, 2018. RECITALS: WHEREAS, the County has the objective of providing support services to the victims of sexual assault; 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 victims of sexual assault 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 1st day of October, 2018, and terminating 30th day of September, 2019. CH_1►Is] �I_VIIrLiLl 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 services to victims of sexual assault and their families. These services will include: a 24-hour hotline and 24-hour escort service; one-to-one counseling; group counseling; community awareness programs; Speaker's Bureau; training and supervision of volunteers; training for law enforcement agency personnel, the medical community, clergy, staff of the District Attorney's office and psychologists (collectively "Services"). Sexual Assault Resource Center Agreement Page I oj12 Vol. _� pg.-:E4 g./ G �I 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, as described in Exhibit "A" attached hereto and made a part hereof for all purposes. COUNTY'S LIABILITY FOR PAYMENT The County agrees to fund the Provider $35,000.00 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. 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 Sexual Assault Resource Center Agreement Page 2 of12 Vol, __.. c2 8/� y 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 in providing the Services to be provided hereunder in order to assess County's continued participation in the funding of the Provider. 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. Sexual Assault Resource Center Agreement Page 3 of 12 INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the Provider shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations contracted for herein. COUNTY INVOLVEMENT The County and Provider state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the Services to which it relates has personal interest, direct or indirect, in this Agreement. 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. TERMINATION Provider or County may unilaterally terminate this Agreement, at any time and for any reason, or no reason, by giving the other sixty (60) calendar days prior written notice. In the event of termination Provider agrees to return funds to County of a pro rata basis based on a twelve (12) month calculation. NOTICES Sexual Assault Resource Center Agreement V01. Page 4 of 12 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 Rape Crisis Center, Inc. P.O. Box 3082 Bryan, Texas 77805 Confidential Physical Location: 3131 East 291' Street, Bldg C, Bryan, TX. 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 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 Provider without the prior written consent of the County. Sexual Assault Resource Center Agreemei�nt''�^ �''--,�,, ��Page S of 12 Vol. � r���--`�C. _ 17 %fes 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: 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; Sexual Assault Resource Center Agreement Page 7 of 12 Vol. ��5� Pg, i (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; (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. 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 Sexual Assault Resource Center Agreement Page 8 of 12 Vol. � ��5� Pg. l%�� 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. 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 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. 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: Sexual Assault Resource Center Agreement Page 9 of 12 Fol. (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 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. Sexual Assault Resource Center Agreement Page 10 oj12 Vol. �5 _.� Pg• .� (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. 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. Mitigation. If Business Associate violates this Agreement or the HIPAA Rules, Business Associate agrees to mitigate any damage caused by such breach. Sexual Assault Resource Center Agreement Page 11 of 12 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 respondingentity, and its principals are eligible to. participate in this transaction and have not been subjected to suspension, debam ent, 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 isnot listed on the federal . government's terrorism watch list as described. in Executive Order 13224. Entities. ineligible for federal procurement are listed at hftps:/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 lsrael.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 lsrael.orinan Israeli -controlled territory, but does not include an action made or ordinary: business purposes; and 2: "Company" means a for-profit I 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: TheBrazos County Rape. Crisis Center, Inc. (dba) the Sexual. Assault Resource Center (SARC) Authorized Company Representative Val, Coleman, Board of Director, Treasurer. Address: PO Box 3082, Bryan, TX 77805 Signature: V Date: 12/5/18 Contract #:19-0.41 . - - - -Forms provided by Texas Ethics Commission - - www.ethics.state.tx.us [Voll: a s� P . _i � CERTIFICATE CIF INTERESTED PARTIES FORM,1295 - loll Complete Nos. 1- a and 6 if there are interested parties. - - - _ `OFFICE USE ONLY . Complete Nos. 1,_2, 3,S, and 6 if there are no Interested partles. _ - CERTIFICATION OF FILING - 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. - - - - - 2018-435743 Sexual Assault Resource Center (SARC) - - _- . Bryan, TX United States. _ _ - _ - Date Filed: - 2 Name of governmental entity or state agency that is a party to the contract for which the form is - 12/20/2018 - beingfiled..,. .. Brazos. County Commissioners. 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 : - 19-041 *RCprovides ongoing counseling and support services to all victims of sexual assault and adult survivors of child sexual assault or molestation. - - - - - - - 4:. - _ -Nature. of interest Name of Interested Party, - City,. State, Country (place of business) - (check applicable) Controlling 'Intermediary. Brazos Valley Commissioners _ - - Bryan, TX United States X - - 6 Check only if.there is NO Interested Parry. - 6 UNSWORN DECLARATION My name is: Val. Coleman - - - ,. ano my date of birth is 9/1.8/69 My address is . PO Box 3082 Bryan TX . 77807 &um Valley . :. . (street) - - .. (city) - .. - .. (state) (zip code) . (country). . I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day 20 - - - - - - Brazos Valley Texas 4 December 18. - - , .. .. (month) - (year) - - -Signature of authorized agent - Version V1.0.6711 of contracting business entity . _ (Declarant): - - - -Forms provided by Texas Ethics Commission - - www.ethics.state.tx.us [Voll: a s� P . _i � CERTIFICATE CIF INTERESTED PARTIES FORM,1295 - loll Complete Nos. 1- a and 6 if there are interested parties. - - - _ `OFFICE USE ONLY . Complete Nos. 1,_2, 3,S, and 6 if there are no Interested partles. _ - CERTIFICATION OF FILING - 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. - - - - - 2018-435743 Sexual Assault Resource Center (SARC) - - _- . Bryan, TX United States. _ _ - _ - Date Filed: - 2 Name of governmental entity or state agency that is a party to the contract for which the form is - 12/20/2018 - beingfiled..,. .. Brazos. County Commissioners. 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 : - 19-041 *RCprovides ongoing counseling and support services to all victims of sexual assault and adult survivors of child sexual assault or molestation. - - - - - - - 4:. - _ -Nature. of interest Name of Interested Party, - City,. State, Country (place of business) - (check applicable) Controlling 'Intermediary. Brazos Valley Commissioners _ - - Bryan, TX United States X - - 6 Check only if.there is NO Interested Parry. - 6 UNSWORN DECLARATION My name is: Val. Coleman - - - ,. ano my date of birth is 9/1.8/69 My address is . PO Box 3082 Bryan TX . 77807 &um Valley . :. . (street) - - .. (city) - .. - .. (state) (zip code) . (country). . I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day 20 - - - - - - Brazos Valley Texas 4 December 18. - - , .. .. (month) - (year) - - -Signature of authorized agent - Version V1.0.6711 Texas Travel Guidelines as posted, in the following link: https://fmx. coa.texas.aov/fmx/travel/textravel/i ndex. php. B. In the event that DPS does not.peep,ay for training sessions or exercises;:DPS will also reimburse LGEE for anytraining.deemed necessaryby DPS for the LGEE employee's job duties. C. Should DPS approve and authorize travel or training expenses for the employee, LGEE employee must provide original receipts.in support of the travel ortraining expenses. . VI. ADMINISTRATIVE, FINANCIAL, and PERSONNEL MANAGEMENT A. LGEE is responsible for all personnel related management of employee, including payroll, benefits; periodic performance reviews, job coaching, disciplinary actions;.promotions, and terminations. B. LGEE employee will be immediately unable to work on DPS premises in cases of unacceptable job performance, negative.criminal history status changes; breach in: confidentiality, or other unacceptable. be in violation, of this Contract. LGEE employees maybe removed for other , causes with two weeks; notice to LGEE and.LGEE employee..:. . C. The LGEE employee may request a release from assignment to DPS by submitting the request in writing through the LGEE, with a.carbon copy to If LGEE and DPS Wish to continue their. relationship, LGEE will identify a.replacement employee and recommend that employee to DPS. VII., LIABILITY A., The.Parties:acknowledge that this.Contract does not alter the applicable Iaw.governing civil liability, if any, arising from.the conduct of.employees. ; B. ,LGEE acknowledges that it responsible for the negligent, wrongful acts or omissions of its employees and agents:while acting within the scope of their employment to the extent permitted by law. DPS cannot guarantee that the State of Texas will provide legal representation or indemnificationto any employee- . C. 'Neither this Contract nor anyactivities.between the Parties.are intended to create an agency or . employment relationship, a joint venture; or to otherwise create.anyliability for the. Parties. whatsoever, with respect to the,Parties' indebtedness, liabilities, and obligations. No employee assigned by LGEE will be considered arremployee,of DPS: VIII. CONTRACT AMOUNT and BASIS FOR CALCULATING COSTS The total amount of this contract will not exceed'$50;000. . Nothing in.this Contract will require LGEE, or DPS to obligate or transfer any funds. The only funds authorized for payment,to LGEE under this Contract is the reimbursement for any ,DPS=approved and requested travel and training expenses incurred throughout the term of this Contract. IX. ' TERM OF CONTRACT, TERMINATION, and AMENDMENTS This contract is effective on the date of the last party to sig nand will.termin ate four years from .that effective date, or upon written request of either party with 30 calendar days' written notice, whichever .;.� -.. Page 3.of 4 .. Vol. F 7 _/ CONTRACT AND AGREEMENT FOR NON -SECURE, RESIDENTIAL, POSTADJUDICATION TREATMENT SERVICES FOR ADJUDICATED JUVENILE OFFENDERS -SPACE AVAILABLE This Agreement is. entered into: by and between Brazos County ("Contracting County") and Arms of Hope, a non- profit organization, hereinaftercalled the "Service -Providee';. and in compliance. with all applicable standards - - -under Title 37 Texas Administrative Code, to provide child care services: - - - - - - - ARTICLE I - PURPOSE - 1.01 Thepurpose of this Residential Services Agreement is to provide Brazos County with longterm residential care for -children adjudicated to.have committed. delinquent conduct or conduct indicating need for supervision. The placement Facility tobe'utilized are leased and operated by Service Provider, and are located at 213005t. H WY 16N, Medina, Texas 78055 and 7065 Love, Quinlan, Texas 75474. ARTICLE II .. TERM _. 2.01 'The term of this agreement is for 12 months, commencing january 1, 2019:and ending December 31, 2019. The agreement shallbeeligible for automatic renewal annually. on January_ V upon mutual agreement of 'both parties as long as suffiiientfunding is available for the program services. - ARTICLE III :SERVICES 3.01 Service Provider will provide the following level of care services: - . .. Basic and moderate levels of care.. - - - 3.02 Service Provider will also provide/perform the following services: . A. .Provide basic residential services,including: standard supervision by qualified adults, food and snacks, recreation, personal hygiene items, .hair: cuts, transportation, school supplies, room, - _ - (rent, utilities, maintenance, telephone), as agreed by Contracting County. . B. Ensure that the child's parent(s) or legal guardian(s) and. Contracting County. are notified if a child in placement makes an unauthorized departure,becomes seriously ill, or is involved in a.serious . 'accident. The Probation Officer andparentswill-beinformed immediately; if during Working hours. After normal working hours, everyeffort will be made to- notify .Contracting County and _ -' - the parents, In the event of serious.illness or accident and for any: required follow-up care Service . Provider shall be responsible for having the child transported to the nearest hospital or - emergency care facility .-C. .Provide to the Contracting- County. Department awritten Individualized Treatment/Case Plan developed in concert with the client and mutually agreed upon -by the appropriate Service Provider staff and the Probation Officer withinthirty(30) days of placement. Said. individualized Treatment/Case Plan shall include measurement of .progress towards goals in the Plan. The Individualized Treatment/Case'Plan shall' contain the reasons why the placement may benefit the . client; shall specify. behavioral goals andobjectives.being.sought for .each client; shall state how .. . - - .the goals and objectives are to beachieved in.the placement; shall state.how.the parent(s), guardian(s),. and, where possible, grandparents and: other extended.family memberswillbe involved in _the .-program. -plan to assist. In preventing controlling the child's objectionable behavior. - - - - 2019 Arms of.Hope-Juvenile Residential Facility Services- Page Iof9 Vol. _ ���- pg � 8L � D. . Initiate and document meetings to review. the Individualized Treatment/Case Plan with the child . - - and the assigned Residential Services Probation Officer at reasonable intervals, not to exceed - - - ninety.(90). days, to. assess the child's. progress_ toward .meeting goals. set.,forth, making modifications when necessary, and -determining the:need for continued placement outside of the child's natural home.. - - - E..i. Maintain copies of the original Individualized Treatment/Case Plan and the periodic reviews:. _ F. Provide the ContractingCounty. Department with a written report.of the child's:progress at . reasonable intervals, not to exceed ninety (90)days, or ona more frequent basis, as follows:. at minimum :ooa monthly basis or as requested by the department - - G. Document andmaintain. records Pertaining to the number and.type of investigationsmade by. the Department of Family and Protective Services, the Department of Juvenile.Justice, any law enforcement agency, or any other, investigative agency. Such records shall be immediately made . available to the Contracting County upon request. ii. Any and:all>medical/psychiatric treatment and medication required to meet the needs of the, child, as well as other pre -approved expenses not provided for in the Service Provider's program; - - shall be the sole responsibility of the said child's parent(s), guardian(s),-court ordered appointed - .:conservator or Contracting County;.. however,. in. no case shall -a.child,.be denied.anyneeded _ - . medical/psychiatric treatment due to the inability to. pay. - - I. Provide and document off-campusvisits or furloughs upon request;, however, the costs - _ associated with off -campus. visits or furloughs will be paid by the parent, guardian, or Contracting County. J In accordance with §29.012(b)(1) of the Texas.Public EducationCode, as a condition of this ... - contract for residential services, Service Provider shall notify the schooldistrict in which the . facility is located not later than thethird dayafter the date a -child is placedin the facility. ARTICLE IV - - COMPENSATION - - 4.01 For and In consideration of the above-mentioned services, Contracting County agrees do pay the Service - Provider the level of care -dally rate for. each child admitted under this. Agreement..The basic daily rate is $45.19and the moderate daily rate is $103.03. The daily rate shall be paid to the Service Provider for each. day. a child is.in residential placement pursuant to billing and paying procedures agreed upon by Service - - Provider and Contracting county. Payment is due within $0 days of receipt of billing. If. Texas Department . of Family and Protective Services level of care rates change during the contract year, the new level of care - rates will be paid or negotiated. based on the child's new level. 4.02. Psychiatric services will be provided to the child on an as needed basis. The Contracting County shall - - provide a written psychological or psychiatric evaluation. If the battery of tests included in the evaluation is older than.six(6) months.prior toadmission,.a clinical interview performed within six (6) months: prior to admission shall be submitted with an updated diagnosis and prognosis.- - - - - - - - - - - .4.03 Service' Providerwill submit an invoice for payment of services to the Contracting County on amonthly basis. Said invoice shall be submitted with ten (10) working days following the end of.the.invoicedmonth and shall, include information deemed necessary for adequate fiscal control;.including but. not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice. received .foi payment will be reviewed by Contracting County, in order to - monitor Service Provider for financial compliance with this'Agreement.. Invoices submitted by Service Provider in proper form shall bepaid,by Contracting County in a.timely manine r. - 4.04 Contracting County shall be responsible for all. of the juvenile's medical expenses, Including prescription - medication.'Contracting County may make arrangementsdirectly with vendors for the provision of, and payment for, routine medical expenses, including, without limitation, hospitalization and dental, for.Post- `2019 Anne of Hope— Juvenile Residential Facility Servi Page 2 of 9 Voles fig. /�7 Adjudication. program .juveniles,or can authorize in writing Service Provider, to. do -so on behalf of - - - - . - Contracting County at Contracting County's expense. *All non-eniergency medical treptments, procedures, psychiatric visits,: doctor's visits and medications must be pre-appYoved by contracting cmtnhy. 4.05 If an emergency examination, EMS treatment, health care treatment, and/or hospitalization 'outside the . - - -. Facility ("Outside Treatment") are required for a child placed in. the Facility,.the Administrator of the -. Facility is authorized to secure the OutsideTreatment at theexpenseof the Contracting County. The - - Administratorshall notify Contracting County of OutsideTreatmentwithin twenty-four (24).hoursof its -occurrence... _ _ - 4.0.6. If during the course of residential treatment, the Contracting County determines that apart of the youth's treatment program should, include time away from the residential setting of the. Service Provider; such as weekends and holidays, prior to the completion of the youth's treatment and return home,. and wishes . that the youth return totheresidential setting after periodawayfrom the residential setting, the - - . Contracting County shall request the Service Provider toretain space. for the youthuntil his return..To this _ - end,: the Contracting County -agrees -to pay Service. Provider the -full. amount due for such regularly - - - - scheduled days away fromtheresidential setting or its program; providedtheydo not exceed ten -(10) - - _-days per client and that prior approval has been obtained by.the Contracting County. Furloughs will not be. authorized for the first ninety (90) days of placement, or until the completionof:the first Individualized : Program Plan Review, whichever comes first; except m only highly unusual situations. 4.07 The Service Provider is under no obligation to retain space for in an unauthorized departure situation; .however, .in -no eventshallthe. Contracting County pay for the days when the juvenile was - - - absent without authorization, but no space in the program was retained for such absent.client(s) by the - - Service Provider..The County must be informed In writing if and for how long the Service Provider intends - . to retain space for such an absent client, and the County may decline in writing aiLorpart of the period ., for which the ServiceProviderintends to retain the space.. - 4.08 -. - Service Provider shall account separately for the receipt,and expenditure of any and all state funds -. received from Contracting County under this contract. Service Provider shall account separately for state - - - - funds received and expended utilizing Generally Accepted Accounting Prackices-(GAAP). Upon request _ - - Service Provider will provide Contracting County with a -copy of inmost recent financial audit. 4.09 It is.understood and agreed by Service Provider that this Agreement is funded in whale or in part with . grantor state funds.and -shall be subject to termination without penalty; -either in whole or.in part, if funds are not available or are not appropriated bythe Texas -Legislature. . .. --. 4.10 --- - In the event thatState Reimbursement Rates are increased during the duration of the terms of this . - contract, the new rates Will becorne effective reflecting those of the increase. 4.11. _ Service Provider agrees to make claims for. payment. or direct any payment disputes to Contracting County's, Fiscal Officer. Service, Provider will.: not, contact pother, department employees regarding. any . -claims of payment. - - - 4.12-- Except to the extent that a party to this Agreement seeks emergency judicialrelief, the parties agree to - negotiatein good faithin aneffort to resolve any disputes related .to this. contractthat may, arise, no - --.matter when the dispute mayarise. If a -dispute cannot be resolved, by negotiation, the dispute shall 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 costsof-mediation - - services equally. 2019 Arms of Hope-Jwenile Residential Fadlityservices - - . Page'3 of 9 - Vol. -_�✓� �o. ARTICLE V`. ADDITIONAL TERMS & AGREEMENTS 5.01 Prior to transporting a child to the Facility for placement, the official authorizing the placement shall call - the Facility to ensure that space is available. Placement of children by authorized officers ofContracting - - County may. be denied, if, space.limitations'require, as determined by the Facility. Service Provider. will...:. . make every reasonable effort to place the child expeditiously.. - - - 5.02 - :A child will only be accepted in the Facility -upon. receipt by the Facility Administrator of.a proper, order from the Juvenile Courtof Contracting County: Service Provider is under no obligation to accept aclient' who is deemed inappropriate for placement in the program. - 5.03. - Each child placed in the Facility shall be, required to follow the rules and regulations of conduct as fixed ' and determined by theAdministratorand staffof the Facllity: 5.04' If child is accepted by the Facility from Contracting County and the child thereafter is determined to be; - in the solejudgment of the Administrator, :mentally unfit, dangerous, or unmanageable; or whose mental - or physical. conduct would or might endanger the other occupants of the Facility, then the Administrator_ shall notify the representative of the Contracting County of this determination. The child shall be removed " immediately from the -Facility. Itwill be theresponsibilityof Contracting County to provide for the. transportation for.the removal of the child.: - - 5.05 :. Service Provider. agrees that the Facility will accept any child who qualifies, without regard to such child's religion, race, creed, senor national origin. _ - - -- - 5.06'' Except as provided in Section 5.04, it is understood and agreed by the parties that children placed In the. Facility. under proper: orders of the appropriate Juvenile Court shall not be. discharged from the Facility. until the Administrator of the Facility,recelves either a.written authorization from the Contracting County _ thatplaced child, or and Order ofReleasesigned by the Judge of the Juvenile: Court of the Contracting- - :County... 5.07 - It is further understood and agreed by the, parties that nothing in this contract shall be construed to permit Contracting County, its.agents, servants, or employees in anyway to manage.control, direct or . instruct Service Provider;. Its director,: officers, employees, agents,: shareholders and designees in any . manner respecting its work, duties or functions pertaining wthe maintenance and operation of the . ..... ' ... ...Facility:..'... : .. ... ..... ...... 5.08. Contracting County reserves.the right to.terminate-the client's.placement with -Service Provider at Its . discretion.:Service Provider.must not release a -client to any person: or agency other than Contracting' -'- -County without the express consent of an authorized agent of Contracting County. - - - 5.09. Contract Prohibitions- A government entity may not enter into a contract with a.company for goods or _ 'services unless the contract contains a written verification from the company that it: (1) does not Boycott- . Israel•, and (2) will not boycott Israel during the term of the contract..:.. ARTICLE VI EXAMINATION OF PROGRAM &RECORDS - - 6.01 Service Provider agrees that it will permit Contracting Countyto examine and evaluate its program of services provided.under the terms of this agreement. periodically. This examination and evaluation of the program may include site 'visitation; observation .of programs.in operatlon,.interviews--and the administration of questionnaires to the staff of Service:Provider-and' the .children, .when deemed-- . ...necessary.. .-. .... .. 2019 Arms of Hope= Juvenile Residential Facility services, : - Page 4 of 9 . ... 6.02 For purpose of evaluation, inspection, auditing, or reproduction, Service Provider agrees to maintain and - - make.available.to authorized representatives of the State.of Texas or Contracting. County any and all books, documents or other evidence pertaining to.the.direct costs and expenses of this Agreement. ...6.03 Service, Provider will keepa record of all services provided to. ContractingCounty under this Agreement,, and upon reasonable notice will'provide Informatlon, records, papers, reports, and other documents . regarding services furnished as may be_requested:by. Contracting County. Service Provider will maintain' the records (as referenced, above) for seven (7) years after the terminationof this Agreement. 6.04 Contractor understands:that acceptance of. furids -under this contract acts as acceptance. of the authority of theStateAuditor's Office, or any successor agency, to conduct an auditor investigation in connection . -with those funds. Contractor further agrees to cooperate fullywith the State' Auditor's Office or its - successor in the conduct of the audit or -investigation, :including: providing all records. requested. Contractor will ensure that this clause concerning the -authorityIto audit fund.received indirectly by - - - subcontractors through the:Contractor and the requirement to cooperate Is included in any subcontract it awards. .. .. ..:.. - '.ARTICLE VII .. .. .... . 'CONFIDENTIALITY OF RECORDS" - - - - -- . 7.01. Service Provider shall maintain strict confidentiality of all Information and records relating:to children . placed by Contracting County, and shall not re -disclose the information except as required to perform the services to be provided pursuant to this Agreement, or asmay be required by-law. 7.02 Service Provider and Contracting County agree to abide by Title 37, Part 11, Chapter.380, Subchapter G;, Division 1,Rule 4380.9909,: relating to Access to Youth Information.and Records. ARTICLE VIII DUTY TO REPORT - 8.01 As required by 44261.101 and 261.405 of the Texas Family -Code, Service -Provider shall:,report any allegations or incident of abuse; exploitation or.neglect of any child, (including but not limited to a juvenile that has been placed by Contracting County) within. twenty-four (24).hours-from the time the allegation is . made, to all of the following: _ - - A. Local law enforcement agency; . B. Texas Juvenile Justice Department by submitting a T1JD Incident Report Formtofacsimile number I- .512-424-6716 if unable: to -complete the form within 24 .hours,. then by calling toll-free 1-877-786-. 7263, followedby submitting the.report within 24 hours of said call); and, C. Contracting County: .. .. .. .... - ... .. . . 'ARTICLE IX. DISCLOSURE OF INFORMATION 9.01 Service Provider warrants that, prior to entering this contract, It has verified a nddisclosedthe following Information to Contracting County, and. agreesthatit shall. have an ongoing affirmative duty under this Agreement to promptly. ascertain and -disclose insufficient detail this same information. to Contracting, County: - - .. - A. Any and allcorrective action required by any Service Provider's licensing authorlties; B. Any andalllitigation filed against. the: Service Provider, or against its employees, interns, volunteers, - subcontractors; agents and/or consultantsthat have direct contact with juveniles;' C.Any arrest of any: employee; intern, volunteer, subcontractor, agent and/or consultant of the Service - .... " 'Provider that has direct contact with juveniles; - 2019 Arms of Hope -Juvenile Residential Facility Services Page 5 of 9' Vol. 719. {'g ! f� D. Any finding of "Reason to Belleve" by. a state regulatoryagency in a child abuse, neglect and ... exploitation investigation where an employee;.intern, volunteer, subcontractor; agent and/or consultant of the Service Provider thathas direct contactwith juveniles was the alleged or designated perpetrator; E. The identity of any:of the Service Provider's employees,' interns, volunteers, subcontractors; agents -and/or consultantsthat have direct contact with juveniles that areregistered sex offenders; and, - F: The identity of any of the Service Provider's employees, interns, volunteers, subcontractors,.agents ... and/or consultants that have direct contact with juveniles that have'a criminal history. For the purpose of this Agreement, the term "criminal history' shall include: (1) current felony or misdemeanor probation or -- parole; (2) a .felony, conviction'or -deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the pastfive years. ARTICLEX ..EQUAL OPPORTUNITY - - 10.01 Service Provider agrees torespectand protect the civil and legal rights of all children and their parents. - .. During the performance of this contract the Service Provider agrees it: - :.(a) Will: not discriminate, against. any child, childcare -provider, parent,. employee or ,applicant for - - - employmentbecause of race, .color, religion, sex or national origin including but hot .limited to - employment, promotion, demotion or transfer, recruitment or advertising, lay-off or termination; rates of . - payor otherformsof compensation and selection for training, including apprenticeship: The Service.' - Provider agrees to post in conspicuous places;: available to employees and applicants for employment,. - notices to be provided setting forth the provision of this non-discrimination. (b) Will, in all solicitations or advertisement for employees placed by or on behalf of the Service. Provider, state that all qualified. applicants for positions in the Facility,.will receive consideration for 61mployment -. without regard torace, .color, religion; sex, or national origin. - - :(c) Shall abide by all, applicablefederal, state and. local.laws -and regulations, including -the Prison.Rape Elimination Act of 2003, 42 U.S.C. 15601 et seq. 10.02 - -Service Provider agrees that it will not engage in any religious indoctrination or require any of the children placed with the Service Provider under this Agreement to participate in any religious.ectivlty. Service.- - 'Provider further agrees that it will not impose any sanctions or deny any benefits to any children placed with the Service Provider under this Agreement solely on account of the child's religious. beliefs or - .because the child does not participate In religious activities. Service Provider further agrees that it will not engage in any activitywith respect to the children placed with the Service Provider-underthis. Agreement that would constitute an establishment of religious or In any manner violate the rights of the children to religious freedom under the First Amendment of the United States Constitution:. - - ARTICLE XI - - - - -OFFICIALS NOT TO BENEFIT 11.01 No officer,. employee or agent .of Contracting County and no member of its governing body and no other public officials of the governing body of the _locality or localities in which the, projectlssituated or being carried who. exercise, any functions of responsibilities in the project, shall participate.inI any. decision .. relatingto this'Agreement which affects or.conflicts with his/her personal interest or haveany personal or pecuniary interest, direct or indirect, in this Agreement orthe:proceeds thereof.. ARTICLE XII DEFAULT, SANCTIONS. PENALTIES FOR BREACH OF CONTRACT 12.01 - Contracting County may, by.written notice of default to Service Provider, terminate thewhole or any part of this Agreement, as It deems appropriate; in any one.of following circumstances:A. If Service Provider failstoperform the work called for by this Agreement within the timespecified .... herein or any extension thereof;or 2019 Arms of Hope-Juvenile ResidentIial Facility SevIc`' - 'Page 6 of f'✓CI p7. l %� B. If Service Provider fails to perform anyof the other material provisions of this Agreement; including ..failure to :achieve the defined goals, outcomes, :and outputs,or so fails to prosecute the -work as to endangerthe performance of. this. Agreement in accordance with its terms; and in either of these two. - circumstances after receiving notice of default, Service Provider does not cure such failure withina.period. I of ten (30) days., . C. Exceptto the extent that a party to this Agreementseeks:emergenty judicial relief, the parties agree to - - negotiatein.good faith in an effort to resolve anydisputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be.resolved by negotiation, the dispute.shall be :submitted to mediation before the parties-resort.to arbitration or litigation. The parties shall. choose a mutually acceptable nediatorto mediate the. dispute, .and; the parties shall pay the.costs of mediation services equally. D. The prevailing party in any lawsuit arising out_of this Agreement will be entitled to Attorney's fees from . :the other, party; including actions for declaratory relief. E. All notices required under this Agreement shall be in writing. They shall be sent by fax or by registered U.S. mail,'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, notic6. required in this Agreement shall be deemed to have been received when actually receive: . F. Captions in this Agreement 'are for convenience only and shall he deemed irrelevant in construing the'. provisions of the Agreement. - . . - G. The, parties intend that, in construing and enforcing the provisions.of the Agreement, mediators and judges shall give maximum effectto the principles of contractual freedom and contractual enforceability. H. 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 provision of the Agreement. - - I. 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 other circumstance. . J. The covenants and agreements in this Agreement are binding on and, issued to the benefit of the parties- . and their respective heirs, executors, administrators, legal representatives; successors,. and assigns.:. .... . - ARTICLE XIII TERMINATION 13.01 'The term of -this -Contract shall be for a period of twelvemonths from the effective date; however, if - - either party feels in its judgment that the contract cannot be successfully, continued, and desires to terminate this contract, then the party ;so.desiring to terminate may do so by notifying the other party in - .- writing, by: certified mail or personal delivery to:its.principal office,: of its intention to: terminate the - - contract thirty. (30) calendar days from the date of the Notice of Termination. At 12:00 o'clock Midnight, . thirty (30) calendar days after the date of the Notice of Termination, this contract shall terminate, become null and void, and be of no further.forceor effect... Such termination shall not, affect or diminish Contracting County's responsibility for of any amounts due and owing at the time of termination - -. of the contract. Contracting County shall remove at its expense all children placed in the Facility on or before the termination date. 13.02 _ Service Provider shall cease to incur costs associated with_this Agreement upon termination or receipt of - . written notice to terminate, whichever occurs first: :.. - .. .. ARTICLE XIV. WAIVER OF SUBROGATION. - - 14.01 Service Provider expressly waives any and all Fights it. may have of subrogation to any claims or rights of its employees,, agents, owners, officers, or subcontractors: against Contracting County. Service Provider also waives. any rights itmayhave to indemnification from Contracting County. 2019 Arms of Mope- Juvenile ResidentialFacilityServices _. - -Page 7, of 9, Vol. ARTICLE XV: - - - - - - - INDEMNIFICATION - .. 15.01.1 It Is furtheragreed that ServiceProviderwill Indemnify and. hold harmless Contracting County against any, . and all negligence 'liability, loss, costs,daims or expenses arising out of.wrongful.and negligent act(s) of commission. or omission by Service Provider,:its.agents, servants or-employees arisIng . from .activities - under this contract.-Service. Provider shall have-no obligation toindemnifyand hold harmless Contracting County for any act(s) of commission or omission-of the County or. the Counq!s agents,. servants, or '.employees arising from or related to this contract for which a claim or other action is made, .... ARTICLE XVI. .... _ ... - .-.... 'SOVEREIGN IMMUNITY 16.01_ This Agreement is expressly made. subject to Contracting County's Sovereign .Immunity, Title s of the 'Texas CivilPractices�and Remedies Code, and all applicable federal and state Iaw..The parties expressly agree that no provision of this Agreement is inany way Intended to constitute a waiver or any immunities ..:.from suitor from liability that the Contracting County has by operation of law. Nothing in this. Agreement - .. is intended.to benefit any.third:party beneficiary. - - - - - - - .ARTICLE XVII REPRESENTATIONS & WARRANTIES.:. _ 17.01:. Service Provider hereby representsand warrants the following: . A. That It has all necessary.right, title, license and authority to enter into this Agreement; B. That is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of servicesbeingcontracted for; that It is in compliance with all statutory and regulatory .requirements for.the operations of its business; and thatthere are no taxes due and owing to the State of Texas, the County of Contracting County or any political subdivision thereof, - . and, - C. Service Provider will maintain in.. rce policies of general liability Insurance against loss to any person or - . - property occasioned by acts or omissions of Service: Provider. Certified copies of original insurance policies - - - shall. be furnished to Contracting.: County upon. request. Furthermore, the Contracting County ihall.be notified immediatelyuponany. changesinthe status of insurance policies .and shall promptly furnish , . - updated certificates of. insurance to Contracting County:. - D:. That all of its employees,interns, volunteers, subcontractors, agents .and/or consultants will be - properly trained to report allegations or incidents of abuse;_ exploitation or neglect of a.juvenile in . - accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile . .. -i Justice Department administrative rulesregarding abuse,neglect and exploitation allegations:' . . E. The vendor.or applicant certifies that the individual or business entity named in this agreement, bid or .. - ... application: is not ineligible to receive the specified giant, loan .or payment and acknowledges-that this Agreement may be terminated and payment withheld if this certification is inaccurate. ,'.ARTICLE XVIII '.. :.. ., .. .. .. .. TEXAS LAW TO APPLY . .18.01 This Agreement shall 6e cdnstrued under andira accordance with the laws of the State of Texas.- . ARTICLE XIX - - - .. VENUE 19.01 ' Exclusive venue for any litigation arising from.this Agreement shall be in Brazos County, Texas. 2019 Arms of Hope—Juvenlle Residential Facility services Page 8of9 Vol. P11. y3 ARTICLE XX . - LEGAL CONSTRUCTION'- .. ... - 20.01 In case any one or more of theprovisionscontained in thls 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. - - - ARTICLEXXt PRISON RAPE ELIMINATIONACT 21.01 If applicable, the ServiceProvidershall adopt and complywith all federal, state, county, and _city, laws, - ordinances, regulations and standards applicable -to the provision of services describedherein and the .. - performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination - Act of 2003 (PREA)_ which establishes a zero -tolerance standard against sexual' abuse and sexual harassment. of incarcerated persons, including juveniles, and addresses the. .detection; �elimination, - prevention,.and reporting of sexual abuse and sexualharassment. In facilities housing adult and juvenile offenders. [PREA §115.312(a)):.-. - ..:. ... ... - ... .-.... ..... 21.02.-.Under.PREA,-Service Provider is complying with- PREA standards [PREA §115.312(b)] and shall make available to. the Ch'ief.Juvenile-Probation Officer, or designee, all incident -based, aggregated datareports - - of sexual abuse at its facility within 24 -hours of the allegation, and all such dataI may be requested by the Department of Justice from the previous calendar year no later than June 3O`h'[PREA §115.387(e) and (f)]. -. This Contract and Agreement.is executed with the declared intention of.the parties thatthis'Contract and Agreement is a. contract providing for the careof children who have allegedly committedan act of delinquency or, an act indicating a need for supervision, and payment for such care will be made byContracting County. for the children placed in the Facilityor in the Tele -Counseling Service Program by the Judge of the Contracting, County having juven lie j u risd iction. - - Bra- s County', - Arms of Hope - Pro tionDepartment � Undo Ricketsonr(C)�,-L�Date/ ,,.,,- IQ I Authorized Representative .. Date xecutl .Director' -- - - Duane Peters. - Date Chairman,Brazos County Juvenile Board - - - - EXECUTED IN DUPLIC U _E`ACH'OF WHICH SHALL HAVE F LL FORCE ND FFECT OF AN ORIGINAL. IN _ - ITN WHEREO , we hereunto h our signature this day of a 2018. Duane Peters; County Judge,_ Brazos County - - - 200S. Texas Ave., Ste. 332 - - - Bryan, TX 77803. _ - - - Phonei 979-361.4102, Fax: 979-361-4503 2019. Arms of Hope luvenlle Residential Facility5ervices _' Page 9 of 9. . va Pg. ��� Comparison of Prices for Election Equipment Ballot Processing- Per year 2019 Hart $ - $ ES&S $ 2,685.00 ES&5- Option 02- No Increase Pollbooks $ 92,710.00 14,895.00 $ 114,298.00 $ 330.00 $ 114,298.00 Pollbook Licenses- Recurring Annual Fee $ 11,500.00 2022 $ 15,315.00 $ $ 15,315.00 Election Equipment $ 1,583,951.00 $ $ 1,564,772.05 $ 2,685.00 $ 1,564,772.05 Election Equipment Licenses- Recurring Annual Fee $ 84,204.00 7,400.00 $ 128,965.00 $ 1,422-20 $ 128,965.00 Total Initial Equipment Costs $ 1,772,365.00 2019 $ 1,823,350.05 $ $ 1,823,350.05 Ballot Processing- Per year 2019 $ 330.00 $ - $ 2,685.00 $ 2,685.00 2020 $ 330.00 $ 135,413.25 $ 14,895.00 $ 14,895.00 2021 $ 330.00 $ 128,965.00 $ 2,685.00 $ 2,685.00 2022 $ 330.00 2023 $ 14,670.00 $ 14,670.00 2023 $ 330.00 $ $ 2,685.00 $ 2,685.00 Annual Costs $ 7,400.00 $ 7,400.00 Misc. Initial Costs Poll Book Licenses $ 1,422-20 $ 14,601.49 $ 14,601.49 2019 $ 7,500.00 $ 1,770,117.20 $ 15,315.00 $ 15,315.00 2020 $ 11,500.00 $ 16,080.75 $ 15,315.00 2021 $ 11,500.00 Year 3 Total $ 16,884.79 $ 15,315,00 2022 $ 11,500.00 154,365.00 $ 17,729.03 $ 15,315.00 2023 $ 11,500.00 $ $ 18,615.48 $ 15,315.00 Voting Equipment Licenses 2019 $ 84,204,00 $ - $ 128,965.00 $ 128,965.00 2020 $ 84,204.00 $ 135,413.25 $ 128,965.00 2021 $ 84,204.00 $ $ 142,183.91 $ 128,965.00 2022 $ 84,204.00 $ 149,293.11 $ 128,965.00 2023 $ 84,204.00 2022 $ 156,757.76 $ 128,965.00 Additional Election Support Vol. _ °7 pg. / 7� 2019 $ - $ 7,400.00 $ 7,400.00 2020 $ - $ 8,000.00 $ 8,000.00 2021 $ - $ 7,400.00 $ 7,400,00 2022 $ - $ 8,000.00 $ 8,000.00 2023 $ - $ 7,400.00 $ 7,400.00 Misc. Initial Costs $ 1,422-20 $ 14,601.49 $ 14,601.49 Year 1 Total $ 1,770,117.20 $ 1,848,036.54 $ 1,848,036.54 Year 2 Total $ 96,034.00 $ 174,389.00 $ 167,175.00 Year 3 Total $ 96,034.00 $ 169,153.70 $ 154,365.00 Year 4 Total $ 96,034.00 $ 189,692.14 $ 166,950.00 Year S Total $ 96,034.00 $ 185,458.24 $ 154,365.00 Total S Year Investment $ 2,154,253.20 $ 2,566,729.62 $ 2,490,891.54 Net Difference $ - $ 412,476.42 $ 336,638.34 Vol. _ °7 pg. / 7� MHART_ intercivic VERITY MASTER AGREEMENT This Master Agreement ("Agreement"), entered into effective as of , 201 ("the Effective Date") by and between Hart InterCivic, Inc., a Texas corporation ("Hart") and the Customer set forth below ("Customer"), sets forth the terms and conditions pursuanttowhich Customermay procure from Hart certain hardware ("Hardware"), software ("Software") licenses and support services ("Software Support Services"), warranty services ("Warranty Services"), and/or design, engineering, software development, project management, operational training, election event support, and/or other services ("Professional Services"), from time to time. Hardware and Software may be referred to as "Products" and Warranty Services, Software Support Services and/or Professional Services may be referred to as "Services." Products may be "Hart Hardware," and "Hart Proprietary Software," (i.e. 'Hart Products") or "Third Party Hardware" and "Sublicensed Software" (i.e. "Third Party Products"). The foregoing may be referred to together as the "Verity system." Hart agrees to sell or provide to Customer Products and Services according to this Agreement, which includes all Schedules, Attachments and Exhibits. Customer agrees to all terms and conditions of this Agreement. Pricing and other material terms of Customer's initial commitment are as set forth in the Schedule A or Customer Signed Quote attached hereto as Exhibit A. This Agreement and Hart's quotations issued hereunder together comprise the complete and exclusive Agreement for the sale of the Products and the provision of the Services. No other terms and conditions sent by Customer shall apply, including any terms or conditions contained in any purchase order, request for quote (RFQ), request for proposal (RFP), communication or other operational form that is in addition to or different than the terms and conditions of this Agreement. Any of Customer's terms and conditions that are different from or in addition to those contained herein are hereby objected to and shall be of no effect unless specifically agreed to in writing by an officer of Hart. Customer acknowledges it has read and understands this Agreement (including all Schedules, Attachments and Exhibits) and is entering into this Agreement only on the basis of the terms set forth in this Agreement (including all Schedules, Attachments and Exhibits). Agreed and Accepted: Customer Jurisdiction: Brazos County, TX Name: Brazos County Elections Address: 200 S Texas Ave., Suite 332 Bryan, TX 77803 Phone: (979)361-4102 Facsimile: (979) 361-4503 E-mail: thanccoockk@brazoscountytx.gov s: Executed By:a Name: Duane Peters Title: County Judge Hart Hart InterCivic, Inc. 15500 Wells Port Drive Austin, Texas 78728 Alin.: Phillip W. Braithwaite, CEO 800-223-4278 800-831-1485 pbraithwalte@hartic.com Phillip W. Braithwaite CEO This Agreement is not effective until executed by both parties. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Verity Master Agreement _05222017Brazos Vol, o, �� Pa. / �� 1. ORDERING Customer may request quotations for Products or Services from time to time. The existence of this Agreement does not obligate Customer to request a quotation or purchase any Products or Services from Hart. Any Customer request for quotation must include the following information: (i) description of requested Product or Services; (ii) unit quantity and/or desired tern; (iii) Hart's part number and/or vendor part number, if applicable; (iv) current unit price as provided by Hart, if applicable; (v) correct shipping address, if applicable; and (vi) any other order information required by Hart. Each request for quotation shall identify the address of the shipping destination, if applicable. Customer may only make a request for quotation via facsimile and other Hart approved electronic ordering methods, including email. All quotations are valid for only 30 days unless specifically stated on the front of the quotation. If the quotation is signed by Customer within thirty (30) days, Hart will provide notice of its acceptance via countersignature within fifteen (15) days of the date on which it receives Customers signature on the Hart quotation. Failure to provide such written acceptance shall be deemed Hart's rejection of the order. Hart reserves the right to accept or reject any order initiated by Customer in Hart's discretion. Only signed quotations will obligate the parties to the terms of such quotations and this Agreement with respect to the applicable Products and/or Services. Each accepted quotation shall be subject to the terms and conditions of this Agreement. 2. PRICING 2.1. Products. Prices for Products shall be specified by Hart in the relevant quotation or proposal and are subject to change without notice, including Prices for backordered Products, however, Prices in quotations or other agreements signed by both Parties are not subject to change. All prices are exclusive of shipping and packing costs, and insurance. 2.2. Annual License and Support FeeThe "Annual Fee" is the combined fee for licensing (in the rase of Hart Proprietary Software), sublicensing (in the case of Sublicensed Software, if any), and support (a "License and Support Subscription'). Pricing for the initial Annual Fee is the amount specified as the "Initial Annual Fee" on Exhibit A. Pricing for subsequently ordered License and Support Subscriptions shall be specified on the applicable quotation, and unless otherwise specified, shall be pro -rated so as to be co -terminus with the initially -ordered License and Support Subscriptions. After the initial five (5) years, Hart may adjust the amount of the Annual Fee for renewal License and Support Subscription terms by notifying Customer of any price changes with the invoice in which the adjustment is made. Unless adjusted by Hart, each renewal Annual Fee will be the same as the Annual Fee for the renewing License and Support Subscription. Adjustments may not exceed two (2) percent. If Customer purchases a future replacement system from Hart, any Annual Fee for that system will be prorated as applicable. 2.3. Other Services. Pricing for other Services shall be set forth in the applicable quotation, or if not specified, at Hart's then -current hourly rates. 2.4. Additional Charges. Additional charges may apply to Services e.g., travel, communication and other expenses. There will be an additional charge at Hart's current technician's rate per hour for any technical work required as a result of other than Hart - recommended equipment purchased by the Customer for use with the Products. Any other additional charges must be mutually agreed to by Hart and Customer and documented in an amendment to this Agreement. 2.5. Taxes. All prices are exclusive of applicable taxes. All taxes shall be payable by Customer, unless Customer presents Hart with a proper certificate of exemption from such tax. If Customer challenges the applicability of any such tax, Customer shall pay the tax and may thereafter seek a refund. In the event Hart is required to pay any tax at time of sale or thereafter, Customer shall promptly reimburse Hart therefore. 3. PAYMENT 3.1. Products. Except as otherwise provided in Hart's quotation, amounts due for Products shall be billed upon shipment and shall be paid in full within forty-five (45) days after delivery. 3.2. Annual Fee. The Annual Fee for the initial License and Support Subscription is due with payment of initial invoice and annually thereafter before expiration of this Agreement. Annual Fees for subsequently ordered License and Support Subscriptions, if any, shall be due upon acceptance of order and unless specified on the applicable quotation, the corresponding Annual Fees for renewals thereof shall be due annually with the renewal of the initially -ordered License and Support Subscription (i.e. shall be pro- rated and become co -terminus). If Customer fails to timely pay an Annual Fee, all Software licenses and Software Support Services will automatically terminate. 3.3. Other Services. Amounts due for other Services shall be billed upon the earlier to occur of one or more of the following: first election in which the Professional Services are used; receipt of Services acceptance; not later than sixty (60) days after the date of Customers first election in which any portion of the Hardware and/or Software is used, and shall be due within thirty (30) days of receipt of invoice. Verity Master Agreement_052220176razos Pg. / 7 3.4. Payment Mechanics. Customer will pay all amounts due under this Agreement in U.S. Dollars. All payments are to be made to Hart at its principal office in Austin, Texas, as set forth on the signature page or to such other location as may be designated by Hart in a notice to Customer. Hart reserves the right to require C.O.D. payment, a letter of credit, or other security for payment if it determines that such terms are required to assure payment. Customer shall promptly notify Hart in writing of any change to Customer's name, address, or billing information. 3.5. Late Fees. Hart may impose interest at the lower of: (1) one and one-half percent (1Y:%) per month, or (2) the highest rate of interest then permitted by applicable law for all past due balances, compounded monthly and rounded to the next highest whole month. Customer also agrees to pay or reimburse all fees and expenses reasonably incurred by Hart in collecting any amounts due underthis Agreement, including, but not limited to, all attorneys' fees associated therewith. Hart shall have the right, in addition to any and all other rights and remedies available at law or in equity, to delay or cancel any deliveries, to reduce or cancel any or all quantity discounts extended to Customer, and/or to suspend the provision of Services if Customer is in default of payments or any other material term of this Agreement. 3.6. Billing Disputes. If any dispute exists between the parties concerning the amount due or due date of any payment, Customer shall promptly pay the undisputed portion. Such payment will not constitute a waiver by Customer or Hart of any of their respective legal rights and remedies against each other. Customer has no right of set-off. 4. HARDWARE SPECIFIC TERMS 1 4.1. Delivery. Hart will provide estimated shipment dates upon acceptance of Customer's signed quotation. Shipment dates on Hart quotations are approximate only and Hart will not be subject to liability for late or delayed shipment. In the event Customer is unable to receive the Hardware Products at the time of delivery Hart, at its sole option and convenience, may deliver such products to storage at any suitable location including Hart's facilities. All costs incurred by Hart for the transportation, storage, and insurance of such Hardware Products shall be bome by Customer. 4.2. Hart Voting System Equipment Pick -Up. If Customer has legacy Hart Voting System (HVS) equipment, Hart will pick up and salvage all HVS voting devices, computers, and peripherals at no cost to Customer. Customer may retain databases and reports stored on such equipment solely to comply with record retention policies. Customer may retain minimal necessary computers and copies of legacy software for access to records retention databases. Customer agrees to remove all HVS software from all retained computers at the close of the records retention period. Upon request, Customer will provide Hart with written certification that such software has been deleted. 4.3. Acceptance. Customer shall examine all Hardware Products promptly upon receipt thereof. Within thirty (30) business days of such receipt, Customer shall notify Hart in writing of any manner in which Customer claims that the Hardware Products fail to conform to their applicable specification per the Hart documentation delivered with the product, or as to any claimed shortages, or shipments errors. If no written notification is received by Hart within such period, the Hardware Products delivered hereunder shall be deemed accepted by Customer ("Hardware Acceptance"). Hardware Product will be deemed conforming if it meets Hart's published specification for such Product, and any specifications identified on the applicable quotation. Upon Customer's Acceptance, any defects in material or workmanship shall be addressed pursuant to the warranty in Section 9 below. 4.4. InstallationA Hart representative may install the Hardware Products at the Customer's site on a mutually agreed upon date during Hart's normal working hours, within ten (10) business days of delivery, or as soon as is practicable for both parties. Billing will occur on the date the Hardware is shipped to the Customer's site, per Section 3.1 If additional labor and rigging or Customer -specified customization is required for installation due to Customer's special site requirements, Customer will pay those costs including costs to meet union or local law requirements. 4.5. Title and Transportation. Hardware Products are shipped Ex Works (Incoterms 2010) from Hart's designated shipping point. Title transfer and transfer of risk of loss or damage shall be deemed to occur upon Hart making such Hardware Products available to the carrier at Hart's designated shipping point. Hart reserves the right to select the method and routing of transportation and the right to make delivery in installments unless otherwise specified at the time of quotation acceptance by Hart but in no event will the carrier be deemed the agent of Hart. Notwithstanding the foregoing, if customer chooses a financing option offered by Hart, then title to hardware will pass to Customer according to the terms of the finance agreement. 4.6. Rescheduling and Cancellation. Except in the event of unreasonable delays beyond the quoted delivery dates or an uncured default of a material term of this Agreement by Hart, Customer shall not have the right to change, cancel, or reschedule an accepted quotation in whole or in part without the prior consent of Hart. In the event Customer requests a rescheduling of any Hardware Product and such request is accepted by Hart, Customer agrees to promptly pay Hart's standard reschedule charge. Hart may not cancel a quotation after it has accepted Customer's signed submission thereof. Customer may not cancel an order after submission to Hart of a signed quotation. Any cancellations following such times will be at the non -cancelling party's sole discretion and upon terms dictated by the non -cancelling party. Verity Master Agreement _05222017Brazosg q ��Va _y1 p9 ...�/ 5. SOFTWARE SPECIFIC TERMS 5.1. License. Subject to the terms and conditions of this Agreement and for so long as Customer has a current License and Support Subscription in effect, Hart grants to Customer (i) a personal, nonexclusive, nontransferable, and limited license to use the Hart Proprietary Software (which includes Firmware, meaning the Hart Proprietary Software embedded in any Verity system device that allows execution of the software functions) and (ii) a personal, nonexclusive, nontransferable, and limited sublicense to use the Sublicensed Software, if applicable. With this right to use, Hart will provide Customer, and Customer will be permitted to use, only the run -lime executable code and associated support files of the Software for Customer's internal data processing requirements as part of the Verity system. The Software may be used only at the Licensed Location specified as the jurisdiction on the signature page of this Agreement and only on the hardware or other computer systems authorized by Hart in writing. Customers use of the Software will be limited to the number of licenses specified in the applicable quotation. Only Customer and its authorized employees, agents or contractors may use or access the Software. For applicable components, Voters are also authorized to interact with the Software, in a manner consistent with user instructions, for the sole purpose of producing a Cast Vote Record during the course of an election. To the extent Hart Proprietary Software contains embedded third party software, third party licenses may apply. More information concerning embedded third party software can be found in the application's 'Help ->About" and is available upon written request. Such embedded third party software is distinguished from "Sublicensed Software" which is stand-alone software not part of Hart Proprietary Software that may be included under this Agreement. See Exhibit D for a listing of Hart Proprietary Software and Sublicensed Software. 5.2. Records and Audit Customer shall keep clear, complete and accurate books of account and records with respect to the usage of Software and access to the Software licensed hereunder, including without limitation with respect to access thereto. Licensee shall retain such books and records for a period of five (5) years from the date of cessation of any such usage, notwithstanding any expiration or termination of this Agreement. Customer agrees that during the term of this Agreement and such period, Hart, the licensors of any Sublicensed Software, and their representatives may periodically inspect, conduct, and/or direct an independent accounting firm to conduct an audit, at mutually agreed-upon times during normal business hours, of the computer site, computer systems, and appropriate records of Customer to verify Customer's compliance with the terms of the licenses and sublicenses granted to Customer. If any such examination discloses unauthorized usage, then Customer, in addition to paying such payment then due and without limiting Hart's remedies, shall pay the reasonable fees for the audit. 5.3. Restrictions 5.3.1. The Hart Hardware and Hart Proprietary Software are designed to be used only with each other and/or the agreed-upon Sublicensed Software (if any) and Third Party Hardware. To protect the integrity and security of the Verily system, Customer shall comply with the following practices and shall not deviate from them without the express written consent of Hart: (i) Customer shall use the Software and Hardware only in connection with the Verity system, and Customer may only use Hart branded or approved peripherals and consumables with the Verity systern.; (ii) Customer shall not install or use other software on or with the Hardware or Software or network the Hardware or Software with any other hardware, software, equipment, or computer systems; and (iii) Customer shall not modify the Hardware or Software. If Customer does not comply with any provisions of this Section 5.3, then (i) the Limited Warranties under Section 9 and the licenses and sublicenses granted under Section 5.1 will automatically terminate; (ii) Hart may terminate its obligation to provide Software Support Services under Section 8; (iii) Hart will have no further installation obligations. Furthermore, if Customer uses the Software and Hardware in combination with other software and equipment (other software or equipment being those not provided by Hart or its designees), and the combination infringes Hart proprietary patent claims outside the scope of the software license granted to Customer under Section 5.1, Hart reserves its rights to enforce its patents with respect to those claims. 5.3.2. Customer shall not, under any circumstances, cause or permit the adaptation, conversion, reverse engineering, disassembly, or de -compilation of any Software. Customer shall not use any Software for application development, modification, or customization purposes, except through Hart. 5.3.3. Customer shall not assign, transfer, sublicense, time-share, or rentthe Software or use it for facility management or as a service bureau serving others outside of the jurisdiction. This restriction does not preclude or restrict Customer from contracting for election services for other local governments located within Customer's jurisdictional boundaries. Customer shall not modify, copy, or duplicate the Software. All use of software and hardware on which the software resides shall take place and be for activities within Customer's jurisdictional boundaries, except for in cases of joint elections conducted cooperatively with neighboring jurisdictions. All copies of the Software, in whole or in part, must contain all of Hart's or the third -party licensor's titles, trademarks, copyright notices, and other restrictive and proprietary notices and legends (including government -restricted rights) as they appear on the copies of the Software provided to Customer. Customer shall notify Hart of the following: (i) the location of all Software and all copies thereof and (ii) any circumstances known to Customer regarding any unauthorized possession or use of the Software. 5.3.4. Customer shall not publish any results of benchmark tests run on any Software. 5.3.5. The Software is not developed or licensed for use in any nuclear, aviation, mass transit, or medical application or in any other inherently dangerous applications. Customer shall not use the Software In any inherently dangerous application and agrees that Hart and any third -party licensor will not be liable for any claims or damages arising from such use. Verity Master Agreement _052220176raz Vol. o�rir� p,. ! 7 j I 6. DOCUMENTATION Hart will provide Customer with one (1) electronic copy of the standard user -level documentation and operator's manuals and where applicable, environmental specifications for the Product installed at the Customer's location before the first election forwhich the Product will be used, following installation. PROPRIETARY RIGHTS 7.1. Reservation of Rights. Customer acknowledges and agrees that the design of the Products, and any and all related patents, copyrights, trademarks, service marks, trade names, documents, logos, software, microcode, firmware, information, ideas, concepts, know-how, data processing techniques, documentation, diagrams, schematics, equipment architecture, improvements, code, updates, trade secrets and material are the property of Hart and its licensors. Customer agrees that the sale of the Hardware and license of the Software does not, other than as expressly set forth herein, grant to or vest in Customer any right, title, or interest in such proprietary property. All patents, trademarks, copyrights, trade secrets, and other intellectual property rights, whether now owned or acquired by Hart with respect to the Products, are the sole and absolute property of Hart and its licensors. Customer shall not, under any circumstances, cause or permit the adaptation, conversion, reverse engineering, disassembly, or de - compilation of any Product(s), or copy, reproduce, modify, sell, license, or otherwise transfer any rights in any proprietary property of Hart. Further Customer shall not remove any trademark, copyright, or other proprietary or restrictive notices contained on any Hart user documentation, operators manuals, and environmental specifications, and all copies will contain such notices as are on the original electronic media. Intellectual Properties. All ideas, concepts, know-how, data processing techniques, documentation, diagrams, schematics, firmware, equipment architecture, software, improvements, code, updates, and trade secrets developed by Hart personnel (alone or jointly with others, including Customer) in connection with Confidential Information, Verity system, and Hart Proprietary Software will be the exclusive property of Hart. 7.2. Customer Suggestions and Recommendations. Customer may propose, suggest, or recommend changes to the Products at any time. Such proposals, suggestions, or recommendations will become Hart's property and are hereby assigned to Hart. Hart may include any such proposals, suggestions, or recommendations, solely at Hart's option, in subsequent periodic Product updates, without restriction or obligation. Hart is under no obligation to change, alter, or otherwise revise the Products according to Customers proposals, suggestions, or recommendations. 7.3. License Back If Customer possesses or comes to possess a licensable or sub -licensable interest in any issued patent with claims thaI read upon the Verity system, its method of operation, or any component thereof, Customer hereby grants and promises to grant a perpetual, irrevocable, royalty -free, paid-up license, with right to sublicense, of such interest to Hart permitting Hart to make, have made, use, and sell materials or services within the scope of the patent claims. 8. SOFTWARE SUPPORT SERVICES 8.1. Description of Software Support Services. Subject to the terms and conditions of this Agreement and for so long as Customer has the requisite number of License and Support Subscriptions in effect, Hart will provide Customer the Software Support Services described below. Software Support Services under this Section do not cover any of the exclusions from warranty and support coverage as described under Section 9. If Hart, in its discretion, provides Software Support Services in addition to the services described under this Section, Customer will pay Hart for such services on a time -and -materials basis at Hart's then -prevailing rates, plus expenses, and for replacements at Hart's list prices, unless otherwise agreed in writing by Hart and Customer. 8.1.1. Software Support Services. Software Support Services will consist of assisting the Customer in the use of software for purposes of election administration, including functions related to preelection and post-election testing and general operation of the Verity system. Assistance is available via phone and email through the Hart Customer Support Center. See Exhibit B for Hart Customer Support contact information and hours. Software Support Services may consist of periodic updates to Hart Proprietary Software, at Hart's discretion. Because not all errors or defects can or need to be corrected, Hart does not warrant that all errors or defects will be corrected. Software errors or defects must be reported in writing and be accompanied with sufficient detail to enable Hart staff to reproduce the error and provide a remedy or suitable corrective action. The exclusions from warranty coverage under Section 9.5 also are exclusions from Software Support Services under this Section. There may be consumable, shipping and on-site service charges for update releases of software and there may be feature charges for update or enhancement releases of software. WARRANTY AND EXTENDED WARRRANTY 9.1. Certification. Where applicable, Verity system components that require certification will meet the certification requirements in Face on the effective date of the Master Agreement. 9.2. Hart Hardware Limited Warranty. Hart warrants that during the warranty period, the Hart Hardware purchased by Customer will be free from defects in materials and workmanship and will substantially conform to the performance specifications stated in the Verity Operators Manuals for the Hart Hardware applicable at the time of the installation of the Hardware. The warranty period for new Hart Hardware (other than Consumables) is one (1) year, beginning ten (10) days after the shipping date. The warranty period Verity Master Agreement _05222017Brazos for used and/or refurbished hardware is ninety (90) days, beginning ten (10) days after the shipping date. Consumables are warranted only to be free from manufacturing defects for a period ninety (90) days, beginning ten (10) days after the shipping date. Hart will, at Hart's sole discretion, replace or repair any Hart Hardware that does not comply with this warranty, at no additional charge to Customer. To request warranty service, Customer must contact Hart in writing within the warranty period. Hart may elect to conduct any repairs at Customer's site, Hart's facility, or any other location specified by Hart. Any replacement Hart Hardware provided to Customer under this warranty may be new or reconditioned. Hart may use new and reconditioned parts in performing warranty repairs and building replacement products. If Hart repairs or replaces Hart Hardware, its warranty period is not extended and will terminate upon the and of the warranty period of the replaced or repaired Hart Hardware. Hart owns all replaced Hart Hardware and all parts removed from repaired products. Customer acknowledges and agrees that this warranty is contingent upon and subject to Customer's proper use of the Verity system and the Exclusions from Warranty and Software Support Services set forth in Section 9.5. This warranty does not cover any Hart Hardware that has had the original identification marks and/or numbers removed or altered in any manner. This warranty does not include any type of routine maintenance service or preventative maintenance service. This Hardware Limited Warranty may be extended after the initial period under separate Extended Hardware Warranty agreements, subject to the order process contemplated by Section 1. Extended warranties exclude consumable items, including all types of batteries, vDrives and paper ('Consumables'). Renewal of the annual License and Support Subscription does not, in itself, extend the Hardware Limited Warranty. The remedies set forth in this Section are the full extent of Customer's remedies and Hart's obligations regarding this warranty. If the Hart Hardware is required to be reconfigured, modified, or otherwise changed after its sale to and installation at the Customer's location due to the Customer's or a local, state, or federal government certification change(s) or due to any statutory changes or new requirements, Hart will determine the feasibility and cost of the required changes and advise the Customer of the total amount due for those Hart Hardware changes. Upon written approval to move forward with the changes and receipt from the Customer of the stated fees, Hart will complete the required changes to the Customer's Hart Hardware. THIS LIMITED WARRANTY DOES NOT APPLY TO ANY THIRD PARTY HARDWARE. 9.3. Hart Proprietary Software Limited Warranty. Hart warrants that beginning ten (10) days after the shipping of the Hart Proprietary Software and for so long as Customer has the requisite number of License and Support Subscriptions in effect, the Hart Proprietary Software will perform substantially according to the then -current functional specifications described in the applicable software Operators' Manuals accompanying such Hart Proprietary Software. To request warranty service, Customer must contact Hart in writing within the warranty period. Failure to conform to the warranty must be reported in writing and be accompanied with sufficient detail to enable Hart to reproduce the error and provide a remedy or suitable corrective action (a solution that will allow the software to function appropdately). Hart will make commercially reasonable efforts to remedy or provide a suitable workaround for defects, errors, or malfunctions covered by this warranty that have a significant adverse effect upon operation of the Hart Proprietary Software. Because not all errors or defects can or need to be corrected, Hart does not warrant that all errors or defects will be corrected. Customer acknowledges and agrees that this warranty is contingent upon and subject to Customer's proper use of the Verity system and the Exclusions from Warranty and Support Coverage set forth in Section 9.5. The remedies set forth in this Section 9.3 are the full extent of Customer's remedies and Hart's obligations regarding this warranty. THIS LIMITED WARRANTY DOES NOT APPLY TO ANY SUBLICENSED SOFTWARE. 9.4. Professional Services Warranty. Hart represents and warrants that any Professional Services shall be performed in a professional and workmanlike manner. 9.5. Exclusions from Warranty and Software Support Services. The warranties under this Section and Software Support under Section 8 do not cover defects, errors, or malfunctions that are caused by any external causes, including, but not limited to, any of the following: (a) Customer's failure to follow operational, support, or storage instructions as set forth in applicable documentation; (b) the use of incompatible media, supplies, parts, or components; (c) modification or alteration of the Verity system, or its components, by Customer or third parties not authorized by Hart; (d) use of equipment or software not supplied or authorized by Hart; (e) external factors (including, without limitation, power failure, surges or electrical damage, fire or water damage, air conditioning failure, humidity control failure, or corrosive atmosphere harmful to electronic circuitry); (0 failure to maintain proper site specifications and environmental conditions; (g) negligence, accidents, abuse, neglect, misuse, or tampering; (h) improper or abnormal use or use under abnormal conditions; (i) use in a manner not authorized by this Agreement or use inconsistent with Hart's specifications and instructions; (j) use of software on Equipment that is not in good operating condition; (k) acts of Customer, its agents, servants, employees, or any third party; (1) servicing or support not authorized by Hart; (m) Force Majeure; or (n) Consumables, unless expressly set forth in Section 9.2. In any case where Hart Proprietary Software interfaces with third party software, including but not limited to, the Customer's voter registration system, non -Hart election management system, early voting validation system, non -Hart election systems, absentee envelope management systems, or other like systems, Hart will not be responsible for proper operation of any Software that interfaces with the third party software should such third party software be updated, replaced, modified, or altered in any way. Hart will also not be responsible for the proper operation of any Software running on Customer's computer equipment, should Customer install a new computer operating system on said equipment without advising Hart of such changes and receiving Hart's written approval. Hart will not be responsible for the proper operation of any Software should it be configured or operated in any manner contrary than that described herein. Professional Services and associated costs may be required in those situations where the Customer requests Hart's review and approval of any system changes outside the original system specifications at the time of the original acceptance date of this Agreement. Hart reserves the right to charge for repairs on a time -and -materials basis at Hart's then -prevailing rates, plus expenses, and for replacements at Hart's list prices caused by these exclusions from warranty and support coverage. Verity Master Agreement _052220176razos 117, 9.6. Third Party Hardware and Sublicensed Software Excluded. HART MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THIRD PARTY HARDWARE AND SUBLICENSED SOFTWARE, IF ANY, PROVIDED BY HART TO CUSTOMER, ALL OF WHICH IS SOLD, LICENSED, OR SUBLICENSED TO CUSTOMER "AS IS," OTHER THAN AS MAY BE PROVIDED IN ANY PASS-THROUGH WARRANTY DESCRIBED BELOW. HART HAS NO RESPONSIBILITY OR LIABILITY FOR THIRD PARTY HARDWAREAND SUBLICENSED SOFTWARE, IF ANY, PROVIDED BY HARTS DISTRIBUTORS OR OTHER THIRD PARTIES TO CUSTOMER. If Hart sells, licenses, or sublicenses any Third Party Hardware or Sublicensed Software to Customer, Hart will pass through to Customer, on a nonexclusive basis and without recourse to Hart, any third -party manufacturer's warranties covering the equipment or software, but only to the extent, if any, permitted by the third -party manufacturer. Customer agrees to look solely to the warranties and remedies, if any, provided by the manufacturer or third -party licensor. For a list of Third Party Hardware, see Exhibit A. For a list of Sublicensed Software, see Exhibit D or the applicable order. The disclaimers in this Section 9.6 are not intended to apply to embedded third party software integrated within the Hart Proprietary Software, contemplated by Section 5.1. 9.7. Limited Remedies. HART'S SOLE RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN PRODUCTS AND SERVICES IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN, AND TO THE EXTENT SET FORTH IN, THIS WARRANTY TERMS SECTION. 10. PROFESSIONAL SERVICES 10.1, Professional Services. Subject to the terms and conditions of this Agreement, Hart will provide Customer (i) operational training and on-site support at the first election (at minimum, the first day of Early Voting and Election Day) in which the Products are used, and (it) the Professional Services described in each Hart -accepted, Customer -signed quotation. Professional Service days cannot be exchanged for Product fees, Annual Fees, or fees for other Services. If the Professional Services in the initial quotation are not used prior to 12 months after the date of the Customer's first election in which any portion of the Product is used, Hart's Professional Services obligations shall expire and unused days will be billed to the Customer without recovery of amounts paid in advance for Professional Services. 11. REPRESENTATIONS AND WARRANTIES 11.1. Due Organization. Each party represents that it is duly organized, validly existing, and in good standing in the jurisdiction of its organization, and that it has the requisite power and authority to execute and deliver this Agreement and to carry out the transactions contemplated by this Agreement. 11.2. Conflicting Agreements. Each party represents and warrants that it has no outstanding agreement or obligation that is in conflict with any of the provisions of this Agreement, or that would preclude it from complying with the provisions hereof. 12. CUSTOMER RESPONSIBILITIES 12.1. Independent Determination. Customer acknowledges it has independently determined that the Products purchased under this Agreement meet its requirements 12.2. Cooperation. Customer agrees to cooperate with Hart and promptly perform Customers responsibilities hereunder. Customer will (a) provide adequate working and storage space for use by Hart personnel near the applicable Hardware; (b) provide Hart full access to the Hardware and Software and sufficient computer time, subject to Customer's security rules; (c) follow Hart's procedures for placing hardware warranty or software support service requests and determining if warranty remedial service is required; (d) follow Hart's instructions for obtaining hardware and software support and warranty services; (e) provide a memory dump and additional data in machine-readable form if requested; (1) reproduce suspected errors or malfunctions in Software; (g) provide timely access to key Customer personnel and timely respond to Hart's questions, and (h) otherwise cooperate with Hart in its performance under this Agreement. 12.3. Site Preparation. Customer shall prepare and maintain the installation site in accordance with instructions provided by Hart. Customer is responsible for environmental requirements, electrical interconnections, and modifications to facilities for proper installation, in accordance with Hart's specifications. Any delays in preparation of the installation site will correspondingly extend Hart's delivery and installation deadlines. 12.4. Site Maintenance: Proper Storage. Customer shall maintain the appropriate operating environment, in accordance with Hart's specifications, for the Products and all communications equipment, telephone lines, electric lines, cabling, modems, air conditioning, and all other equipment and utilities necessary for the Products to operate properly. Customer shall properly store the Products when not in use. 12.5. Use. Customer is exclusively responsible for supervising, managing, and controlling its use of the Products, including, but not limited to, establishing operating procedures and audit controls, supervising its employees, making timely data backups, inputting data, ensuring the accuracy and security of data input and data output, monitoring the accuracy of information obtained, and managing the use of information and data obtained. Customerwill ensure that its personnel are, at all times, educated and trained in the proper use and operation of the Products and that the Hardware and Software are used in accordance with applicable Verity Master Agreement _05222017Brazos Vol. pg. aO oC" manuals, instructions, and specifications. Customer shall comply with all applicable laws, rules, and regulations with respect to its use of the Products. 12.6. Backups. Customer is solely responsible for timely data backups, and Customer will maintain backup data necessary to replace critical Customer data in the event of loss or damage to data from any cause. Hart is not liable for data loss. 13. TERM AND TERMINATION 13.1. Term. 13.1.1. Of Agreement. Unless earlier terminated as set forth herein, the initial term of this Agreement is one (1) year. 13.1.2. Of License and Support Subscription. Unless earlier terminated as set forth herein, the initial term of the License and Support Subscriptions is one (1) year. Unless otherwise provided in the applicable quotation subsequently ordered License and Support Subscriptions shall be pro -rated so as to be co -terminus with the initially ordered License and Support Subscriptions. 13.1.3. Of Hardware Warranty. Unless earlier terminated as set forth herein, the initial term of new Hardware Warranties is one (1) year. 13.2. Renewals. 13.2.1. Of Agreement. This Agreement shall automatically renew for successive periods of one (1) year fallowing the initial term unless one party notifies the other of its intent not to renew not less than thirty (30) days prior to the end of the then -current term. 13.2.2. Of License and Support Subscriptions. Except as otherwise provided in this Agreement, Customer must renew License and Support Subscriptions before their expiration by paying the Annual Fee invoiced by Hart, as provided in Section 2.2, before the anniversary date immediately following the date of invoice. Each renewal License and Support Subscdptions term will be a one (1) year, commencing on the expiration of the prior term and expiring on the immediately following anniversary date. 13.2.3. Hardware Warranties. Hardware warranties may be extended through a separate Extended Hardware Warranty, ordered in accordance with Section 1. Renewal of this Master Agreement and the License and Support Subscription do not, in themselves, extend hardware warranties. 13.3. Termination. 13.3.1. By Hart. This Agreement and/or all then -current License and Support Subscriptions and Professional Services orders shall automatically terminate or expire as set forth herein and may be terminated by Hart if Customer is in breach of a tens hereof and fails to cure such breach within thirty (30) days afterwritten notice of such breach has been given. 13.3.2, By Customer. Customer may terminate this Agreement, a Product order, or a License and Support Subscriptions and Professional Services orders issued hereunder if Hart is in breach of a tens hereof or thereof, as applicable, and fails to cure such breach within thirty (30) days after written notice of such breach has been given. 13.4. Effect of Expiration and Termination. Any termination under Section 13.3.1 shall operate to terminate this Agreement and any Then current License and Support Subscriptions and Professional Services orders. Any termination under Section 13.3.2 of a License and Support Subscription or Professional Services order shall operate only upon such subscription or order, and shall have no effect on this Agreement or other subscriptions or orders then in effect. Sections 3, 5.2-5.4, 7, 9.5-9.7, 12, 13.4, and 14- 18 shall survive any termination or expiration of this Agreement or the applicable License and Support Subscription and/or Professional Services order. All other rights and obligations shall be of no further force or effect. 14. CONFIDENTIALITY 14.1. Definition. "Confidential Information' means any information related to Hart's business or the Verity system, including but not limited to technical data, trade secrets, know-how, research, product plans, products, services, customers, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information. Confidential Information includes, without limitation, all Software, the Documentation and support materials, and the terms and conditions of this Agreement. 14.2. Non -Use and Non -Disclosure. Customer will keep in confidence and protect Confidential Information (electronic or hard copy) from disclosure to third parties and restrict its use to uses expressly permitted under this Agreement. Customer shall take all reasonable steps to ensure that the trade secrets and proprietary data contained in the Hardware and Software and the other Confidential Information are not disclosed, copied, duplicated, misappropriated, or used in any manner not expressly permitted by the terns of this Agreement. Customer shall keep the Software and all tapes, diskettes, CDs, and other physical embodiments of them, and all copies thereof, at a secure location and limit access to those employees who must have access to enable Customer to use the Verity Master Agreement_05222017Brazos 8 lett. _ �5' pg. Software. Customer acknowledges that unauthorized disclosure of Confidential Information may cause substantial economic loss to Hart or its suppliers and licensors. 14.3. Return of Confidential Information. Upon termination or expiration of this Agreement or, if earlier, upon termination of Customers permitted access to or possession of Confidential Information, Customer shall return to Hart all copies of the Confidential Information in Customer's possession (including Confidential Information incorporated in software or writings, electronic and hard copies). Upon termination of Customer's license or sublicense of Software, Customer shall immediately discontinue all use of the Software and return to Hart or destroy at Hart's option, the Software, including Firmware (and all related Documentation (electronic and hard copy)) and all archival, backup, and other copies of Software, Firmware and Documentation, and provide certification to Hart of such return or destruction. Return or destruction may include hard drives and/or component flash drive devices. 14.4. Customer Employees. Agents and Contractors. Customer will inform its employees and other agents and contractors of their obligations under this Section 14 and shall be fully responsible for any breach thereof by such personnel. 15. INDEMNIFICATION 15.1. Indemnity. Hart, at its own expense, will defend Customer against any claim that the Hart Hardware or Hart Proprietary Software infringes an issued United States patent, registered United States copyright, or misappropriates trade secrets protected under United States law, and shall indemnify Customer against and pay any costs, damages and reasonable attomeys' fees attributable to such claim that are finally awarded against Customer, provided Customer (a) gives Hart prompt written notice of such claims; (b) permits Hart to control the defense and settlement of the claims; and (c) provides all reasonable assistance to Hart in defending or settling the claims. Customer is not liable should Hart infringe upon rights of third party applications included in the Hart solution. 15.2. Remedies. As to Hart Hardware or Hart Proprietary Software that is subject to a claim of Infringement or misappropriation, Hart may (a) obtain the right of continued use of the Hart Hardware or Hart Proprietary Software for Customer or (b) replace or modify the Hart Hardware or Hart Proprietary Software to avoid the claim. If neither alternative is available on commercially reasonable terms, then, at the request of Hart, any applicable Software license and its charges will end, Customer will cease using the applicable Hart Hardware and Hart Proprietary Software, Customer will return to Hart all applicable Hart Hardware and return or destroy all copies of the applicable Hart Proprietary Software, and Customer will certify in writing to Hart that such return or destruction has been completed. Upon return or Hart's receipt of certification of destruction, Hart will give Customer a credit for the price paid to Hart for the returned or destroyed Hart Hardware and Hart Proprietary Software, less a reasonable offset for use and obsolescence. 15.3. Exclusions. Hart will not defend or indemnify Customer if any claim of infringement or misappropriation (a) is asserted by an affiliate of Customer; (b) results from Customer's design or alteration of any Hardware or Software; (c) results from use of any Hart Hardware or Hart Proprietary Software in combination with any non -Hart product, except to the extent, if any, that such use in combination is restricted to the Verity system designed by Hart; (d) relates to Sublicensed Software or Third Party Hardware alone; or (e) arises from Customer -specified customization work undertaken by Hart or its designees in response to changes in Hart Proprietary Software or Sublicensed Software that are made in response to Customer specifications. 15.4. EXCLUSIVE REMEDIES. THIS SECTION 15 STATES THE ENTIRE LIABILITY OF HART AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR INFRINGEMENT AND TRADE SECRET MISAPPROPRIATION, 16. DISCLAIMERS AND LIMITATIONS OF LIABILITY 16.1. Disclaimer of Warranty. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES APPLICABLE TO THE PRODUCT(S) AND/OR SERVICES SET FORTH IN SECTION 9, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE UNDER THIS AGREEMENT, AND (B) HART DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND NONINFRINGEMENT FOR ALL HARDWARE, SOFTWARE, AND SERVICES, CUSTOMER IS SOLELY RESPONSIBLE FOR ASSURING AND MAINTAINING THE BACKUP OF ALL CUSTOMER DATA. UNDER NO CIRCUMSTANCES WILL HART BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR THE LOSS OF OR DAMAGE TO CUSTOMER DATA THE EXPRESS LIMITED WARRANTIES REFERENED ABOVE EXTEND SOLELY TO CUSTOMER AND DO NOT INCLUDE ANY TYPE OF ROUTINE MAINTECNANCE SERVICE OR PREVENTATIVE MAINTENANCE SERVICE. SOME STATES (OR JURISDICTIONS) DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY. 16.2. Limitations of Liability NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HART WILL NOT BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) OR FOR LOST DATA SUSTAINED OR INCURRED IN CONNECTION WITH THE HARDWARE, SOFTWARE, SERVICES, OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. IN ADDITION, HART'S TOTAL LIABILITY TO CUSTOMER FOR DAMAGES ARISING OUT OF OR RELATING TO THE HARDWARE, SOFTWARE, SERVICES, AND THIS AGREEMENT WILL IN NO EVENT Verity Master Agreement _05222017Brazos wit EXCEED THE TOTAL AMOUNTACTUALLY PAID BY CUSTOMER TO HART UNDER THIS AGREEMENT UNDER THE ORDER FOR THE HARDWARE, SOFTWARE OR SERVICE GIVING RISE TO THE APPLICABLE CLAIM. HART IS NOT LIABLE FOR DAMAGES CAUSED IN ANY PART BY CUSTOMER'S NEGLIGENCE OR INTENTIONAL ACTS OR, EXCEPT AS EXPRESSLY SET FORTH HEREIN, FOR ANY CLAIM AGAINST CUSTOMER OR ANYONE ELSE BY ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO CUSTOMER. THE PARTIES AGREE THAT THE LIABILITY AND WARRANTY LIMITATIONS SET FORTH IN THIS AGREEMENT ARE A REASONABLE ALLOCATION OF RISK AND LIABILITY CONSIDERING THE RESPECTIVE BENEFITS OBTAINED HEREUNDER. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN. 16.3. Third Party Products, Services and Referrals. In addition to Third Party Products that may be ordered hereunder, Hart may direct Customer to third parties having products or services that may be of interest to Customer for use in conjunction with the Products or Services. Notwithstanding any Hart recommendation, referral, or introduction, Customer will independently investigate and test non -Hart products and services and will have sole responsibility for determining suitability for use of non -Hart products and services. Hart has no liability with respect to claims relating to or arising from use of non -Hart products and services, including, without limitation, claims arising from failure of non -Hart products to provide proper time and date functionality. 17. DISPUTE RESOLUTION 17.1. Disputes and Demands. The parties will attempt to resolve any claim or controversy related to or arising out of this Agreement, whether in contract or in tort ("Dispute"), on a confidential basis according to the following process, which either parry may start by delivering to the other party a written notice describing the dispute and the amount involved ("Demand"). 17.2. Negotiation and Mediation. After receipt of a Demand, authorized representatives of the parties will meet at a mutually agreed- upon time and place to try to resolve the Dispute by negotiation. If the Dispute remains unresolved after this meeting, either party may start mandatory nonbinding mediation under the commercial mediation rules of the American Arbitration Association ("AAA") or such other mediation process as is mutually acceptable to the parties. 17.3. Injunctive Relief. Notwithstanding the other provisions of this Section 17, if either party seeks injunctive relief, such relief may be sought in a court of competent jurisdiction without complying with the negotiation and mediation provisions of this Section. 17.4. Time Limit. Neither mediation under this section nor any legal action, regardless of its form, related to or arising out of this Agreement may be brought more than two (2) years after the cause of action first accrued. 18. GENERAL PROVISIONS 18.1. Entire Agreement, This Agreement and the Schedules, Attachments, and Exhibits hereto (including Hart -provided quotations signed by Customer and accepted by Hart) are the entire agreement between the parties with respect to the subject matter contemplated herein, and supersede all prior negotiations and oral agreements with respect thereto. Hart makes no representations or warranties with respect to this Agreement or its Products or Services that are not included herein. The use of preprinted Customer forms, such as purchase orders or acknowledgments, In connection with this Agreement is for convenience only and all preprinted terms and conditions stated thereon are void and of no effect. If any conflict exists between this Agreement and any terms and conditions on a Customer purchase order, acknowledgment, or other Customer preprinted form, the terms and conditions of this Agreement will govern and the conflicting terms and conditions in the preprinted form will be void and of no effect. This Agreement may not be amended or waived except in writing signed by an officer of the party to be bound thereby. 18.2. Interpretation, This Agreement will be construed according to its fair meaning and not for or against either party. Headings are Tor reference purposes only and are not to be used in construing the Agreement. All words and phrases in this Agreement are to be construed to include the singular or plural number and the masculine, feminine, or neuter gender as the context requires. 18.3. GOVERNING LAW. THIS AGREEMENTWILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS, UNLESS CUSTOMER IS A GOVERNMENTAL SUBDIVISION OF ANOTHER STATE, IN WHICH CASE THE LAWS OF THE STATE IN WHICH CUSTOMER IS A GOVERNMENTAL SUBDIVISION WILL CONTROL. 18.4. Severability. Whenever possible, each provision of this Agreement will be interpreted to be effective and valid under applicable Taw; but if any provision is found to be invalid, illegal, or unenforceable, then such provision or portion thereof will be modified to the extent necessary to render it legal, valid, and enforceable and have the intent and economic effect as close as possible to the invalid, illegal, or unenforceable provision. If it is not possible to modify the provision to render it legal, valid, and enforceable, then the provision will be severed from the rest of the Agreement and ignored. The invalidity, illegality, or unenforceability of any provision will not affect the validity, legality, or enforceability of any other provision of this Agreement, which will remain valid and binding. 18.5. Force Majeure. "Force Majeure" means a delay encountered by a party in the performance of its obligations under this Agreement That is caused by an event beyond the reasonable control of the party, but does not include any delays in the payment of monies due by either party. Without limiting the generality of the foregoing, "Force Majeure" will include, but is not restricted to, the following Verity Master Agreement _05222017Brazos I 10 types of events: acts of God or public enemy; acts of governmental or regulatory authorities (other than, with respect to Customer's performance, the Customer, and its governing entities); fires, floods, epidemics, or serious accidents; unusually severe weather conditions; failure of third parties to timely provide software, hardware, materials, or labor contemplated herein including by reason of strikes, lockouts, or other labor disputes, If any event constituting Force Majeure occurs, the affected party shall notify the other party in writing, disclosing the estimated length of the delay and the cause of the delay. If a Force Majeure or other such event occurs, the affected party will not be deemed to have violated its obligations under this Agreement, and time for performance of any obligations of that party will be extended by a period of time necessary to overcome the effects of the Force Majeure. 18.6. Compliance with Laws. Customer and Hart shall comply with all federal, state, and local laws in the performance of this Agreement, including those governing use of the Products. Products provided under this Agreement may be subject to U.S. and other government export control regulations. Customer shall not export or re-export any Products. 18.7. Assignment. Hart may assign this Agreement or its interests herein any including the right to receive payments, without Customer's consent. Customer will be notified in writing if Hart makes an assignment of this Agreement. Customer shall not assign this Agreement or any licenses granted hereunder without the express written consent of Hart, such consent not to be unreasonably withheld. 18.8. Independent Contractors. The parties to the Agreement are independent contractors and the Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Hart's employees, agents, and subcontractors will not be entitled to any privileges or benefits of Customer employment. Customer's employees, agents, and contractors will not be entitled to any privileges or benefits of Hart employment. 18.9. Notices. Any notice required or permitted to be given under this Agreement by one party to the other must be in writing and shall be given and deemed to have been given immediately if delivered in person to the address set forth on the signature page for the party to whom the notice is given, or on the fifth (5'") business day following mailing if placed in the United States Mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the party at the party's address set forth on the signature page. Each party may change its address for notice by giving written notice of the change to the other party. 18.10. Trademarks. Verity Election Office TM, Verity Voting T", Verity ScanT", Verity Touch T", Verity ControllerT", Verity Accessi'", Verity vDrive T", Verity Touch WnterTM, Verity Ballot'", Verily LayoulT", Verily Build", Verity CountTM, Verity Relay T", Verity KeyTM, and Verity Central T"', and such other Product names indicated as trademarked names of Hart are trademarks of Hart. 18.11. Attorneys' Fees. In any court action at law or equity which is brought by one of the parties to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, in addition to any other relief to which that parry may be entitled. 18.12. Equitable Relief. The parties agree that a material breach of the confidentiality provisions of this Agreement or restrictions set Forth herein would cause irreparable injury to Hart for which monetary damages alone would not be an adequate remedy, and therefore Hart shall be entitled to equitable relief in addition to any other remedies it may have hereunder or at law, without the requirement of posting bond or proving actual damages. 18.13. Government Use. The use, duplication, reproduction, release, modification, disclosure, or transfer of the Products, no matter how received by the United States Government, is restricted in accordance with the terms and conditions contained herein. All other use is prohibited. Further, the Products were developed at Hart's private expense and are commercial in nature. By using or receiving the Products, the Government user agrees to the terms and conditions contained in this Agreement including the terms and conditions contained in this paragraph. Verity Master Agreement _0522201713razos 11 Vol. _ �s p9. Exhibit A Schedule A or Customer Quote for Initial Order Verity Master Agreement _05222017Brazos --- 12 pg, a�� HART intercivic Quote Number Account Name Grand Total 00004760 Brazos County, TX $1,668,155.00 Confidential- Not for Redistribution Vol i CS pg' 9�� Description Verity Controller Controller for Verity Touch polling place equipment (Model 3005351) $4,650.00 60 $279,000.00 AutoBallot Kit Barcode scanner kit for automatic Verity access code creation from VR/elecironic $419.00 60 $25,140.00 poll book data Verity Touch Electronic voting unit (Model 3005355) $4,650.00 360 $1,674,000.00 Verity Standard Standard voting booth w/ transport bag and privacy screens included with Verity Booth Touch 360 Verity Touch w/ Disabled access voting unit (Model 3005353) $5,250.00 60 $315,000.00 Access Verity Accessible Wheelchair -accessible voting booth w/ transport bag and privacy screens included Booth with Verity Touch w/ Access 60 VDrive Flash memory card/audio card for use with Verity devices $66.00 go $5,940.00 Verity Key Electronic security token $109.00 10 $1,090.00 Verity Build Verity Build software (server) 1 $40,000.00 1 $40,000.00 Verily Count Verity Count software (server) $13,500.00 1 $13,500.00 Verity Central Verity Central software (server) $50,000.00 1 $50,000.00 Verily Workstation for Verity software w/ 5 -year warranty $5,900.00 2 $11,800.00 Workstation 23" Flat Panel Monitor for use with Verity Workstation 2 Monitor Canon DR -G1130 Central ballot scanner $10,000.00 2 $20,000.00 Central Scanner Okidata B430 Laser printer w/ starter cartridge for report printing $380.00 1 $380.00 Series Printer Okidata C911 Ballot printer wl starter cartridges (includes 5 -year warranty) $7,300.00 1 $7,300.00 Printer Verity Caddy w/ Storage unit for Verity voting devices; assembly required $740.00 60 $44,400.00 Casters, 4' Wide Verity Voting Rechargeable battery for Verity voting device $102.00 48 $4,896.00 Device Battery Battery Charger, Battery charger for Verily unit $540.00 10 $5,400.00 6 Bay New Includes training, acceptance testing, project management, and on-site support for Implementation the first election on the Verity voting system. Additional services, if required, must be $30,000.00 1 $30,000.00 Services purchased separately. Voting Equipment Salvage of voting equipment and accessories 1 Salvage Services License and Annual license and support fee $84,204.00 1 $84,204.00 Support Confidential- Not for Redistribution Vol i CS pg' 9�� HARTAccount Subtotal $2,612,050.00 Quote Number Name 00004760 Brazos County, TX ! n (L' r C! Y l C Grand Total $1,668,155.00 General Info}motion Expiration Date 12128/2018 Instructions Please fax with signature to (512) 252-6921 or Payment Terms Net 45 scan and email to flistonCdhartic.com to order Terms andConditions Signed Verity Agreement must be received by Hart no later than December 28, 2018 for discount to apply. HVS License and Support fees already paid to Hart by Brazos County will be prorated from the Verity ship date to the end of the current HVS License and Support period and subsequently credited toward this purchase. Brazos County may retain its existing HVS equipment at any quantity deemed sufficient by the County. Any retained equipment will continue to incur annual License and Support fees until an End of Service notice is received by Had. If any portion of the HVS equipment is transferred to another entity, the End of Service notice must include the details of the recipient. Subsequent License and Support for the quoted configuration will be billed annually per contract terms and not subject to increase for the first 5 years of the contract. Delivery includes removal and salvage of customer's existing voting system at no extra charge. Taxes will be calculated in conjunction with the Customer based on the final approved price list. [Hart ;Approval -_ - -- Prepared By Felice Liston Title Director of Sales Signature /'/�y�r�� q//�� Customer Approval - Name: ✓ Title: Customer Approval: Date: IO a rr Confidential- Not for Redistribution Subtotal $2,612,050.00 Shipping and Handling (Estimated) $6,475.00 Solution Price $2,618,525.00 Special Discount ($950,370.00) Grand Total $1,668,155.00 Bill To Attn: Trudy R. Hancock, REO Ship To Attn: Trudy R. Hancock, REO - Elections Administrator Elections Administrator 300 E WM J Bryan Pkwy., Suite 100 300 E WM J Bryan Pkwy., Suite 100 Bryan, TX 77803 Bryan, TX 77803 I Customer. Contact Contact Name Trudy Hancock Email thancock@brazoscountytx.gov Phone (979)361-5775 General Info}motion Expiration Date 12128/2018 Instructions Please fax with signature to (512) 252-6921 or Payment Terms Net 45 scan and email to flistonCdhartic.com to order Terms andConditions Signed Verity Agreement must be received by Hart no later than December 28, 2018 for discount to apply. HVS License and Support fees already paid to Hart by Brazos County will be prorated from the Verity ship date to the end of the current HVS License and Support period and subsequently credited toward this purchase. Brazos County may retain its existing HVS equipment at any quantity deemed sufficient by the County. Any retained equipment will continue to incur annual License and Support fees until an End of Service notice is received by Had. If any portion of the HVS equipment is transferred to another entity, the End of Service notice must include the details of the recipient. Subsequent License and Support for the quoted configuration will be billed annually per contract terms and not subject to increase for the first 5 years of the contract. Delivery includes removal and salvage of customer's existing voting system at no extra charge. Taxes will be calculated in conjunction with the Customer based on the final approved price list. [Hart ;Approval -_ - -- Prepared By Felice Liston Title Director of Sales Signature /'/�y�r�� q//�� Customer Approval - Name: ✓ Title: Customer Approval: Date: IO a rr Confidential- Not for Redistribution Exhibit B Hart Customer Support Contact Information and Hours The following contact information is to be used by Customer for submitting Support requests to Hart InterCivic, Inc.: Customer Support Center Customer Support Center Fax E-mail Address Hart InterCivic, Inc. Switchboard Hours of Operation After Hours 1-866-275-4278 (1 -866 -ASK -HART) 1-512-252-6925 or 1-800-831-1485 ha rtsu oport(oijh artic.com 1 -800 -223 -HART (4278) 7AM-6PM Central Time, M -F Leave Voicemail with contact information for return call (The rest of this page has been intentionally left blank.) Verity Master Agreement _05222017Brazos13 Vol. �BS� __ n s✓� Exhibit C Definitions "Har' means Hart InterCivic, Inc., a Texas corporation. "Verity Accessi""" means the audio tactile interface (ATI) controller created by Hart as an add-on component to a Verity Touch TM that facilitates the performance of voting activities by disabled voters, for example, by providing an audio ballot presentation and/or accepting inputs from adaptive switch mechanisms that facilitate interaction with disabled voters, as needed. "Verity PrintTM" means the device created by Hart for purposes of on -demand ballot printing; this device creates a blank paper ballot from the poll worker's selection of the voters ballot style or precinct on the Verity Print interface. "Verity Controller TM" is a polling place management console capable of interacting with one or more Verity Touch TM devices by transmitting and receiving signals that manage an election, e.g., by opening and closing the polls, providing or recording an audit trail of system events during an election, storing cast ballot data, and applying data security and integrity algorithms. "Verity Scan TM" means the Verity ScanT" device created by Hart, consisting of an in-person digital ballot imaging device. The single -feed scanner transports and scans both sides of a ballot simultaneously, and it is securely attached to a ballot box that provides for secure ballot storage and transport. "Verity Election Office" means Hart InterCivic's software platform that can accommodate a variety of election administration applications and is designed for interoperability, with Verity Voting Hardware and Software. "Verity TouchT " means the Verity Touche electronic voting device created by Hart. Verity Touch devices consist of hardware including an electronically configurable voting station that permits a voter to cast votes by direct interaction, which voting station in.its present configuration created by Hart comprises an electronically configurable touchscreen liquid crystal display (LCD) panel for use in displaying ballot images, and options for tactile input buttons that facilitate voter options for selecting ballot choices and casting a ballot. "Verity Touch Writer"" means the device created by Hart for ballot -marking functions. Touch Writer creates a paper marked ballot from the voter's selections on the electronic interface or the Verity Access ATI controller. "Verity Voting" means Hart InterCivic's family of voting system components designed to conform to federal voting system standards. (The rest of this page has been intentionally left blank.) Verity Master Agreement _05222017Brazos 14 Vol. a� pg. // Exhibit D HART PROPRIETARY SOFTWARE AND SUBLICENSED SOFTWARE Hart Proprietary Software Licensed to Customer via annual subscription may include the following. Actual software and firmware licensed is indicated in the quote or response associated with this Agreement: Licensed Location is the jurisdiction named on the signature page of this Agreement. Any future releases or updates to the software versions listed above will be documented in Hart Release Notes and Version Verification documents. Such releases and updates shall be considered Hart Proprietary Software licensed under this Agreement. Software Sublicensed to Customer via annual subscription: None (The rest of this page has been intentionally left blank.) Verity Master Agreement _05222017Brazos 15 VDI, Pg. 2 /,2 SOFTWARE/FIRMWARE NAME VERSION NUMBER VeritV Build 2.0.2 Verity Count 2.0.2 VeritV Central 2.0.2 Verity User Management 2.0.2 VeritV Election Management 2.0.2 Verity Desktop 2.0.2 Verity Controller 2.0.3 Vent Touch 2.0.3 Verity Touch wlAccess 2.0.3 Licensed Location is the jurisdiction named on the signature page of this Agreement. Any future releases or updates to the software versions listed above will be documented in Hart Release Notes and Version Verification documents. Such releases and updates shall be considered Hart Proprietary Software licensed under this Agreement. Software Sublicensed to Customer via annual subscription: None (The rest of this page has been intentionally left blank.) Verity Master Agreement _05222017Brazos 15 VDI, Pg. 2 /,2 knOWIN 2111 Olive St • St. Louis 63103 KPhone: 855-765-5723 Email: sales@knowink.com Website: www.knowink.corn MASTER SOFTWARE LICENSE AND SERVICES AGREEMENT This Master Agreement (the "Agreement") is entered into as of the_ of , 20_ between Brazos County, TX ("Customer'), and KNOWiNK, LLC ("KNOWMK). WHEREAS, Customer wishes to engage KNOWiNK to provide install and set-up an electronic poll books ("EPBs") system known as the KNOWiNK Poll Pad System (the "System"), to license certain software from KNOWiNK, and to train Customer and/or its designated personnel in the use of the System; WHEREAS, KNOWiNK is willing to perform such services and the other services described in this Agreement (the "Services") for, and license such software (the "Software") to, Customer; WHEREAS, Hart .InterCivic, Inc. ("Service Provider") will perform certain support Services (as indicated below or in an exhibit) under this Agreement, NOW THEREFORE, in consideration of the mutual agreements set forth in this Agreement, Customer and KNOWiNK agree as follows: 1. PROVISION OF THE SYSTEM: KNOWiNK shall deliver and implement the System and the Software as described herein and in quotes signed by both parties ("Quote"). 2 LICENSE AND SUPPORT; RESTRICTIONS: 2.1. Subject to the terms and conditions of this Agreement and for so long as Customer has a current license and support subscription in effect, KNOWiNK grants to Customer a personal, nonexclusive, nontransferable, and limited license to use the Software (which includes firmware, meaning the Software embedded in any System device that allows execution of the software functions) and the applicable documentation. With this right to use, KNOWiNK will provide Customer, and Customer will be permitted to use, only the run-time executable code and associated support files of the Software for Customer's internal requirements as part of the System. The Software may be used only at the Licensed Location specified as the jurisdiction on Exhibit A and only on the hardware or other computer systems authorized by KNOWiNK in writing. Customer's use of the Software will be limited to the number of licenses specified in the applicable Quote. Only Customer and its authorized employees, agents or contractors may use or access the Software. To the extent Software contains embedded third -party software, third party licenses may apply. 2.2 Subject to the terms and conditions of this Agreement, KNOWiNK shall provide: (a) annual software maintenance and support ("Software Support Services") and (b) the implementation, training, support and/or other services ("Professional Services") set forth in this Agreement and the applicable Quote provided in Exhibit B. Software Support Services will consist of periodic updates to the Software, issued at KNOWiNK's discretion. KNOWiNK does not warrant that all errors or defects will be corrected. Neither custom data manipulation nor custom software work is included as a part of software or professional services, unless specified in the applicable Quote provided in Exhibit B or a future separate Quote. Confidential Vol. ��� pg. v.20180223TX 2.3. Customer may not modify or copy the System or Software. Customer shall not, under any circumstances, cause or permit the adaptation, conversion, reverse engineering, disassembly, or de -compilation of any Software or attempt to derive the source code thereof. Customer shall not use any Software for application development, modification, or customization purposes, except through KNOWiNK. 2.4. The use, duplication, reproduction, release, modification, disclosure, or transfer of the System or Software is restricted in accordance with the terms and conditions contained in this Agreement. All other use is prohibited. Further, the System and Software were developed at KNOWiNK's private expense and are commercial in nature. By using or receiving the System or Software, the user agrees to the terms and conditions contained in this Agreement including the terms and conditions contained in this paragraph. 2.5. Customer acknowledges and agrees that the design of the System and the Software, and any and all related patents, copyrights, trademarks, service marks, trade names, documents, logos, software, microcode, firmware, information, ideas, concepts, know-how, data processing techniques, documentation, diagrams, schematics, equipment architecture, improvements, code, updates, trade secrets and material are the property of KNOWiNK and its licensors. Customer agrees that the sale of the hardware and license of the Software does not, otherthan as expressly setforth herein, grant to orvest in Customerany right, title, or interest in such proprietary property. 26. Subject to the terms and conditions of this Agreement, the Service Providerwill provide Customer with tier -one phone support. KNOWiNK will provide all other Services, including implementation, any technical support other than tier -one phone support, Software Support Services, and training. OBLIGATIONS: 3.1. Hardware is shipped Ex Works (Incoterms 2010) from KNOWiNK's designated shipping point. Title change from KNOWiNK to Customer is upon receipt by Customer. Hardware is deemed received upon customer inspection and acceptance testing. Shipping dates are approximate and are based, to a great extent, on prompt receipt of all necessary ordering information from Customer. Billing will commence once shipment has been made. 3.2. On dates that are not Election Day events, KNOWiNK will require Service Provider to physically or remotely answer or respond to a service call request within eight (8) hours. On dates that are Election Day events, Service Providers help desk will be available for calls one hour prior to polls opening to one hour after polls close. On Election Day all calls will be acknowledged and/or addressed within one hour. 3.3. Each party agrees to comply with applicable laws, rules and regulations in connection with its performance under this Agreement or use of the System, Software or Services. The System, Software and components thereof may be subject to U.S. and other government export control regulations. Customer shall not export or re-export all or a part of the System or the Software. A TERM; TERMINATION: 4.1. The term of this Agreement ("Term') shall initially be one year, unless earlier terminated in accordance with this Section. Unless otherwise notified to Customer in writing at least 30 days prior to the end of the then -current term, the Term will renew annually upon payment of the annual License & Support Fee ("Annual Fee') for one-year renewal periods. 4.2 Either party may terminate this Agreement or any outstanding order if the other party is in material breach of this Agreement and fails to cure such breach within thirty (30) days after written notice of such breach has been given. 4.3. Sections 2.3-2.5, 4, 8, 9, 10.2, 10.3, and 10.5, and 13-15 shall survive any termination or expiration of this Agreement or the applicable order. All other rights and obligations shall be of Confidential Vol. �� ag. a�� v. 20180223TX-Brazos no further force or effect. PRICING: 5.1. Prices for hardware shall be specified by Service Provider in the relevant quotation or proposal and are subject to change without notice, including prices for backordered hardware: however, prices in Quotes signed by both Parties are not subject to change. All prices are exclusive of shipping and packing costs, and insurance. 5.2. The "Annual Fee" is the combined, annual fee for licensing (in the case of Software) and support (a "License and Support Subscription"). Pricing for the initial Annual Fee is the amount specified in the Quote and/or Exhibit B. After the initial five (5) years, Service Provider may increase the Annual Fee for a renewal term by including the new Annual Fee amount in the applicable invoice. Adjustments may not exceed two (2) percent. 5.3. Pricing for other Services shall be set forth in the applicable Quote, or if not specified, at KNOWiNK's then -current hourly rates. Additional charges may apply to Services e.g., travel, communication and other expenses. 5.4. All prices are exclusive of applicable taxes. All taxes shall be payable by Customer, unless Customer presents Service Provider and KNOWiNK with a proper certificate of exemption from such tax. If Customer challenges the applicability of any such tax, Customer shall pay the tax and may thereafter seek a refund. In the event Service Provider or KNOWiNK is required to pay any tax at time of sale or thereafter, Customer shall promptly reimburse Service Provider or KNOWINK therefore. ORDERS: 6.1. Customer may request a quotation from time to time. The existence of this Agreement does not obligate Customer to request a quotation or purchase any products or Services. KNOWiNK reserves the right to accept or reject any order initiated by Customer in KNOWiNK's discretion. Only signed Quotes will obligate the parties. Each Quote shall be subject to the terms and conditions of this Agreement. PAYMENT TERMS: 7.1. Service Provider will invoice Customer for all software and services including parts replacements or Customer -requested software modification upon shipment to Customer. Hardware may be billed separately by KNOWINK or Service Provider. Except as otherwise provided in the applicable Quote, such invoices shall be paid in full within forty-five (45) days after delivery. 7.2 Customer will be invoiced for payment for any Services upon conclusion of the service call. Except as otherwise provided in the applicable Quote, payments of such invoices will be due within 30 days of the applicable invoice. 7.3. The Annual Fee for the initial term is due upon receipt of invoice and annually thereafter before expiration of the then current term. If Customer fails to timely pay an Annual Fee, Service Provider and/or KNOWiNK may immediately terminate all Software licenses and support and maintenance Services. Service Provider will submit invoices for Annual Fees approximately 90 days prior to the expiration of the then current term. 7.4. Amounts for all other Services shall be billed monthly, unless otherwise indicated in the applicable Quote. Payment will be due within 30 days of the applicable invoice. Confidential 3 v. 20180223TX-Brazos 7.5. Service Provider may impose interest on overdue payments. The rate of interest that accrues on an overdue payment is the rate in effect on September 1st of the fiscal year in which the payment becomes overdue. The rate in effect on September 1st is equal to the sum of (1) one percent; and (2) the prime rate as published in the Wall Street Journal on the first day of July of the preceding fiscal year that does not fall on a Saturday or Sunday. If it is necessary for either party to bring and administrative or legal action to enforce their rights, the prevailing party is entitled to reasonable attorney fees. Service Provider shall have the right, in addition to any and all other rights and remedies available at law or in equity, to delay or cancel any deliveries, to reduce or cancel any or all quantity discounts extended to Customer, and/or to suspend the provision of Services if Customer is in default of payments or any other material term of this Agreement. 7.6. If any dispute exists between the parties concerning any payment or invoice, Customer shall promptly pay the undisputed portion. Such payment will not constitute a waiver by Customer, KNOWiNK or Service Provider of any of their respective legal rights and remedies against each other. Customer has no right of set-off. CONFIDENTIALITY 8.1. "Confidential Information" means any confidential or proprietary information of a party, including information related to KNOWiNK's or Service Provider's business or the System or Software (and applicable documentation), and the terms and conditions of this Agreement. Confidential Information does not include information that was (a) at the time of disclosure or through no fault of the receiving party, in the public domain, (b) in the possession of the receiving party at the time of disclosure to it without any obligation to restrict use or disclosure, (b) received by a third party who had a lawful right to disclose such information without any obligation to restrict use or disclosure. 82. Except as otherwise required by applicable law, each party will keep in confidence and protect Confidential Information (electronic or hard copy) from disclosure to third parties and restrict its use to performance or use of the Software or System pursuant to this Agreement and other uses expressly permitted under this Agreement. Customer shall take all reasonable steps to ensure that the trade secrets and proprietary data contained in the System and Software and the other Confidential Information are not disclosed, copied, duplicated, misappropriated, or used in any manner not expressly permitted by the terms of this Agreement. Customer acknowledges that unauthorized disclosure of Confidential Information may cause substantial economic loss to KNOWiNK, Service Provider or their suppliers and licensors. 8.3. Upon termination or expiration of this Agreement or, if earlier, upon termination of Customer's permitted access to or possession of Confidential Information, Customer shall return to KNOWiNK (or Service Provider, as applicable) all copies of the Confidential Information in Customer's possession (including Confidential Information incorporated in software or writings, electronic and hard copies). 8A. Each party will inform its employees and other agents and contractors of their obligations under this Section 8 and shall be fully responsible for any breach thereof by such personnel. 9. INDEMNIFICATION: 9.1. Indemnity. KNOWiNK, at its own expense, will defend Customer against any claim that the System or the Software infringes an issued United States patent, registered United States copyright, or misappropriates trade secrets protected under United States law, and shall indemnify Customer against and pay any costs, damages and reasonable attorneys' fees attributable to such claim that are finally awarded against Customer, provided Customer (a) gives KNOWiNK prompt written notice of such claims; (b) permits KNOWiNK to control the defense and settlement of the claims; and (c) provides all reasonable assistance to KNOWiNK in defending or settling the claims. 9.2 Remedies. As to the System or Software that is subject to a claim of infringement or misappropriation, KNOWiNK may (a) obtain the right of continued use of the System or Software for Customer or (b) replace or modify the System or Software to avoid the claim. If neither alternative is available on commercially reasonable terms, then, at the request of KNOWINK, any applicable Software license and its charges will end, Customer will cease using the applicable Confidential Vol. __ pg. v. 20180223TX-Brazos System component or Software, Customer will return to KNOWiNK all applicable KNOWiNK hardware and components and return or destroy all copies of the applicable Software, and Customer will certify in writing to KNOWiNK that such return or destruction has been completed. Upon return or KNOWiNK's receipt of certification of destruction, KNOWiNK will give Customer a credit for the price paid to KNOWiNK for the returned or destroyed System Component or Software, less a reasonable offset for use and obsolescence. 9.3. Exclusions. KNOWiNK will not defend or indemnify Customer if any claim of infringement or misappropriation (a) is asserted by an affiliate of Customer; (b) results from Customers design or alteration of any System component or Software; (c) results from use of any System component or Software in combination with any non-KNOWiNK product, except to the extent, if any, that such use in combination is restricted to the System designed by KNOWiNK; (d) relates to third -party hardware or software alone; or (e) arises from Customer -specified customization work undertaken by KNOWiNK or its designees in response to Customer specifications. 9.4. Exclusive Remedies. THIS SECTION 9 STATES THE ENTIRE LIABILITY OF KNOWINK AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR INFRINGEMENT AND TRADE SECRET MISAPPROPRIATION. IR WARRANTY; LIMITATION OF LIABILITY: 10.1. KNOWiNK warrants all products provided hereunder to be free from defects in material or workmanship under normal use and service for a period of one (1) year from the date of delivery. All repair covered by this warranty must be done by KNOWiNK, or other such warranty repair facilities of KNOWiNK as designated by KNOWiNK unless KNOWiNK specifically directs that this service be performed at another location. Any defect corrected within one (1) year and found to be within this scope of the warranty will be repaired by KNOWiNK and all charges for labor and material, will be borne by KNOWAK. KNOWiNK warrants that all Professional Services will be performed in a professional and workmanlike manner. THIS CONSTITUTES THE SOLE WARRANTIES MADE BY KNOWiNK OR SERVICE PROVIDER, EITHER EXPRESSED OR IMPLIED. THERE ARE NO OTHER WARRANTIES EXPRESSED OR IMPLIED WHICH EXTEND BEYOND THE FACE HEREOF, HEREIN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 102 KNOWiNK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THIRD PARTY HARDWARE, IF ANY, PROVIDED BY KNOWiNK OR SERVICE PROVIDER TO CUSTOMER, ALL OF WHICH IS SOLD, LICENSED, OR SUBLICENSED TO CUSTOMER "AS IS," OTHER THAN AS MAY BE PROVIDED IN ANY PASS-THROUGH WARRANTY. KNOWiNK AND SERVICE PROVIDER HAVE NO RESPONSIBILITY OR LIABILITY FOR THIRD PARTY HARDWARE, IF ANY, PROVIDED BY DISTRIBUTORS OR OTHER THIRD PARTIES TO CUSTOMER. If KNOWiNK or Service Provider sells, licenses, or sublicenses any Third -Party Hardware to Customer, KNOWiNK will pass through to Customer, on a nonexclusive basis and without recourse to KNOWiNK or Service Provider, any third -party manufacturer's warranties covering the equipment or software, but only to the extent, if any, permitted by the third -party manufacturer. 10.3. Customer is solely responsible for any hardware or software purchased from an outside source. Neither KNOWiNK nor the Service Provider will be liable for such products. 10.4. Any tampering, misuse or negligence in handling or use of products provided hereunder renders the warranty void. Further, the warranty is void if, at any time, Customer or any third party attempts to make any internal changes to any of the components of the products provided hereunder; if at any time the power supplied to any part of the product exceeds the rated tolerance; if any external device attached by Customer or Service Provider creates conditions exceeding the tolerance of the product; or if any time the serial number plate is removed or defaced. OPERATION OF THE EQUIPMENT THAT RENDERS THIS WARRANTY VOID WILL BE DEFINED TO INCLUDE ALL OF THE POSSIBILITIES DESCRIBED IN THIS PARAGRAPH, TOGETHER WITH ANY PRACTICE WHICH RESULTS IN CONDITIONS EXCEEDING THE DESIGN TOLERANCE OF THE PRODUCT. Confidential v. 20180223TX-Brazos 10.5. IN NO EVENT SHALL KNOWiNK OR SERVICE PROVIDER BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES AND CUSTOMER'S REMEDIES SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF NONCONFORMING SERVICES, UNITS OR PARTS. SERVICE PROVIDER SHALL NOT HAVE ANY LIABILITY FOR THE ACTIONS OR OMISSIONS OF CUSTOMER OR KNOWINK HEREUNDER. EACH OF KNOWiNK'S AND SERVICE PROVIDER'S MAXIMUM AGGREGATE LIABILITY HEREUNDER SHALL NOT EXCEED FEES RECEIVED BY SERVICE PROVIDER DURING THE 12 MONTHS PRECEDING THE APPLICABLE CLAIM. 11. CONFLICTS: 11.1. KNOWNK will not pay to Customer or any of Customer's officials or employees having official =responsibility for the procurement transaction, or member of his or her immediate family, any benefit of more than nominal or minimal value relating to the award of this Agreement. 12 FORCE MAJEURE: 12.1. Neither KNOWiNK nor Service Provider shall be considered in default by reason of any failure in its performance under this Agreement if such failure results from, whether directly or indirectly, fire, explosion, strike, freight embargo, Act of God or of the public enemy, war, civil disturbance, act of any government, dejure or de facto, or agency or official thereof, material or labor shortage, transportation contingencies, unusually severe weather, default of any other manufacturer or a supplier or subcontractor, quarantine, restriction, epidemic, or catastrophe, lack of timely instructions or essential information from Customer, or otherwise arising out of causes beyond the control of KNOWiNK or the Service Provider. 13. RELATIONSHIP OF THE PARTIES: 13.1. The parties to the Agreement are independent contractors and the Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. KNOWiNK and Service Provider employees, agents, and subcontractors will not be entitled to any privileges or benefits of Customer employment. Customer's employees, agents, and contractors will not be entitled to any privileges or benefits of KNOWiNK or Service Provider employment. 132. Service Provider is an intended third -party beneficiary of this Agreement with the right to enforce this Agreement. 14. DISPUTE RESOLUTION: 14.1. The parties will attempt to resolve any claim or controversy related to or arising out of this Agreement, whether in contract or in tort ("Dispute'), on a confidential basis according to the following process, which either party may start by delivering to the other party a written notice describing the dispute and the amount involved ("Demand"). 14.2 After receipt of a Demand, authorized representatives of the parties will meet at a mutually agreed-upon time and place to try to resolve the Dispute by negotiation. If the Dispute remains unresolved after this meeting, either party may start mandatory nonbinding mediation under the commercial mediation rules of the American Arbitration Association ("AAA") or such other mediation process as is mutually acceptable to the parties. 14.3. Notwithstanding the other provisions of this Section 12, if either party seeks injunctive relief, such relief may be sought in a court of competent jurisdiction without complying with the negotiation and mediation provisions of this Section. Confidential 6 v.20180223TX-Brazos 14.4. Neither mediation under this section nor any legal action, regardless of its form, related to or arising out of this Agreement may be brought more than two (2) years after the cause of action first accrued. 75 GENERAL: 15.1. KNOWiNK may assign or otherwise transfer the obligations incurred pursuant to the terms of this Agreement without the prior written consent of the Customer. 15.2. This Agreement is the complete and exclusive statement of the mutual understandings of the parties regarding the subject matter hereof. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement other then was is expressly stated herein. This Agreement may not be amended or waived except in writing signed by an officer of the party to be bound thereby. 15.3. THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, TO THE EXCLUSION OF THE LAW OF ANY OTHER FORUM. THIS AGREEMENT IS NOT BINDING UNTIL ACCEPTED BY KNOWiNK IN WRITING. 15.4. In the event any provision of this Agreement shall be invalid, illegal or unenforceable in any respect, such a provision shall be considered separate and severable from the remaining provisions of this Agreement, and the validity, legality or enforceability of any of the remaining provisions of this Agreement shall not be affected or impaired by such provision in any way. 15.5. Any notice required or permitted to be given under this Agreement by one party to the other must be in writing and shall be given to Customer at the address set forth on Exhibit A, or to KNOWiNK at the address set forth on the first page of this Agreement, and deemed to have been given: (a) immediately, if delivered personally; (b) on the fifth (51h) business day following mailing if placed in the United States Mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to such address. Each party may change its address for notice by giving written notice of the change to the other party; or (c) on the next business day upon confirmation of delivery, if delivered by overnight delivery by a nationally recognized overnight delivery service. (Signature page to follow) Confidential 7 v. 20180223TX-Brazos vol. 02 f F,. _ i 9 Authorized representatives of Customer and KNOWiNK have read the foregoing Master Software License and Services, Agreement and all documents incorporated into this Agreement and agree and accept such terms effective as of the date first referenced above. CUSTOMER f Brazos County, TX Signature: Print Name: Duane Peters Title: County Judge Date: Confidential KNOWiNK LLC: Signature: Print Name' A001 Title: 6 �� Date: ��2a FVC4, p(j. 020 V. 20180223TX6Brazos Authorized representatives of Customer and KNOWiNK have read the foregoing Master Software License and Services Agreement and all documents incorporated into this Agreement and agree and accept such terms effective as of the date first referenced above. CUSTOMER os Cc nty, TX Signature: L.I.. Print Name: Duane Peters Title: County Judge Date: O75i b Confidential KNOWiNK LLC: Signature: Print Title: Date: v.20180223TX-Brazos Exhibit A General Information Customer Jurisdiction Name: Brazos County Elections Licensed Location (City/State): Bryan, TX Customer Contact(s): Trudy Hancock Billing Address: 300 E WM J Bryan Pkwy., Suite 100 City I State I ZIP: Bryan, TX 77803 Shipping Address (if different): City / State / ZIP: Contact Telephone: (979)361-5775 Alternate Telephone: Fax: Email: thancock@brazoscountytx.gov Service Provider Name: Hart InterCivic, Inc. Service Provider Contact Information: 15500 Wells Port Drive Austin, TX 78728 800-223-4278 (phone) 800-831-1485 (facsimile) Service Provider Customer Support Contact Information and Hours (for tier -1 support): Support Center: 1-865-275-4278 (1 -866 -ASK -HART) Hours of Operation: 7AM-7PM Central Time, M -F After Hours: Leave a voicemail with contact information for return call Confidential Vol. �5� Pg. ��a v.20180223 Exhibit B (Quote) Confidential 10 v.20180223TX-Brazos Vc:. �5- pg. _�3 Quote Number 00003770 HARTAccount Name Brazos County, TX �+ i n i e r c i V i G Total Hart Price $69,150.00 Total Hart Price $69,150.00 Additional Products (Not Provided or Invoiced by Hart) - - Apple iPad (32 GB) Estimated Annual Recurring Fees (Beginning Year 2) $23,560.00 Estimated Additional Description Unit Price Quantity Taltal Price Poll Pad Software Poll Pad software included at no charge 60 Poll Pad Software Poll Pad software $600.00 16 $9,600.00 ePulse Live Connectivity Software for networking Poll Pads $5,000.00 1 $5,000.00 ePulse Add-on - Advanced Adds pollworker check-in, 2 -way messaging, and live pollworker status $5,000.00 1 $5,000.00 Communication to ePulse Live Connectivity Custom Carrying Case for Poll Case for Poll Pad and printer transport and storage $125.00 76 $9,500.00 Pad and Printer Poll Pad Stand $50.00 76 $3,600.00 Poll Pad Stylus $2.50 152 $380.00 Star Micronics TSP65411 Direct Thermal printer for Poll Pad $350.00 76 $26,600.00 Thermal Printer Star Micronics Receipt Paper (50 Thermal printer paper for Pall Pad $125.00 2 $250.00 Rolls) Poll Pad Set-up and Delivery (Per Poll Pad kitting, shipping, and handling $20.00 76 $1,520.00 Unit) License and Support - Poll Pad Annual Poll Pad license and support fee $125.00 60 $7,500.00 Total Hart Price $69,150.00 Additional Products (Not Provided or Invoiced by Hart) - - Apple iPad (32 GB) Estimated Annual Recurring Fees (Beginning Year 2) $23,560.00 Estimated Additional $23,560.00 Product Price Estimated 1 -Year $92 710.00 Price License and Support- ePulse Live Connectivity I Annual ePulse Live Connectivity license and support fee 1$1,000.001 1 1 $1,000.00 License and Supper(- Advanced Annual Advanced Communication license and support $1,000.00 1 $1,000.00 Communication fee License and Support - Poll Pad Annual Poll Pad license and support fee $125.00 76 $9,500.00 Total Annual Poll $11,500.00 Pad Fees Confidential - Not for. Redistribution Vol. _.� S7j pg. � ®HART: intercivic Bill To Attn: Trudy R. Hancock, REO Elections Administrator 300 E WM J Bryan Pkwy., Suite 100 Bryan, TX 77803 Quote Number Account Name Total Hart Price 00003770 Brazos County, TX $69,150.00 Ship To Attn: Trudy R. Hancock, REO Elections Administrator 300 E WM J Bryan Pkwy., Suite 100 Bryan, TX 77803 �CustomerContact - Contact Name Trudy Hancock Email thancock@brazoscountylx.gov Phone (979)361-5770 Generel Information - Expiration Date 1212812018 Instructions Please fax with signature to (512) 252-6921 or Payment Terms Net 30 scan and email to fliston@hartic.com to order. !Terms and Conditions .. r Webinar training online for Poll Pad is provided at no additional charge. Subsequent Poll Pad License and Support will be billed annually. Taxes will be calculated in conjunction with the Customer based on the final approved price list. __-_,._.__T.___ — __ _._ _ _ ILHart Approval Prepared By Felice Liston Title Director of Sales Signature OL.Y.LCL G�LSf(ISU— (Customer Approval Name:/qy//y I�df�t//('7 PJ Customer Approval: Date: lU /J a 11O Confidential - Not for Redistribution �j Vol, t I \ 38 device functionality testing overview A functionality test verifies the ability of the Verity device to work as intended; functionality tests should be completed at least once per year or before every election. Built-in functionality tests are available on each Verity device, under the Device Tests menu. Testing steps vary for each type of Verity device; consult the checklists on the following page for the steps appropriate for your jurisdiction's devices. Instructions for each of the functionality test steps are found beginning on page 40. In addition to the tests listed on the following page, an optional check of the device's rechargeable battery may be performed. For instructions on testing the rechargeable battery, see page 51. p9. _ate I 39 Verity Controller functionality tests 1 Test the touch screen (page 40) 2 Test the thermal printer (page 41) 3 Test the barcode scanner (if applicable) (page 42) Verity Touch functionality tests 1 Test the touch screen (page 40) 2 Test the Verity Access controller (if applicable) (page 44) Verity Touch Writer functionality tests 1 Test the touch screen (page 40) 2 Test the thermal printer (page 41) 3 Test the ballot printer (page 46) 4 Test the Verity Access controller (page 44) Verity Scan functionality tests 1 Test the touch screen (page 40) 2 Test the thermal printer (page 41) 3 Test the ballot scanner (page 47) Verity Print functionality tests 1 Test the touch screen (page 40) 2 Test the thermal printer (page 41) 3 Test the ballot printer (page 46) 4 Test the barcode scanner (if applicable) (page 42) Vol. Pg. 7 40 functionality test procedures testing the touch screen (all devices) 1 On the device startup screen, select Menu. 0 - NOTE: NOTE: On Touch Writer, Scan, and Touch devices, if an election is loaded, press the blue Poll Worker button on the back of the device to access the Menu button. 2 Select Run tests. ► 3 Select Test touch screen. ► �5�_ I 41 testing the touch screen, continued 4 Touch the blue rectangles to test the accuracy of the touch screen. lo - 5 5 Each rectangle should illuminate when touched. Select Exit in the bottom right corner to exit the test. testing the device report printer (Verity Controller, Print, Scan & Touch Writer) 1 Confirm that the report printer is loaded with thermal paper. On the device startup screen, select Menu. op - NOTE: NOTE: On Touch Writer and Scan devices, if an election is loaded, press the blue Poll Worker button on the back of the device to access the Menu button. 2 Select Run tests. ► functionality test procedures testing the device report printer, continued 3 Select Print thermal test page. Do - 4Wait4 Wait while the test page prints on the built-in report printer. ► • If the test page does not print, check that the thermal paper roll is properly installed and repeat the test. testing the barcode scanner (Verity Controller & Print with AutoBallot) 1 Confirm that the barcode scanner is connected. On the device startup screen, select Menu. ► f 43 i testing the barcode scanner, continued 2 Select Run tests. ► 3 Select Test barcode scanner. lo - 4 4 Scan the barcode on the screen using the barcode scanner. If the barcode scanner is functioning correctly, the screen will display "Result: PASS". If not, check connections and restart the device if necessary. ► Vcl. Pg. o��J functionality test procedures testing the Verity Access controller (Verity Touch Writer and Touch with Access) 1 If testing headphones or tactile switches, connect them now. On the device startup screen, select Menu. ► NOTE: If an election is loaded, press the blue Poll Worker button on the back of the device to access the Menu button. If testing external Access devices with a disconnected Touch with Access tablet, note that an election must be loaded to access the Menu. 2 Select Run tests. ► 3 Select Test Access controller. ► Vol. ��� Pg. ��Z testing the Verity Access controller, continued N On the Access controller, press each button once to test the response. To test the Move wheel, turn the wheel to the left and then to the right. ► 5 On the screen, testing success is indicated by a green check mark appearing over each button. Do - 6 6 Repeat step 4 using headphones and/or tactile f switches to test their function (these must be connected 1 before beginning testing). Select Exit when done. ► 7 va. '� f-:5-' pg. X33 functionality test procedures testing the ballot printer (Verity Print & Touch Writer) 1 Confirm that the ballot printer is connected to the Print/Touch Writer and loaded with ballot paper. On the device startup screen, select Menu. Do - NOTE: NOTE: On Touch Writer, if an election is loaded, press the blue Poll Worker button on the back of the device to access the Menu button. 2 Select Run tests. Do - 3 3 Select Print laser test page. ► testing the ballot printer, continued 4 Wait while the test page prints. No - If If the test page does not print, check that printer paper is properly installed, the printer cable and power cables are connected, and the printer is powered on. Restart the device and repeat the test. testing the ballot scanner (Verity Scan only) NOTE: To test the scanner, you will need a bitonal test sheet. On the device startup screen, select Menu. ► NOTE: If an election is loaded, press the blue Poll Worker button on the back of the device to access the Menu button. 2 Select Run tests. lo- va- Va- p g. a ' E. functionalitytest procedures testing the ballot scanner, continued 3 Select Test scanner. lo - 4 4 When the Scanner Test screen displays, insert the bitonal sheet into the scanner as shown. The device will perform a speed test. ► IMPORTANT: Use only,Hart-provided bitonal test sheets: Do not usephotocopies: LVO -1. Pg. functionality;test procedures testing the ballot scanner, continued an example of a good scan image If the speed test fails, or if the displayed images do not meet the standards noted on the previous page, perform calibration on the scanner (page 57), and then repeat the scanner functionality test. If the scanner repeatedly fails the speed and/or contrast test even after calibration, send the device to Hart for repair (see instructions on page 69). some examples of bad scan images bad scanner read head bad pixel (always off) bad red LED sector bad pixel (always on) L ol. a ys Pa. "73b, appendix A: logic and accuracy testing recommended LAT procedures Complete the following steps to perform an LAT. Follow state requirements governing the prior announcement and publication of the test date, time, and location. hand -count the Test Deck Hand count the test deck of pre -marked paper ballots, taking overvotes and blanks into account. If you use Hart Ballot Production Services, Hart may provide a pre -marked test deck, however you must always follow State and local jurisdiction rules governing the test deck composition and marking pattern (for example, local rules may dictate that additional test ballots are required). You may wish to keep a spreadsheet or matrix of the votes marked in the test deck for each ballot option, according to your State requirements. prepare the equipment NOTE: For instructions on predefining voting devices, see page 87. Predefine the Verity voting devices. You must make sure each device being used in the LAT is predefined with your LAT Polling Place ID. You may use more than one set of Verity voting devices in order to speed up the testing, but you do not need to test each device in an LAT. Each voting device does need to be tested if performing functionality testing (see page 40 for functionality testing procedures). Again, all LAT procedures presented here are superseded by State election law, rule, and code. Vol. '71)J�— _ gig• vote on the Verity devices using the test deck 1) Print the Zero report on the Verity voting device(s). 2) Open polls on the voting device(s). 3) Scan the test deck using the Verity Scan/Vote the test deck using the Verity Controller/Touch. 4) Close polls on the voting device(s). 5) If you are performing an LAT with devices only, print and save the device Tally report and verify against the expected results. For jurisdictions that include Verity Count tabulation in their LAT, this step may be optional depending on local or State procedure. NOTE: The Tally report will only be available if you have checked 'Allow Tally" when configuring the election in Build (see the Verity Administrator's Guide: Build). 6) If you are performing an LAT that includes Verity Count tabulation, remove the vDrive from Verity Controller and/or Verity Scan and take to the Count workstation for tabulation. process ballots in Verity Central NOTE: For instructions on processing ballots in Verity Central, see the Verity Administrator's Guide: Central. 1) On the Central workstation, log into Verity and import the signed election export file from Build using the Election Management application. 2) Click Home to exit Election Management and then open Verity Central. 3) Open the election in Central. 4) Create and open a task for LAT 1 (Task type: Test). 5) Print and file a Zero report, if required. 6) Scan the test deck in Central. 7) Print and save a Batch Detail report for later reference. 8) Resolve undervotes, overvotes, and write-ins (if applicable), according to the test plan. 9) Write all ballots to the Test mode vDrive. 10) Remove the vDrive and take to Count for tabulation. FVN appendix A: logic and accuracy testing tabulate in Verity Count NOTE: For instructions on processing vDrives using Verity Count, see the Verity Administrator's Guide: Count 1) On the Count workstation, import the signed export file from Build using the Election Management application, if you have not already done so. 2) Click Home to exit Election Management and open Verity Count. 3) Open the election in Count. 4) Create and open a task for LAT 1. (Task type: Test) 5) Print and file a Zero Report. 6) Read in vDrives from the Verity Controller and/or Verity Scan device(s) and Verity Central. 7) Tabulate the vDrives in Count. 8) Resolve write-ins in Count (if applicable). 9) Print and file a Cumulative report, including overvotes, undervotes, and write-ins (if applicable). compare results Compare the Cumulative Report from Count and the reports from Controller, Scan and Central against the expected results based on the test deck. The reports should match exactly the expected results from the test deck. If the results do not match, identify any discrepancy and reconcile or re -run the LAT. the LAT Log The LAT log includes a checklist of reports that should be printed and filed with the LAT materials and a place to record the pertinent LAT data and signatures of participants. Complete and file the LAT log and other paperwork in a labeled envelope with the vDrives used for the LAT. In some jurisdictions additional LATs are required on Election Day. Regardless of whether or not this is the case in your jurisdiction, it is important to keep the materials from the first LAT organized and available if needed. Val, a �S pg. o? �� performing subsequent LATS with devices only If your LAT is conducted with devices only, and your jurisdiction requires additional LAT(s) on Election Day, you can prepare the test deck and equipment, vote the test deck, and verify the device reports as you did before. Compare and validate the results against those from the first LAT. Again, all LAT procedures presented here are superseded by State election law, rule, and code. performing subsequent LATS with Verity Count If your jurisdiction requires a second (or third) read of the LAT vDrives on Election Day, follow the recommended procedures below. Compare and validate the results against those from the first LAT. Again, all LAT procedures presented here are superseded by State election law, rule, and code. NOTE: For instructions on tabulation using Verity Count, see the Verity Administrator's Guide: Count 1) Open the election in Count. 2) Create and open a task for LAT 2 (and LAT 3, if applicable). (Task type: Test) 3) Print and file a Zero report. 4) Read in vDrives from the first LAT. 5) Tabulate the vDrives in Count. 6) Resolve write-ins in Count (if applicable) 7) Print and file a Cumulative report, including overvotes, undervotes, and write-ins (if applicable). 8) Compare the Cumulative report against the reports from the first LAT and reconcile if necessary. E ,,,_.� .��' Pg. �cli/ 30 J acceptance testing overview An acceptance test should be performed whenever new or refurbished equipment is received for the first time. An acceptance test includes an assessment of the basic physical condition of the equipment, as well as functionality tests and procedures designed to verify that the equipment meets the requirements necessary to function within an election environment. A Hart project manager will work with election officials to prepare an acceptance testing plan appropriate to the specific jurisdiction and to the types and quantity of equipment being implemented. W61, Pg. 4y4 acceptance testing workflow To perform a system -wide acceptance test, the following supplies are recommended: • Thermal printer paper • Device/equipment keys • Verity Key, vDrive(s), and ballots created using the acceptance testing election • Acceptance test logs and checklists (at least 1 for each type of device or equipment) • Asset labels (if applicable) • Power supply (power strips, extension cords, etc.) • Other supplies as appropriate to your specific testing plan Below is the Hart suggested procedure for conducting an acceptance test for an implementation including voting devices, booths, ballot boxes, and storage caddies. Again, the acceptance testing workflow for your jurisdiction may differ depending on your implementation, the quantity of equipment, available storage and warehouse space, and the number of staff members available. 1 Set up marked areas in warehouse for: • Box unloading • Box unpacking/staging • Device assembly and testing (with access to AC power) (separate areas for each device type being tested) • Storage caddy assembly/testing (if applicable) vcv. 'g. a47_ acceptance testing. workflow 2 Set up teams to handle each part of the process (a minimum of two people per team is recommended). • Unloading trucks • Unpacking equipment and disposal of packing materials • Setting up/moving equipment • Testing/inspection of equipment • Performing inventory/affixing asset labels • Disassembly and preparing for storage 3 Unload trucks, place boxes in appropriate area of warehouse floor. 4 Unpack equipment and move to staging area, separating by equipment type. If desired, save some packing boxes for future use, or recycle. Equipment may include some or all of the following: • Verity devices and tablets NOTE: Be sure to keep each tablet together with the device that it shipped with; each device and tablet are married together. • Booth cables/"daisy chain" cables (shipped with each Verity Touch and Touch with Access device) • Voting booths • Ballot printers • Printer tables • Ballot boxes • Storage caddies Vol. ��" pg. --2 48 33 5 Cycle equipment to the corresponding test area and complete testing following the appropriate checklist. Each testing area should have the appropriate supplies present to complete testing: Verity Controller Testing: • 1 or more Verity Touch devices needed * 1 or more booth cable(s) needed Verity Touch Testing: 1 Verity Controller needed • 1 booth cable needed • 1 booth needed Verity Scan testing: • 1 ballot box needed Verity Touch Writer testing: • 1 Accessible booth needed • 1 ballot printer needed Verity Print testing: • 1 ballot printer needed booth testing• • 1 Verity Touch or Touch Writer device needed ballot printer testing*: • 1 Verity Print or Touch Writer device needed • 1 ballot overlay set (optional) NOTE: Ballot printers are shipped with a starter cartridge with sufficient toner for most testing plans. ballot box testing: • 1 Verity Scan device needed 6 If desired, affix asset labels to equipment as needed; record asset numbers. 7 After testing, move equipment to storage area. Veal, P9-.7. !'g.�.jjq 7. ,r acceptance testing workflow acceptance test checklists Each type of Verity equipment should be tested using a dedicated acceptance test checklist (these forms will be developed with your Hart project manager). Test results should be recorded on a matching test log. When performing an acceptance test, you may be performing several tasks, including: • Performing acceptance tests based on the acceptance test checklist for that equipment type. • Predefining and voting the equipment using a test election (for predefinition instructions, see page 87). • Setting device clocks, if necessary (page 63). • Verifying device software versions (page 35) • Performing inventory of devices and accessories and recording device serial numbers, and affixing and recording asset labels. • Performing Hash testing of device and workstation software components, if required (for details, see page 126). NOTE: Yourjurisdiction may have other requirements in addition to or in place of the items noted above. Vol! - pg. I 35 I Verity workstation acceptance testing checklist In most cases, a Hart representative will work closely with election officials and staff to set up the Verity software workstations ordered for your implementation. Acceptance testing checklists will be developed in consultation between the jurisdiction and a Hart project manager. Ideally, acceptance tests of the workstations should be performed in the location where the workstations will be installed. At minimum, an acceptance test for a computer workstation should include the following checks: • All hardware components present and free of shipping damage • All components and accessories connect properly • All components power on • Peripheral components (microphones, printers, scanners, etc.) are mechanically functional. • All software components ordered are present and installed with the correct configuration and version. verifying software version A Power -On Self Test report will print from the device thermal printer each time a device is powered on (on Verity Touch, the report will display on the screen). Look at this report to verify the software version currently installed on the device matches the correct version for yourjurisdiction. The version number will vary and must match the expected version number for your jurisdiction. Software versions installed on Verity computer workstations may be verified by clicking the About link, located in the Help tab on each Verity application screen. F—C-4- Pa._ I Elections Division P.O. Box 12060 Austin, Texas 78711-2060 www.sosstate.tx.us December 20, 2018 Trudy Hancock Elections Administrator The State of Texas Int ��- , *'c���`, Y.v (\ �\ %� David Whitley Secretary of State Brazos County 300 W WM J Bryan Pkwy, Suite 100 Bryan, Texas 77803 Dear Ms. Hancock, Phone: 512-463-5650 Fox: 512-475-2811 TTY 7-1-1 (800) 252 -VOTE (8683) We are in receipt of a copy of the proposed contract between Brazos County and Hart InterCivic ("Hart"), which you have submitted to the Secretary of State pursuant to Section 123.035 of the Texas Election Code. The contract indicates the county plans to acquire Hart's Verity 2.0 which includes Verity Controller, Verity Touch, and Verity Touch w/Access which have fnnware version 2.0.3. This letter will serve as confirmation from our office that these systems are currently certified for use in Texas. Enclosed is a copy of the certification order that pertains to this system. We therefore, officially, approve the submitted contract for the purchase of these systems. Pursuant to state law, this written approval of your voting system contract is required prior to your final execution of the contract, or it will be considered void. If you need additional information, please contact the Elections Division toll-free at 1-800-252- 2216. Sincerely, Keith Ingram Director of Elections Enclosures r4pro :1 ��: P9. 02 The State of Texas Elections Division Phone: 512.463-5650 P.O. Box 120609 Fax: 512-475-2811 Austin, Texas 78711-2060 Dial 7-1-1 For Relay Services www.sos.texas.gov (800) 252 -VOTE (8683) www.votetexas.gov Carlos H. Cascos Secretary of State REPORT OF REVIEW OF HART INTERCIVIC's VERITY 2.0 VOTING SYSTEM PRELIMINARY STATEMENT On June 29th and 30th, 2016, Hart InterCivic, Inc. (the "Vendor") presented Verity Voting 2.0 Voting System for examination and certification ("Verity 2.0"). The examination was conducted in Austin, Texas. Pursuant to Sections 122.035(x) and (b) of the Texas Election Code, the Secretary of State appointed the following examiners: 1. Mr. Stephen Berger, an expert in electronic data communication systems; 2. Mr. Tom Watson, an expert in electronic data communication systems; 3. Mr. Brandon Hurley, an expert in election law and procedure; and 4. Ms. Christina Worrell Adkins, an expert in election law and procedure. Pursuant to Section 122.035(a), the Texas Attorney General appointed the following examiners: 1. Dr. Jim Sneeringer, an expert in electronic data cotmmunication systems 2. Ms. Amanda Crawford, Texas Attorney General's Employee. On June 29, 2016, Mr. Berger, Mr. Watson, Dr. Snecringer, and Ms. Adkins witnessed the installation of the Verity 2.0 software and firmware that the Office of the Texas Secretary of State (the "Office") received directly from the Independent Testing Authority. Ms. Adkins examined the accessibility components of the Verity Touch Writer and Verity Touch with Access. Also, Mr. Tim Juro, a staff attorney with the Office, reviewed the accessibility components of the Verity Touch Writerand Verity Touch with Access. On June 30, 2016, the Vendor demonstrated the system, answered questions presented by the examiners, and test ballots were then processed on each voting device. Each examiner attended. The results were accumulated and later verified for accuracy by the Secretary of State staff. Other members of the Office of the Texas Secretary of State's Elections Division staff and other staff from the Office of the Attorney General were present at various points during the two day examination. Examiner reports on the system are attached hereto and incorporated herein by this reference. On August 31, 2016, a public hearing was conducted in which interested persons were given an opportunity to express views for or against certification of the system. BRIEF DESCRIPTION OF VERITY 2.0 With the exception of Verity Data, Verity Controller, Verity Touch and Verity Touch with Access, the products listed below are upgrades to previous qualified versions of either hardware and/or software that have been certified for use in the State of Texas. The Verity 2.0 Voting System has been evaluated at an accredited independent voting system testing laboratory for conformance to the 2005 Voluntary Voting System Guidelines (VVSG). It has received Elections Assistance Commission (EAC) # HRTVerity2.0 on April 27, 2016. The components of Verity 2.0 include: Component Version Description Verity Build 2.0.2 Election definition software application Verity Central 2.0.2 Central scanning software Verity Count 2.0.2 Central count tabulation and reporting software application Verity User Management 2.0.2 User Management Software a2plication Verity Election Management 2.0.2 Data Management Software application Verit Desktop 2.0.2 Workstation management software Verity Scan 2.0.3 Digital scanner (precinct scanner) (firmware) Verity Touch Writer with Access 2.0.3 Ballot Marking device with audio/tactile interface Verity Data 2.0.2 Election definition software application Verity Controller 2.0.3 Controller unit for Verity Touch/Verity Touch with Access Verity Touch 2.0.3 Direct recording electronic voting machine (DRE) Verity Touch with Access 2.0.3 Controller for Verit "Couch DAU unit FINDINGS The following arc the findings, based on written evidence submitted by the Vendor in support of its application for certification, oral evidence presented at the examination, Texas voting system examiner reports, comments received at the public hearing held on August 31, 2016, and written public comments received. The majority of the public cormnents received regarded the Verity Touch direct recording electronic (DRE) voting machine not producing a Voter Verified Paper Audit Trail (VVPAT). There is no federal or state law requiring VVPAT, and therefore, is not a requirement for certification. There were a number of other comments expressing concern that the Verity Touch DRE did not meet the requirements of the Texas Constitution in regards to the numbering of ballots. The Verity Touch DRE numbers ballots through the public counter, which is the method of numbering ballots prescribed by state law, and meets the requirements of the Texas Constitution. There were a number of comments regarding the requirements of the Texas Election Code in regards to the storage of ballot images and use of ballot images in a recount. The Verity Touch meets the requirements of storing E01-- _���� Pg. �SZ% and producing ballot images, which are the electronically produced records of all votes cast by a single voter. In addition, there were a number of public comments received requesting an additional time to review the examiner reports and other materials. The Secretary of State provided more than the ten days after the date of the public heating for written public comments required under 1 T.A.C. § 81.60, permitting comments outside the ten day public comment period, until November 30, 2016, to allow any interested persons to submit comments. Each component of Verity 2.0, among other things: I. Preserves the secrecy of the ballot; 2. Is suitable for the purpose for which it is intended; 3. Operates safely, efficiently, and accurately and complies with the voting system standard: adopted by the Election Assistance Commission; 4. Is safe from fraudulent or unauthorized manipulation; 5. Pennits voting on all offices and measures to be voted on at the election; 6. Prevents counting votes on offices and measures on which the voter is not entitled to vote; 7. Prevents counting votes by the same voter for more than one candidate for the same office or, in elections in which a voter is entitled to vote for more than one candidate for the same office, prevent counting votes for more than the number of candidates for whom the voter is entitled to vote; S. Prevents counting a vote on the same office or measure more than once; 9. Permits write-in voting; 10. Is capable of permitting straight -party voting; and 11. Is capable of providing records from which the operation of the system may be audited. CONDITIONS During the examination of the system, some examiners identified certain aspects of Verity 2.0 they thought might be improved, though each examiner recommended certification notwithstanding these aspects. There is only one condition on certification: 1. Precinct devices used during early voting by personal appearance, and central accumulators, pursuant to i T.A.0 .§§ 81.52(h) and 81.62(a), are required to attach continuous feed audit log printers. Due to I T.A.C. §§ 81.52(h) and 81.62(a), end-users shall not use Verity Scan 2.0.3 as (1) a precinct device during early voting by personal appearance or (2) a central accumulator. CONCLUSION Accordingly, based upon the foregoing, I hereby certify Verity 2.0 for use in elections in Texas, subject to the above condition. Signed under my hand and seal of office, this L day of OOCarn Zer 2016. W / C *-S-H R, III DEPUTY SECRETARY OF STA)E vot CEMENTITIOUS SLURRY CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S. Texas Ave., Ste. 352 Contract No. 19-100 Bryan, Texas 77803 Page 1 of 9 Pages Telephone (979) 361-4294 April 1, 2019 —January 31, 2020 GENERAL REQUIREMENT FOR CONTRACT 1, _ JZ I L)er , cSe; /-c% as a duly authorized representative of 2 "Contractor" willingly attest to perform (or deliver) as per Exhibit "A" and Exhibit "B" for Br os County. 1 further agree to all of the provisions and specifications contained in this contract. Brazos County is responsible for the preparation of the site prior to the application of slurry and mixture of slurry after application to the site by the contractor. Contractor is responsible for all other items of Specifications in Exhibit A. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD 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 and is exempt from competitive bidding until January 1, 2020. This award period shall be for one year beginning April 1, 2018 through March 31, 2019. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the ofl:erors. Department heads are NOT authorized to sign contracts for Brazos County. Binding contracts shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Prices quoted shall be firm for each contract period. Subsequent price changes, if any, will be applied at the Vol, Pg_ Contract No. 19-100 BRAZOS COUNTY, TEXAS Page 2 of 9 Pages beginning of the renewal period and remain firm for the duration of that period. Any increase in price shall be by agreement of both parties. HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from Contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover Contractor's liability as may arise directly or indirectly from work performed under terms of this contract. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the Contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the contract, a quotation will be solicited from the incumbent Contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts for services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAVMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order. Contractor shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor. When multiple deliveries and/or services are required, the Contractor may invoice following each delivery or performance of service and Brazos County will pay on invoice within thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis Contract No. 19-100 BRAZOS COUNTY, TEXAS Page 3 of 9 Pages only. The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided .under this contract, the Contractor should provide their Taxpayer Identification Number or Social Security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the Contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent, GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall contract, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this contract and any other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this contract shall supersede. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing Act, Texas Local Government Code, §262.021 el seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations, Ofteror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. Potential vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be tiled with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of' this law. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. Vol. ��_ Pg. e2Sy 1 Contract No. 19-100 BRAZOS COUNTY, TEXAS Page 4 or Pages DISQUALIFICATION OF OFFEROR Upon signing this contract, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, if one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a Contractor from submitting multiple bids for different products or services. SEVERABILITY Tf any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA@ (such companies to be acceptable to Brazos County) licensed to write insurance in the stale of Texas, showing that the Contractor is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of Yf' pg. � l+d 6RAZOS COUNTY, TEXAS Contract No, 19-100 Page 5 of 9 Pages $1,000,000. ht the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 2,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required, No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Management (3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit, in all self- propelled vehicles used in connection with the contract, whether owned, non -owned or hired. Waiver of subrogation is required. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County. LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the contract, including, but not limited to, authorizations of the placement of liens on Brazos County properly; 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 for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any contract terms and conditions related to the Limitations will not be binding on Brazos County except to [Ile extent authorized by the laws and Constitution of the State of Texas. COVERAGES/WAGES Nothing in this contract shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or equipment. Nothing in the contract shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this contract and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this contract. The parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. BRAZOS COUNTY, TEXAS Contract No. 19-100 Page 6 of 9 Pages NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 CONTRACTOR: Sales Contact Name: Phone Number: Billing Info: ASSIGNABILITY This contract may not be assigned without the prior written permission of Brazos County. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions thereto. WAIVERS No waiver by either party hereto of any term or condition of this contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. ENTIRE CONTRACT This contract represents the entire and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This contract may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided order this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, 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 Contractor 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, Contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of Vol. pg. G-2 Contract No. 19-100 BRAZOS COUNTY, TEXAS Page 7 of 9 Pages records, the Contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. AUDIT RESPONSIBILTY The Contractor 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 contract. The Contractor shall repay to Brazos County the toll amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defbnd, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. Vol. Pg. G �' Contract No. 19-100 BRAZOS COUNTY, TEXAS Page 8 of Pages HOUSE BILL 89 & DEBARMENT VERFICATION 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 littps://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below fttrther affirms that the company submitting this proposal, under the provisions of Subtitle F, Title 10, and Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Wilt 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: Authorized Company Representative: Date:/ ?�e.,9 D7l /� Contract H: /`I - /oC BRAZOS COUNTY, TEXAS Contract No, 19-100 Page 9 of 9 Pages CERTIFICATION OF BID The undersigned further affirms the non -debarment statement above, that they are duly authorized execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. Signed By: OOI� <��h r0 / Tide: Itl ucl e E?� Typed Name: iA,loe�WiaJ-t Company Name: Phone No. ,;z 7e�) -91�ele_) Email Address Mailing Address: P. O. Box or Street City State Zip Employer Identification Number: 7 a - /S" 7 13 -,? Social Security Number: Appro by ommi si ers' Court on this g4-� day of lubowm by Holding the position of va. C� le -1- Pg. G-3 S PECIALS PECFFICATION Exhibit- R Cemenddous Slurry (Plant-Nft) 1. DUCOUoa. PneumaUcally.mia Ofodttrad6oas materiels With Water for mtdi5mdoa end atebllixadon of subgrade so4 sob bsses, and bases. ]. Dedoltlaaa. Tho teen+ Used d¢oughad the apeciftcndon am defined as tallow$: s Cemmtitiovs—Baadmg partielcs m� by a oameodag affau. s Sot! -area - Uniform mlxaae of a cemeaddaus shiny and la -ales soils. 7. Materlab6 Pumish uncaatsmlu acd material$ of mdfasm qustity that mad the mqui menta of rho plans =&or spodBcations. Nodfy the Pltgiaact of the.pmpoted malaW sorrow and df changes to m&wW sane m MW;m1p r will verify 69 the speeifiestions are and befbn the aoumics = be used. The Engineer may amaple.and ttst Drojea cagaials at soy time bcfam ptaccmcnt. A. Cement Pmmsh $mem mnthnntng to DMS -46W, "diydnmllc CemwL" stare oemeu to Praamt moiatmc damage. Do not use matolal wbdcb hes become ulmd due to maiMmo absmpdam Do not use camau ccatttining lurapo of foreign arena ant anter and in amounts that try be dddalads to the mixing apaedom. & BapDknrmtaryCemarygamll{atcftetr(SCMrj A. Fty AeL Pmt f sh Sy ash caafoaniag to DMS•4610, "Fly Aah". B. Ultra -Piro Fly Azh(l1FFA). FtvrrA UFFA owf r ming to DMS -4610, *Tly Asb'. C Cbamd Cirarmismed Mast•Pmueca Slag (ccM3 S). Fomish Gdan ooafafming to DM5.46 Q'Omund Chtwulatad BIw&Ptemaae Slag", Gmde 100 or 120. D. Silica F== Futaish edits fume omtfmmU%to DMS4630,'Wca Putae^. B. McWcach, Furnish mcffiI=Un cocfanning to DMS -4635, "?AmkaoUe. P. Alkali ByQsa Dust (ABDj Fwdah AUI Bypea9 Duet coahnnizis to DM& 4M "Alliott By-pam Dust". C. Addldm. Ptopdeb ry blood coeoyd of aDpmximatdy 0.05 % of total batrbad weigh D. Wster. Pumlah wets hw of Wusaid wamas sed other objecdomble malts. I -S <. P,gatpmeoL Provide a miXiag plant, tools, and equipment neoaeery for proper mixing and delivery of slurry. A.Starage PacWty. Store all cornpoacros, except .WDW, an wcathaproof coma corn &Starry Pleat Provide a pnnmuLdc/hydreullc mlxirtg plant with monitoring devices to MOWO flaw rates and Use Pressures Regalata aturiy prepartiom by ratibraw scale*. Include all rtorago Reoe, wesober, protowun, sheds, aesia+. Pamp*, mlxera, valves, gauges and regulatin devise MquWW to oondnUouxly oswxco and mix eemrmstIma slurry 61 tha :batch plant. The plow should provide este and easy Cc= for the QC Personnel eo they may obtain sample All maehanical mlxing:muxt be pump driven and can eat Wy on lime slaking tauka, peddle dtivm aibm arathw almUar tedh logy. CDeUvary ognlpmpaa Uivor slurry to the project site in a nonbafia tank. Do cwt stir or *tats with any form of mxhardeal'dovite D.Tkketx. To be gtmanLod thmugb the fimrtlon of the calibrated plot scales Tk'00 should &dlmew the amount of eeteatitious prodact in a dry ton meas. S. Starry Pbytleel Requtmmets A. Pbyrkal Requlremrats. Slurry ebauld meet the fallowing requirements: Table t Leh Tarts • Nola; Perfomrte st 30 mimtm alta batching with a minimum of 60 Mound flow rota All rejected Inds amst be verified by a second round of tmeieg wMio 30 minutes after the -failed teat. 2.3 vol, Mix Property Test Procedure Requirement va, Mia. Paoeotsolids TFJG103.E, Pan f SS vtatloslty • Tex• 130•E Pen fv Mia of 1 mlaate • Nola; Perfomrte st 30 mimtm alta batching with a minimum of 60 Mound flow rota All rejected Inds amst be verified by a second round of tmeieg wMio 30 minutes after the -failed teat. 2.3 vol, d. ConstracdML CangUW tach layer rmifannly, five of loons or aegropaud arae and aitb Ihe:requircd dntmtty and saoistoe coutin t.. Pro -Ain a smooth afffere that conE tat todho typical soot =, line, and grade ahoam rm the plans or u dhcttl . A. Preparation of Subgrsdo or Exfstlag Hasa er'hmmLnea6 Before treating, Ptdvcrizt,'mID Of teeow cdeting Pavemart in aoeor&= with Pertinent bld items tri pians as dirooted. Shape cd tlpg tnatu(al to confien to fife typical aochaw shown en the plans or as d4uted. Wbea shown on the plop+ or directed proof roll the t 40W in accordance with Item 216, "Pmof Rolling," bdate h%tVCIi%lAg Of 9=11ying exh941matnital. Caaoa soft spots as directed. When new base is tagoited to be mixed with ung bee, deliver, Pima, and sprtsd the new tosterW ha the required amcrvt per etoficn. Mtudpahato and tbotaoghly mix new base with adedng matetiat to provide a u ld6= mhutcre to the epocbiod depth beton ahepieg IL Pulvcrbmtlaa. Marehepithg pnlvaimof�carifyexlstiegmaeerWaoOret 10096 paaam a 2•IR•{p. slava U the matcitil coetad ira uniformly prooesed to the nquired depth Ina singlo pass. windrow and excavate tive maaeial to azposo a saeoodary grade to achieve plan depth. C. Application of Cemmtltiow Sunny. Upifaratly epply.nevientitous material Using dum placement. The'Fagiamt ww datmmino the paeem content m pmduco o stabfEfcod tII{tcbrro that mane tlm•roquiremcota shaan oa tAe putts no percentage will be based on laboratory nsstuq.or pilar wgaieoco with the Pmjoct materials. no Engineer will use tbo tests shown in Tables I and 2 for ameeptama of tum mhrmae. I. Determine the plaommi rate in a pesoantago comvcrtdd into e mvarega arm of dry painsla per agaaro yard. 2. Camplata all mixing end compaction oputdi tm within 21ouis after the (nidal mfxlng of sturry to the soil: Apply oemontid ws material only on an arca where mixing, compudng, and finishing can be oompletod during the acme working day. Start application only who the air tamporanoo la el least 35°F and Haing The taxaperanae will be Ukat In tie sbdde and awayf xu f any artificial heat. Saspmd appileation whm the,Fagiaee daterminm that wcather'oondltlom areueardtable. 3•S Ven, � �� •- �'4J�."� � �.,. L Slurry Yleetamt. Mia eemeatitioua materiel with wata, as approved. Provide slurry Erne of objoctionablo matmiab and with a uniform corWoltacy that can be anally applied. Slurry should.be placed on mmarw drat u nt opGmmn emiatw a or a>ig&llYhfghar, Distnbuto entryuniformly by rmldng mmccsdvc pricer ova a maeacred action of the roadway until the specified coateat la reached. D. Mtdng- Tbomaghly mix the materiel end slurry UAM appraved equipmaat. Mix tmtil a homogmaous mixture is obminad. Sprinkle Ina hosted mdtaidb during 0o rt>laing opasann. as dbrocted,• W mdntaln coin m mixing moistt a Spread nd ashape the complemd adahre fo it urlfmm layer. After mixln& tboUglnaa will sample the mtrmnm at roadway malar re and tett in accordance wa Tax -10i - P, Pmt flu, to detanc m caraptiarm with the gradation raqu4smanb in Table t. Table t Gradation Raatlrements Mlnha ftm'A Paadne Move Size I Batt Sobgmde 1-314 fa 100 too 14 1&SS No. 4 60 D. Compaction. Campau the raiahre In oft lift using damity cormol umlma athrswiaa O=ur on the ofaas, C=ptda oompaatlor wtWa 4 Dover after thareoghly mfxirg of opsamptlom metaiel lam the m9. Sprinkle ori manta the trealtd msterial in accordance with fume 204, `Sprinuine to 4nat the matatuna content during aomputica so Opal it Is withlm 2.0 Pacmtsgo pointe of optfammn w determined by Tax -120-L Dammine the =Lst re content of the mixture or the bcomdag and during mmpactioa in acxwdenco with Tex -11 S E. Adjust opaetf ons m required. begin rafting loagdudlaally al the aides and ptoeead towards the outer, ovainWrig on successive hips by d heat ov&half the width of the COUW trait On super alammad atrvw, begin rolling er the Iow.side and pmgersa.tawmd the high side. OfEw mlternao trips of the calla. Operate Wilda as a speed betWeam Timid 6 MPN, u dirested Removc moa+ Ibnt fore enquired etatilliry, compaatituti or fioiab. Replace with cemcOtious miatvm al.tbo Caatmdaeo expense. I. OrdhLwy CampaetFan..Rall with approved aoa+paadoa equipmen% err d4octod Corraet bregufarttles, depmaaiona, and weals Vote hmnadiatdy by swrifying the arm affeaed, adding or removtng treated materiel ma m4pd+ed, reshaping, and rocomoaeting. 4-S dal: C,2 �s�,� Ptd. 2. DMIty CotttroL C4MPsmt to st least 95% of the nmxirn= daasity ddamiaod.ta aemrdeace witb Tex• 120.8. The Fagiaoer will detaniinc tasdway d=sity in seeatdaMA with•Twt Medhod Tax -113-5 ifneorasary, remove mamrial Qat sines eat meet danshy ragritsmratte: Ramova Brea+ that lose rKWM stahillty, aompactim% or fiaidt. Replace with cccambsous mitcta 0 acrd mmpad and test in acc rdanoe,with'dmsity control mdbo& The Engb= may'aoeeyt the gallon if no mote aper i of thea Mort reoeat density tests In below the %moi5ad density and the fadling teat is no mare Usm 3 p f below the specified dea city. L FllWb4t tmmedietdy aRor aompletatg mmpection clip, eklq or fight hinds the nabca of tho eemmtdduca material with a mitinteiaer or subgrade trimmer io e depth of epprotdmah* 114 leeb. Remove loosened material end dispose of it as recd apprevadleastloa. Rob the dipped anrface Immedlmely with a paesonetio-ara MUM until a etaooth aorfsoo is a0elnod. Add email inetrrnanb of watt as ac ded dining tolling. Shape and malntaia the Co ma end surface in nontomi D"With the typical sections, lines and grades shown on the plain or ea direesa& F Dish Coda al constructed eubgrudc, aubbaso or.0esa.ia accon mice with Item 132.3.P,1, "OntbTalowma." Phtish grade of pa drwated eabgtredq subbasom Ism in eaooalanae with [lam, "Finlshhtg." Do ttorstrface parch. R CaAA& Cue for at'least 3 days by sptiahliog In smoadance with item 204, "Spri Mm&" by maintaining the moirtcra coa= no dower than two peremmge points below oplin, or by slpplylag an asphalt uuttesW et the tffie of 0.05 to 020 Olen per egastc yard, es sbaao an the plans or dlmcted by aha mtglnetr. Donal allowed aqutpmenl on the gniahed eamre during cuing tercapt as required far spfk&Ua& Wdeaa otherwise gpprevod. 1. Measwemeat. The traded am will be measured by the nquore.yard of surface area at the sp*cW d depth shown on the plans at approved by the Engineer. Cane; l ,s chary wig bo mwsme I'by the dry rots weight of oementitioes material used to.paoduce the slurry. The masa of cuanmtldoee material sha11 be detvmlaad by ealibaded.toad oeils on the miring pleat dating the mace bobaing of tlto slurry. This !mown mans shall be recorded on all delivery tir]tuar to the project Atter of overlapping WHI .sot be measured mine than ones Qumttities of eamcaUtimo materiels placed during rat bdq to achieve the required epeciSratmn or fall outside the ming area will not be me&=W for payment unlmsapprovedbythe Eagigia. Payment The aril prices bid fur ea cemcntitiove almry will bo.Stlly mmpamaw tf all egaipmea; mmatals,'tmda& and liber win. ibrrdahed as. required. to eoAvWy lasted cemenatlous slurry. 'tba altmy must too= the gpeeNied tot MgWremrma.aod plsood within the plan area. No separate MwsMmnerrtwill be mode for sddltiaael quantiHas o/oaamtlti0uB almry Iasmllod m:oveseome oteatxalom. Tiampmistitrp and disposal of iodl odx "0 will he aabaldlary' to this pccoWure and will not be a separnlc pay it®. 5-5 F .— 1 Exhibit B Southern Cement Slurry, LLC Quotation and Sales Contract �dSi UPERSLURRY- Co: Brazos County Road and Bridge Alin: Purchasing Department Date: 1 l/1912018 Effective Date: 4/01/2019 Subject to terms and conditions, we are pleased to quote the following for use in the construction of: Job Name: Miscellaneous Brazos County Projects Located at: Brazos County, TX Prices quoted are F.O.B: Job site Ouantity U.O.M. Description Unit Price South of Hwy 21 dry ton Cement SuperSturry Delivered S 201.00 Cem-Lime SuperSlurry Delivered S 211.00 North of Hwy 21 Cement SuperSlurry Delivered Cem-Lime SuperSlurry Delivered 211.00 226,00 Job Specification: Dustless Slurry Application for Subgrade or BascTreatment. 1) The above prices are for the reference project only during normal working hours. 2) Please sign and return quotation within 30 days. 3) Quote is based on 15 ton load. Less than full load will be charged at full load freight. 4) Southern Cement Slurry is not responsible for the mixing or compaction of the slurry. 5) Payment in full is due on the last day of the month following the month of shipment. Must be signed and returned for delivery of material. Date: By. F11— 1, P9• 02 71 —l.— _. _e... _......--- -- Southern Cement Slurry by: Great Southern Stabilized Al Woodward Sales / Quality Control BRAZOS COUNTY ROAD AND BRIDGE DEPARTMENT Prarlhana Banerji, PE, CFM, Counly Engineer Memorandum Date; December 6, 2018 To: Purchasing From: Prarthana Banerji P2,Glq�t�l�GrcQiaz This department is requesting approval to utilize Cem-Lime (Cement -Lime Mixture) Super Slurry and Cement Super Slurry. The products originate from Martin Marietta (formerly TXI Materials) and Great Southern Stabilized is the exclusive licensee to provide the specified material in the SoutheastTexas Region through January 1, 2020. We have many roadways in a condition where routine maintenance procedures are ineffective and total roadway reconstruction is necessary. The usual reconstruction operation would involve reclamation of the roadway and stabilization of subgrade with 6% lime or 3% cement, We have found through previous use of the Super Slurry's that: A. The usual application of lime leads to a substantial amount of lime becoming airborne. Lime is an eye, skin and lung irritant While our workers are trained in the proper application of lime and take the necessary precautions when working with lime, there may be citizens living in close proximity to the area where lime is being applied who could be exposed to irritants with normal time stabilization methods. Delivery of stabilization with specified slurry applies the product directly to road materials with no risk of airborne exposure to county residents or county workers. B. A typical lime application requires the introduction of the lime material to the road subgrade and it is then blade mixed and compacted. Moisture is maintained for 3 days by truck watering until such time as the lime mellows and is then re -mixed and final compaction is achieved. The entire "normal" stabilization process for a section of road requires substantially more man-hours and equipment hours than the method specified. Application of the slurry to a section of road will require intensive mixing, blading and compaction for 2 hours after initial application of the slurry, but then the subgrade work is complete (other than curing). The roadway is drivable for the adjacent residents near a project on day of application, Substantially less man hours and equipment hours are required using specified slurry. This department believes that we are paying minimally extra in materials and receiving superior stabilization results, plus added environmental benefits by elimination of airborne lime dust and added benefits due to reduction in fuel, equipment and man hours and in utilizing the Super Slurry. Vol. a �s .. P9. a% SOLE SOURCE 1 SINGLE SOURCE 1 NO SUBSTITUTE JUSTIFICATION Complete this form and submit to Purchasing for Sole Source purchases over $1000,00 REQUISITION (S) Cem-Lime Stabilization cosT_g' 1. Check the category most applicable to your requirement: OSole Source. (No other known source or the only source meeting specifications.) QSingle Source, (Only the designated Supplier is acceptable due to territories, others may exist) ❑Other. Please Explain 11. Check the description(s) most applicable to your requirement: Item has chaincteristics unique to a Single manufacturer essential to proposed use. Proprietary repair or replacement item. Designed into fabricated equipment. QRequired for test and evaluation. QEmergency acquisition as defined in LCC 262 ❑Other: 111. Defining Item ISupplier uniqueness: A. What are the minimum use requirements(e.g., opera ling specs; dIn, CrSiQn5; tolerances; accuracy; purity; reliability; useful life, etc.)? Native/Reclaimed materials tested to achieve strength reqmts. for subgrades 0. How are these requirements critical to your needs? Subgrade strength is essential to quality of the pavement C. What other suppliers were considered and why were they rejected? (Brand names and suppliers should he specited.) D. Why is this make, model, service, orsupplicr the only one acceptable? Sole source provider of this material Prepared By: Prarthana Banerji (Department Personnel) Date; 12/5/2018 Approved By: �� _ Date: 12/5/2018 (Department Bead or Elected official) Approved By: Date: Denied By, _Date; Reason: va m Pg, Southern Cement Slurry, LLC TSUPERSWRRY- January 29, 2018 Brazos County Purchasing Department Re: Sole Source Supplier for SuperSlurry To whom it may concern: Martin Marietta Materials and Southern Cement Slurry have entered into a license agreement for SuperSlurry in the Southeast Texas region. Southern Cement Slurry is the sole source in Brazos County Texas for Cement and Cem-Lime SuperSlurry. Southern Cement Slurry will be the exclusive supplier and sole source in this region through January 1, 2020. Regards, Al Woodward Southern Cement Slurry A division of Alleyton Resources Brazos County Purchasing Department 200 South Texas Ave., Ste. 352 Bryan, TX 77803 MEMORANDUM To: Commissioners Court From: Wm. Charles Wendt Date: January 24, 2018 Re: Sole Source Exemption- Southern Cement Slurry, LLC Requested Action/ Recommendation: Approval of exemption from competitive bidding requirements, for the purchase of cementitious slum product from Southern Cement Slurry, LLC pursuant to Section 262.024 (a)(7) of the Local Government Code. Background: The Brazos County Road & Bridge Department has requested the purchase of cementitious slurry product front Southern Cement Slurry, LLC for use by Brazos County Road & Bridge Department and provided the attached memorandum including justification for this purchase. Based on the information included in this memo, Southern Cement Slurry, LLC. is the exclusive licensee and sole source provider of this product in this region until January 1, 2020 and therefore this purchase can only be obtained from one source. The approval of a sole source purchase meets the exemption requirements of Section 262.024 (a)(7) of the Local Government Code. This section provides for exemption based on purchasing items that can be obtained fr•onv only one source. The exemption complies with Local Government Code for sole source purchases. Section 262.024 (c) requires that if an item exempted under Subsection (a)(7) is purchased, the commissioners court, cf er accepting a signed svaenuent from the county official who ntarkes purchases for the counq, as to the existence of only one source, must enter- in its minutes a statement to that effect. This Memo complies with that requirement. IdIL:_ lii firm. Charles Wendt Purchasing Agent VUi._..� Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN,'FX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 November 30, 2018 Petro Choice 2824 N. Ohio Wichita, KS 67209 Re: Renewal of Contract #19-103X, Automotive & Equipment Oils and Lubricants, previously known as 18-IOZ Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for 19-103R, Automotive & Equipment Oils and Lubricants, previously known as 18- 107. All terns, conditions, and pricing shall remain the same. This renewal term will be for one year from April 1, 2019 to March 31, 2020. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to lmancss@brazoscountytx.gov or fax to (979) 3614293. 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 Name: E -Mail: I PMCA5 9. "oe,,,jad eo •,tet Fax:( 3)%%93,2-37 S ;� Petro Choice Authoriz /Ignature Duane Peters, County Judge Date 1;LdO11g Date // Tabulation 19-103R Automotive BEquipment Oils B Lubricants Previously known as 18.107 April 1 2019 throu h March 31 2020 INmd Eadmatod 014 OescAption Sd10ty441eon Slstams P,at%CFO caNniverea,Lubrismh KD.Timmons Ind. MOTOROIL' 1VN p SSGALORUMS 1 C. gallons UNIT PNLE FEq GN ION 9?Sfi TOTALE%T6NDEBCOST1151NGEST.CUAMItt :A.—➢0 419,91p 0> E5.98 $14,95000 BRAND NAME: p0l Alpo piU(21G DEZOLSISA'Jp® &Nr S F6 20M Henry Dub 15w40' 90.00 DRUM DEPOSIT SOW No LM1vps SYNTHETIC BUNG MOTOR OIL: SW -20 55GAL.DRUM 2 25CO gSIOns UNIT PRICE PER GALLON 46.00 $fi 61 TOTALE%TENOE➢ COST USING EST. CUM11tt $10.25000 515,52500 yd2) 310.5]500 BRAND NAME'. PeApmazta Plm ECOTI11Va Syn UgUg1J 20�0uper5 DRUNIOEPoSIT SOW Np CFar9a NJti-Flo SM P!eM 5NR0 50.00 S1NI1PU1B1ENDMOTOROILI SW -30 SS NAL.CKGM UNIT PRICE PER GALLON 5560 M]4 1413 3 2X09allons TOTAL EXTENDED COST USING EST QUANTITY $16.500,00$16189)w _ $109500 BRANONAME'. !"T' cp Rse ECO.IN0d5yn B!or.d SWAT Supe S MCD ip SM ReM 50030 DRUM DEPOSIT $000 NOCEarya NaCC TRACTOR HYDRAULIC FLUID: SAE10W 55 GAL. DRUM UNIT PUCE PER EXTON $7 60 $7,6 $363 4 2516 gallons IWAL E%TENDEB COST USING EST. QUANTITY $19,50000 $19200 ED $9,02SC0 BRAND NAME'. Pelurreoe Plus UPU'121011Lm`rtl S.ul S Super Lac 303 DRUM DEPOSIT AMDUNT lww Na`Lh-vp" SO.W TRALTORHYORAIJUCFLNO: SAE10W SGALPNL 5 75 gaIIN,s UNIT PRICE PER PAL $45.00 IR2 3 =1112500 TOTAL EMENDED COST USI NG EST AUPNTIIT 5675M $a35$ 13]5 40 BRAND NAME: Pon— Plus OP11X21CITrecBard SuperSSupsr Trs 303 •• EQUIPMENT HYDRAULIC FLOE: BIODEGRADABLE 55 GAL. DRUM 6 190gaIIW9 UNIT PRICE PER GALLON 5B C0 Sell 51550 S12p600O3 51'E:IFS UP, 12$20000 TOTALESTENDED LOST US NGESTAUANRP] BRAND HAVE Performs. Pus OPOC2LV➢nc Flee 6.0' -AS Chevron Glanly HY. O'II A'N 32 $0 To Ne'LTia9x f $0 W 1.04 55 GAL DRUM DRUM DEPOSIT TMNbmAn1ONFLUIU: DIRECTUMVE50WEIGHT 7 15009albns UNIT PRICE PER GALLON Sim fB:62 98.9 IS29,rQSE0 312930;00 $12,83.00 Pee.. Pim OPEk21CJTUG;M Super 55upar Syn trans. HI EO $000 Nodurye {000 TOTAL EX1ENDED COST USING EST. QUAMITY BRAND NAIdE: )RUM DEPOSIT UNIVERSAL GEAR LUBRICANT: SAFBS140WGL5 400LB.DRUM -IFS UNITPRICE PER PoUNQ E1:56 5124 is 8 1CWpcuffis iOTKE%LENOED COSI USING ESi.OUAMIN $1621.00 1155000 51.24000 Pe—Rs OPUX;GTCBgeL85WJ<0 Super S 85W 140 BRAND NAME: DRUM DEPOSIT tO.W NZC0 <1W UNIVERSALGEARLUBRICAM: SAE88-140WGL5 5GAL. PAILS 9 15 UNIT PNLE PER PAIL 91c $6632 $51.20 pa's i0IALFXTENOED COOT USING EST. QUANTITY $107100 INA $]6800 MANE NAME PMnmanoe Plus OPLIXFIC Iga1'85!W140 FULL SYNTHETIC GEAR LUBRICANT: 8OW-140 400 LE. DRUM Soper S MR, 140 UNIT PRICE PER GNLON $33,60 32300 13]5 10 1000 pounds TOTAL W LATULD COST USING ESL QUANTITY 5485100 5320460 5115000 i EPANU NAME: I PWomuro Plus DFLI(21C5_T1-1tEW,l'AO S1pSrSSyn6L80W140 DRUM DEPOSIT 5000 Nu`CFzmc SOW AUTOMATICTRANSMISSIONFLUIO: DE)PRONI:IIMERCONATF 55GAL. DRUM 11 UNIT PRICE PER GALLON )893 SAW 943 TOTAL EXTENDED COST USING EST. OUANTl 152,67700 IT VU5.W BRAND NAME: Peruxmaw Pus ECD_UVa_M,'Aif 5uporSMulS Purpose DIM ATF 300 gallons DRUM DEPOSIr $000 NarCliapo SOOC SYNTHETICAUSOMATICTMNSMISSIONFLUm: TES295FLUID 16 GAL KEGS 12 3009olons UNIT MICE PER GOLLCN 5)1.61 5)1'10 TOTALE#ENDED COST USING ETT. QUANTILP $946100 $9,320.M ORANDNAME. Pedemence Pus 10P.Tre 210EYACOTI [ATF 525.fifi $1008c0 Chovmn Syn ATF HIT EST gal Drum KEG DEP05IT Dean No Chyga 50.00 MULTI VEHICLE FULL SYNTHETIC: ATF 16 GAL KEGS 13 UNIT PRICE PER GALLON $10.50 59.00 $16 d0 TOTAL EXTENDED COST USING E5I.GRATUITY 83.15000 12,96a00 M,9M.W 300 gal" 0RAN0 NAME PedGimwoe Plus Medaa.UPIM3PulI,6YnImVjATF Super S IN Full Syn OE%N Sll Gal bol0es) FFG DEPo91T 4000 No;Cha9e 50 W S. MULTIPURPOSE GREASE -CARTRIDGE TUBE 14 Wpoops UNIT PRICE PER CASE kd 10 $2138 11810 (OiW.FUZE I Lo5T11SIN0 EST. OUANIDV 51963.00 4161050 EL599.Ed OUNCESPER TUBE 14or 14oz 14 pz NUMBER OF TUBES IN CASE ID 10 $10.00 BEANO NAME'. PMpm,ar.CS Flus 0_PI 1C I1C INa BI X04 riMull PLIp2 EQUIPMENT OIL SAMPIJNG INnsni89MW Raft'O'es(va,iour) sel Engine Oil NOCNrga N clvi90 SOW No CN, p"p tny90 $12 CO dranBp 011 UP Ctame _ N'p Chagp $12.00 Mp Cdergo NO Chege ` Yes 81200 ISWASTEOILRFAIOVA1-PICKUPANOPTIONI Yes Yes 16 II WHAT IS THEOOST? No charge IND Charge ■ l9� NolShaz ge NO Charge 17 IS USED OIL FILTER REMOVAT7PICKUPAN OPTION? YesYes $4500 per 55 gal drum Yes IG Yds, 4YNATISTHECOST} NO Ghdrye vU� d Brazos County Purchasing Department P 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 3614290 FAX (979) 3614293 December 5, 2018 Mustang Rental Services 8206 W. SH 21 Bryan, TX 77807 Re: Renewal ojContract #19-105R, Heavy Equipment Rental, previously known as 18-109. Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for 19-105R, Heavy Equipment Rental, previously known as 18-109. All terms, conditions, and pricing shall remain the same. This renewal term will be for one year from March 18, 2019 through March 17, 2020. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to lmaness@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, 1 may be reached at (979) 361-4284. Contact Name: torn MUSTANG RENT VICES r Authorized Sinature BRAS Duane Peters, County Judge Pg. Date iP 8jig— Date Bid # 19-105R HEAVY MACHINERY RENTAL Previously known as 18.109 March 18, 2019 through March 17, 2020 TYPE OF EQUIPMENT MUSTANGrRENTAL SERVICES:? HERC RENTALS NUECES POWER EQUIPMENT •'. 9ACRNOEILOAOER-90 HE - MAKEIMOOEL Y.''iCa1120F BACKHOE JOHN DEERE 31W OR EQUAL CASE9305N 1 MONTHLY iF.Y.`��LY:'�StS1i850:00�:'��.�%��4- f].W9.00 52365.00 WEEKLY _`-�a4§650.00�A'�y: "�.T.,'.^.: 5609,00 {09800 DAILYYi '.'•`:T$21]00 _ §TMAO 5299.00 SMALL CRAWLER TRACTOR WIG WAY' BLAOE, 64HP - 2 MAKEIMODEL :,;�ii�b„t'..V`,�c51 WNMU'DROP:.: - No Bid No BIE MONMLY Slt.TyH3E2;T60 OO+v WEEKLY GAILY CRAWLER TYPE TRACTOR, SOHO - MAI(EMOOEL-:;Cpi p)NAOROP - - Z. NO BIL CASE 650 MONTHLY,U-, 45 592-011- N.702.00 WEEKLY §]50.00- 9y " .— -_ Lb�ui�._.-i_: $ DAILY '._ke$250.00'.�"'�.'-` ' $523.00 353].00 - cRAWLERTYPETRACTOR, 140HP - 4 MAKEIMODEL .::.Cal 05N%LCob Ahy, xa BiL LIEBHERR PH 729 MONTHLY '. 'Ii f4;05000u4t �`^: f9A05AO WEEKLY .r( T': p'51;650� Oi0 �� $1,1]5.00 DAILY 51,045.00 CRAWLER TYPE LOW GROUND PRESSURE TRACTOR,/40 HE - 5 MAKEIMDDELD( v: p6M� "GPL nAI Na BIE LIEBHERR PR716 LOP 125 HE MONTHLY��'.,v�. ,y�1f6;100ADYyyil.°w.' $7,125.00 WEEKLY ;!": f2:100:001`;^tYy"":^, _.',( f2,]]5.00 DAILY-:Sf70000 3]95AO DISC PLOWS .36 HINGE OFFSET - _ - 6 MANFJMODEL omedRH AB]0 No Bid No BW MONTHLY f q .fin �IB15 QOa�A� -; WEEKLY �"GF)T'�.9�!ME560500] i.I GAILY-iJ>"?�«:hfI0200•i: "^-' CRAWLER TYPE LOADER 1-1/2 YARD BUCKET BO HE . T MANFIMODEL Na Bltl Na BIL MONTHLY Y�7J"4 ];51500 W�^ WEEKLY Lg1f2;505.00��.,1.:4m.-. :::+ DAILY _ r WHEELED TYPE LOADER bll2YARD BUCKET ... 60 NP'. - - B MAKEIMODEL Cal 026. NTlI IOtl - NO BIL LIEBHERR LOS IS CU YD 125 HP MONTHLY �yyF' �^f1:D60 ODL 56,120.00 WEEKLY Y- Tifty`OT000 ! - $1,710.00 DAILY 0D 00 S90A0 PNEUMATIC ROLLER, 13 TONS, 9 WHEELS 9 MANOMDOEL „v�tel LYl14 - NO BIL HAMM GRW 16.10 MONTHLY 7$C�51,910 9010. _ 5].376,00 WEEKLY yv�gf5�3A0i:13 $1.125.00 DAILY r g ^,s�.. ,-$214 D0 1 _ $375,06 SOIL COMPACTOR, VIBRATORY, PADDED '� DRUM,25 TONS'. - 10 MAI(EIMOOEL - :6)LLI�CP59 No BIL HAM,IA 111PAD MONTHLY Y)hlaiiSVS}i'S-�%]3500 - 53,375,00 WEEKLY 111200yxL $1,125.00 GAILY 1 "?t31000 $325.00 _ SOICCOMPACTOR, VIBRATORY, SMOOTH DRUM, 25 TONS 64" 11 MAKFIMODEL J .; C31 Cb5B _:Y Na 810 HAMMIUSMOOTH MONTHLYM,af];10000 -y,y-jy jLy.IL :J 53,19500 WEEKLY a..a- 3101]00':• Yayt-,; ..`-;:;Y 51,065.00 DAILY •:Y§SN 00 E35500 ASPHALT RECYCLER, SOMAS MPH t00 0R EQUIVALENT - - 12 MAUKEJMO.M. CAIRM500REy�_...:_ No BIL 4AHTGENWR DOXI-I MONTHLY•; y:ry�c'Y;t'+am 9ss.0o7+;c - _ §15,SSLOD WEEKLY r: {S4;66S0 7,5000.0 DAILY PULVER MIXER ' 13 MANEIMODEL fCiI RM)00 - Noel No Bid MONTHLY _;; }Sj;965.00:n S.: WEEKLY ] :pf2,65fi 00 ONLY FV01. -I�pg• a� 7% V]v1. TYPE OF EQUIPMENT(MUSTANG RENTAL BERVICE9r^ HERC RENTALS NUECES POWER EQUIPMENT WATER TRUCK, 1,200-;OOO GALLON CAPACITY 14 MAKEIMODEL ,-�'"ty5'* CORD 5]50 WATESTRUC�';': ^+1: INTERNATIO @p0 OR EQUAL MONTHLY 'Y!, 2;]85:OO2!1^&'$SN WEEKLY :w..,yy-f]95:OOr�.92S,Sy'-Y',.',., 51,10100 N.Sid GAILY ��,$2660Ok-S E]C2.OD MOTORGRADER,GRADER; 135 HP ..- - 15 MAKEIMODEL P yy-u;'Ce1HxOM ___ CASE 995220HP MONTHLY $4;816 OD ? d $8,265,00 WEEKLY NO Bid 52,155.00 GAILY 5.^,559500 _ $918.00 EXCAVATOR, 26 TONS 1300 YARD BUCKET - - 16 MAKEIMODEL 1 ._Co132pE LRR _ LIEBHERR R922 MONTHLY fG ,t N.fa;6O� OOPp�t t. si:: 6,O]O.OD WEEKLY NO BIO DAILY yH:�-^,550 _000 $676.00 SELF-PROPELLED MECHANICAL BROOM .. 11 MAKE/MOOEL "F[„�'BROCE BYfT6O ' BRUCE CRT350 OR EQUAL BROCE AWI RC350 MONTHLY' y L :�?t+ .f SMi ,fin $1,)01.00 360o L WEEKLY YJY9R1=J_ffi9?'f503AHO 5O9:OO.Y'Msaf.Ni"Xi,:.^. $ 265.00 $7 64.0O GAILY � ,y��g9§t6B 00 [ $268.00 $261.00 $2 TAMPER MAKE-OO MAG BT 56 VIBRATOR (OR - - MAKEIMODELLifv;,aMY� IIIOuIP MT %)01 iB MONTHLY WEEKLY T-_dj81].00 ^'l."45-eNo Bid H.eld. DAILY h�m u3�f3D OO _ CAT O6O (OR EQUM 140 HP CLEARING DOZER - WORAKE 79 MAKEIMODEL (.j6aj8g_CATOOK XECABAI_ R�. MONTHLY 'fpV�Y.�P"AfOrtf6',61OA0 A-<+y?�:: WfFNLY NO BItl NO BM GAILY ��-�;4 ]_5500 .RAMMA% TRENCH COMPACTOR WALK BENIN D _ - - WIDTH ZU33 .. 20 MONTILY 5f1!46O pO S8I4 sur': WEEKLY Rj466:OO Na Bltl HONIG DAILY e,. R(�i�@^-�.,'Ppf163 OD _ 7 RAMMAX REMOTE TRENCH COMPACTOR- . WIDTH M133 - - 21 MAKEIMODEL MONTHLY $1106000B -3 hfu ai $11365.00 WEEKLY rrL;mT.f486 OO'.�ssM::p�e."dt`"< $4)D.Op NO Bid GAILY 'FVS162 O0� "- .—__,.iL"-,�..._ $16.00 AIR COMPRESSORIMCFM .- - i. tk'�'A"IF"f`K-'"-I{`8'F," ATLASCOPCO 165CFM OR EQUAL 22 MAKEIMOOEL SULUIR DyOLiBA Oca5an 165 MQWHLY aFy :��iy�-nom' t SKID STEER LOADER (BOBCAT) MIN 5B HP,.S - YD, (112YD) GRBUCKET WITH TRACK NOT WHEELS - 23 ] ry`INK"a^.� 1 Vit: TAKEUCHI 20600509E STD OR EQUAL MANE'MODEL �,A.,CAT126�OtOflO"P J; CASE TR 910 IGNINLY WEEKLY- ,e.4n`V�xvm�6a3. ' DAILY ✓.- 16]04 $22600 $207.00 SKID STEER LOADER (BOBCATJ MIN SB HP, A ,. YD, (112 YD) G P BUCKET WITH WHEELS, NOT TRACKS MONTHLY ';R�.�w'B651'O8O' D;TJd'*CI^r.t $1,045.00 $1,49640 WEEKLY '�SJ6O 0O tyLx, _":II¢ $415.00 $499.00 DAILY s_ J;,u„f1TO OO - f1)94o $166.00 RUBBER TIRE LOADER WIHAMMERS, - LOADERSIHAMMER-1 DOOM HE - - 25 MAKERMODEL :CAF11 It H9OHAM1IER CASE 580 MONTHLY (.)t+'2�r5e 53;665 OO�iii,y_, $4,989.00 WEEKLY % �f 11BS 260 n No Old $1,49600 GAILY 3,LL> �yc5..$3960O x _ g499AO LOW GROUND PRESSURE TRACTOR 8O HP, - PA.T. BLADE d],BODp '- 2B MAKE ADI ,yAT"y,_O>K LGP OROPy CASE 650 MONTHLY �pTm'mPb;'3:1526 OD�y- $4,]02.00 WEENY 5� E',,f1.O5O O0 NO BIO 1,569.00 GARY :;$350 OO $522.00 V]v1. VOi. � S TYPE OF EQUIPMENT' MUSTANG RENTAL SERVICES HERO RENTALS NUECES POWER EQUIPMENT LOW GROUND PRESSURE TRACTOR, 96 HP, P.A.T. BLOE-20,200Y 27 MASEMODEL yCATVDSK!BGP�OROP.36W2,'f�',1 MONTHLY RE Nona 6 $3ILE22 I IN WEEKLY $1!350:00!91 NO Bid No Bid DAILY $457100 .Yr>X9R$548h: ' SPECIALTY EXCAVATOR LONG REACH 60' REACH,48'0'DEFTH 28 MAKOMODEL ICyj'CAA324'L'ONGJRE CN ^�'i:15 pNK BELT C%250 MONTHLY jB;{60:0091 $12,825.00 WEEKLY f2i820!009 /11fti N0 Old $4,27SAO DAILYHOME §9619IMIMMIU1+ $1,425.00 SPECIALTY EXCAVATORS W]THUMEI - ATTACHMENT MAKFMOOEL ' � LIEBHERR R210 29 MONTHLY f4;95O:00pYt4Y(F3�* 5),396.00 WEEKLY ft•650:Op®964N'YfSq NO BItl $2,266.00 DAILY f550:00jq,GYS;;$ $736.00 PAVING BREAKERS, 90 LSS(AIR OPERATED) MAKEJMOOEL iv_-�a_av4f�§faSULlAl0. p90L!{F4"" CP 1110 OR EQUAL 30 MONTHLY 5315.00 $236.00 WEEKLY _ _ ii$T2'.00 $100.00 NO Bid DAILY f24'00�(T�+J",' $31.00 REACH LIFT, 6000 N CAPACITY - MAKSMOOEL JOB 507 OR EQUAL 31 MONTHLY 52;385:OOBDIIBJMpiMi➢f $2,048.00 WEEKLY Met9�$795:00 A�HPSO $840.00 NO Old DAILY j2fi5t000RRiE-x 'C $2891 MINI EXCAVATOR 18 HP, 6' 10" DEPTH, 32 MAKEIMOOEL EOEI3pdT�y@MLpT302:LTJIXPyCEyy^, JOHN DEEflE 28C OR 5013.0E CASE L%1] MONTHLY §1!140:00lm1{ilpjlKPi'.'Y! $11449.00 $1.49..00 WEEKLY $380MOMMErr� $641.OD 1499.00 DAILY EffffafflEEL5127'Opi`Y �T'�y^ $167.OD §166.00 MINI EXCAVATOR, 30 HP,9'11"DEPTH - 33 MAKE/MODEL CaysoyiI'.' y''vl'}2bI BOBCAT 331 OR EQUAL CASE C%31 MONTHLY$11440:0089�35�F59-' $1,49600 SL995.00 WEEKLY80:00 §871.00 $666.00 DAILY 5160:00 $199.00 $2]].00 EXCAVATOR 39 TON, 270 HP - MAKRMOOEL Ca(]36h^R F` - LIEBHERRON. 34 MOtRHLY 901�9258;235:OD Y'9 $9.40500 WEEKLY No B10 $),135.00 DAILY f915:OD'x'.i6 51,00.1.00 SPECIALTY 24 TON EXCAVATOR WI5000M - HAMMER _ 35 MAKEIMODEL ffiyGA .]]OaWDHAMMEPyL�"S.S' LIEBHERR 8210 MONTHLY f11(980:00 113,25200 WEEKLYNo Bid $4.417.00 DAILY $1,412.00 CRAWLER DOZER, 200 HP, STRAIGHT W TILT _ ..BLADE MAKEIMOOEL'@diCATjUI nWHdllMM LIEBHERR TO. 36 MONTHLY0WRMIN 5]I]T5.'005Fe1195?a iiiiii 0 WEEKLY $2;590!001 %2? NO BItl $3,325.00 DAILY $1,235.00 25TON ARTICULATEDOFF ROADTRUCK309HP MAKEMOOEI 3T MONTHLY WEEKLY No Bid NO Ba DAILY 7,0.8' EB T'OOYSTL'^ mLSbi HOKALI11- REACH .. ., 3B MAKEMOOEL ' CATTV94] JCB 50942 OR EQUAL PETlI90RE 9N MONTHLY 52;385100 §2,62500 §3A20.00 WEEKLY EI95:COg4! §95].00 51,140.00 DAILYh` Mf%Fxa4. yf26.i5i00I!C1 `SA':'+`?1 jE ,42].00 $380.00 MAN BUCKET WORK BASKET) 46 X"' SUSPENDED MTN TOP COVER STANDARD MODEL -' 3y MAMODEL mKEIORTHLY WEEKLY No BIO NO BM No Bid DAILY VOi. � S va. a F5-' Pg, ? ia TYPE OF EQUIPMENT F,.. .S.SMUSTANG RENTAL SERVICES] NERC RENTALS NUECES POWER EQUIPMENT [I tS HP EXCAVATOR WITH I]'-)"OIG DEPTH - MAKIEMOOEL --�,?::CAT:]061EXCAVATOR�..-,;, •±�' KUBOTA KX090AR] OR EQUAL 40 MONTHLY i+r'iL� f?; fi 50:00 K' 'qyX� r $3.625.00 WEEKLY3„��,Ss`Jy"'c'R1y}1 $'LSBBJ!00•'"Y�:jgAkr`. $1,$15.00 NO Bid DAILY};"a f:ie',i�l'F'•na3B<.'000(. �{w+"j'1(1i'I.°.' 3525.00 )OHP EXCAVATOR WITH 19 1PDIG DEPTH MAKGMOOFL :i?CAT,]1J'ERCAVATOR!"i;•<.". JOHN DEERE 2000LC OR EQUAL 41 MONTHLY y;v, f]!3/000 `.: r'i.:i $6,145.00 WEEKLY �s?OSa p..-31!11yJ.00 .( yt¢:".`� 61 67150 No Bid DAILY 'aiEl§])1 00 I .1.Gv� 3590.00 PORTABLE LIGHT PLANT SOFT MAST WITH 4 EACH 1255 WATT BULBS " dx MAKEMOOEL ,,:;;ALLMANOILIGNFTOW[R-.2 WACMER 630001952]OR EOWL MONTHLY $13598 xN x;;r� $706.00 NO Bid WFfHLv �dy�;W`�:�st, 430DDo $247.00 DAILY y v�Y'34800 ___ $9300 4$ ATTACHMENTS FOR SAID STEER LOADER TT ANGLE 8UIDE ' MONTHLY �•� j•,I�e3C80 OO.y yiJ ;:, a. WEEKLY ;v:yl5'itrS'R�S150!OO.f;: );:';:;}<;' NO Bid NO Bid GAILY 'N4 NvfiiK<jR:55000 COLOPLANER� MONTHLY F 5 u:;f1;5J0 DO $3,788.00 E. WEEKLY Zy ^.: Gt-^�SSSIDi00E�$`?-'i',��'� $926.00 DAILY $1]O:OOv: "'S`r'3 l Ne BItl E309.00 PorcHa[e Ptlu of Bid ?;_tj1 �.:TydL§�59!DO dLT;F`]f:; NO Bid 13" EXTHEMEDUTY ROOT GRAPPLE BUCKETGRA_PPLE BUCKET c. MONTHLY +,49.Y9•!rvf• $105:00`y'<:1¢n F .`3: WEEKLY"4." Tas9$135:00J :"'i(^ _u! NO BM No Bid DAILYRI!P".]-ym>:G305:OOa,•::_-y, _'vi GRAPPLE FORKS -' MONTHLY ,:rTl.r$40500 _ WEEKLY - "nY 31]§_0 •0`°= y+:!�: `.' NO BW NO BItl d. DAILY (t`+9_tiY+`'Lt;'L'fas:De�n c'..,��:.,s `.'. HYDRAULIC AUGER - MONTHLY $1,035.00 0. WEEKLY §345.00 DAILY $115.00 ruff MONTHLY --'>�>y1Mi9000 $208.00 WEEKLY _ BfJ0:00'v-:.�i ^" Y,a ;•rmu _�....w...::.�re §71.00 Na Bid GAILY 00 :_{'ZY.;'AC:. $2600 B" BIT MONTHLY E�j^ v�`^'Pyjltf��$90004 n _fi _t $212AD ii WEEKLYS ,:°"�-^-$30.00 -r 572.00 NO Bid DAILYfi?�i'BfbS"fy7$10.00iv[: ;i.4:;i $26.00 12'oR - -- MONTHLY 'v i"! w. Y^+R1jjS1B0:00i"1': C"^''mT $21200 II WEEKLY y 17A�l'56o 00 372.00 NABIN DAILY $26.00 10' BIT z- MONTHLY Pae.. '"???a180:00i;,,.^;�."}_.:, �:ii $21x.00 M WEEKLY $72.00 No aid DAILY A'�,�,'.R3;'T�fx0 o0 t '. ;F'%'-i� b26.00 war MONTHLY3T0 G0 5259.00 WEEKLY $88.00 No BM MONTHLY�T: /.+gP.'; Y9'ntlf]D;OOW-'-`Fy'T •'_ $30.00 1T AUGER EXTENSION MONTHLY w Cz yk;;,^1^�34500 i jj?`; $2].00 vi WEENLT r5?ygyf�g�'' S1fi:00:w ":'ei�•�)e'I�',J $8.00 NO Bid DAILYt= :.'�r�a�Y'P"bs'oo."'-t:�, I:^;: $3.0. 40" AUGER EXTENSION MONTHLY vii WEEKLY ).ivS'l:RS30.00i_:F1"L: "' NO BItl No old DULY ]W N HYDRAULIC HAMMER' - - - L MONTHLY $95od0 $2,137.W WEEKLYrctgcjf�, .452]0:00s- -y,....'•-Y .•.2_ $131.00 $212.00 DAILY _ _ ;�s90:DD:nY':�a';�7.Y S131.90 $nano HYDRAULIC TRENCHER - - MONTHLY :' j"M 381000) 9 WEEKLY :/ '3:r,T'152T000 i5, J`.f l; NO BId No Bld DAILY `� 680 00 LANDSCAPE $]LEER . E MONTHLY 1 _�SY�b'1381000 _" WEEKLY NO BId NO Bid DAILY SC IRATERIAL HANDLING ARM - MONTHLY MEEKLY No old No Bid NO Bid DAILY va. a F5-' Pg, ? ia TYPE OF EQUIPMENT MUSTANG RENTAL SERVICE HERC RENTALS NUECES POWER EQUIPMENT 06• NULTIYURP. BUCKET MONTHLY $450!00 1125Ao I NO Bid WEEKLY �f15D!D0]�fi f43.00 EARLY 6 i23A0 7509 CAP. PALLET FORKS - - k. MONTHLY 590!00 f2BBCO WEEKLY 5107.0. No Bid DAILY fiD!OD fe2.00 2T FICK-0P BROo a MONTHLY �f9110'Oo®pil f446.00 WEEKLY $200.00 No Bid DAILY f100'00t�pp 8100.00 STUMP GRINDER MONTHLY m. N.Bed Na Bid NO Bid WEEKLY DAILY OTHER ON AL TUNTY 48 BIO WILL BE WILL E OFFERED TO ATA THE COUNTY qTA THE 3O•/. $0 5% DISCOUNTED DISCOUNTED RATE CHARGED PER LOADED MILE, LESS THAN 100 MP f1C0.00 EACH WAY. 45 DELIVERYCNARGE OVER 700 HPS150.00 EACH WAY. $1.60 PER MILE $0.50 PER MILE] ROUND TRIP MILE Any equlpmenf r 4ulrin9 a routetl permitf W-eacM1 way. 46 DELIVERY CAN BE COMPLETED IN APPROX. _DAYS AMR RECEIVING ORDER i-2aPYS 2DAYS 2DAYS dT COMPLETE ADDRESS OF NEAREST BRANCH MU6TM`a RENi/.L6EPVKE a]de W6N2t, 27]7 AIRPORT BLVD, AUSTIN, T%78]32 7667 N. SAM HOUSTON PHWYF OFFICE ORYANT14Padf HUMBLE. TO 77398 48 NUMBER OF BILLABLE MILES FROM N EAREST aMILEe 98 MILES 108 MILES BRANCH TO BC ROAD & BRIDGE DEPT. 8H EMERGENCY CONALT]NFD J.VONSNE 14,1 (SHANAT )]EaOei931a�]tl2 NICK6NMPi(1N OPNIELC<g7E0.612A]3301a KEVWeCHUETIE713i7"Nd9 � O)IN1b616a CANBlA.E261-aleano $D XO.IF HOr1FIE.9Y 6:d]NI ON EACN.AV FO NO DO YOU OCRGEFOR -RAIN DAYS"? IF SO, WHAT RAM OU7. DOCUMENTATION IS REQUIRED? $t RESPONSE TIME IN CASE OF EMERGENCY-2 3424HWg3 3d HOURS MUST SUPPLY- IF Hera Rentals cannot 912 Bid an alternator vi tgen WR2000 provide the equipment az requested, Monthly: $33,500.00 Weekly: heraa0 provide the equipment $5)50.011 415 Bid an alternate: through a3rd party and charge the Norman 655114 HP Monthly: $5364.00 county a"reaenl fee". Man[h/week/a weekly $3)B1.00Daily: $696.00 p37 Bid proration. Day rate considered]A an alternate: Brace OWL BW760 EY<¢pllonsm111e Bid EF", hours. Hertrentals rate logic is day=8 MaethlW$1952.00 Weekly:$61)AOhours week=40 hours month=1)6 Daily: 5209.00 hour. POI frsingle shift usagd e nqt to eaccad 3 time appllcable e. 1st Renewal of 3: Award to Mustang Rental with the exception of Items: #39, #43 a,, I a`'nndd IT, due to no bids Approv by ommissi Der's C on thisi; • day of , 201gy oiding the position of V BRAZOS COUNTY PARTICIPATION AGREEMENT FOR CONSTRUCTING PUBLIC INF92ASTRUCTURE This Agreement is entered into by and between BRAZOS COUNTY (hereinafter "County') and LOP INSCORE ARRINGTON CS, LCC, a Texas limited liability company (hereinafter "Developer'), both the County and Developer are hereinafter collectively referred to respectively as the "Party" or "Parties". 'WHEREAS, Developer is developing property within the City of College Station city limits (the "Development"); and WHEREAS, the County is constructing certain public roadway and additional infrastructure improvements on Arrington Road from approximately Old Arrington Road to Windham Ranch 'Road and the Developer will be required to relocate certain waterlines within the right of way and under the public roadway on Arrington Road related to their Development as indicated in exhibits "A" and "B"; and WHEREAS, County and Developer acknowledge that there are benefits from joint participation in the construction project on Arrington Road; and WHEREAS, because of this, the County and the Developer agree that it is in the best interests of the public for the Parties to construct certain identified waterline improvements under this joint. agreement; and WHEREAS, both Parties agree as to the nature and proportion of participation as further recited herein and as may be required by applicable law including Chapter 232, County Regulation of Subdivisions and Chapter 262, Purchasing and Contracting Authority of Counties of the Texas Local Government Code; and NOW, THEREFORE, for and in consideration of the recitations above and the promises and covenants herein expressed the Parties hereby agree as follows: ARTICLE I DEFINITIONS 1.1 ApnrOVed Plans means the plans and specifications that meet the requirements of this Participation Agreement, Brazos County Ordinances:and any other applicable laws and that have been procured, reviewed and approved by Brazos County relating to the Project which is identified in on Exhibit "A" and "B" as the portion of the Project that Developer is participating in, subject to Change Orders are reviewed and approved in advance by County and Developer, such approval not to be unreasonably withheld, conditioned or delayed. VISI, � F-5-- pg, 1.2 Coun means Brazos County located at 200 South Texas Ave., Suite 332 Bryan, TX 77803. 1.3 Developer means LOP Inscore Arrington CS, LLC a Texas Limited Liability Company, whose principal office is located at 9280 Meadow Creek Lane Chappell Hill, Texas 77426. i !1.4 Effective Date The date on which this Agreement is duly approved by both Parties. I 7.5 Final Completion means that. all the work on the Project has been completed :in accordance with Approved.Plansi all final punch list items have been inspected satisfactorily completed, all payments to Vendors and subcontractors have been certified as completed, all documentation, and all closeoutdoctiments have been executed and approved by the County as required, all Letters of Completion and other County documentation have been issued for the Project, all reports have been submitted and reporting requirements have been met.. 1.6 County Participation Costs means all costs of the Project other than for the cost of the portion of the Project identified on Exhibit "C" on the Approved Plans or any other costs covered by any other agreement. 1.7 Developer Participation Costs mean the cost of the improvements shown in Exhibit "B" and "C" of the Approved Plans for the Project. Any of the Developer's funds that are in excess of the project costs will be refunded after the prioject is completed. 1.8 Project means the design and construction of the Arrington Road improvements. 1.9 Proiect Costs means the full actual cost of services, materials and labor for construction of the Project in accordance with the Approved Plans..! All Project Costs and estimates shall be reviewed and approved by the County Engineer and Developer. ARTICLE I1� COST PARTICIPATION 2.1 Agree to Participate County and Developer agree to cost participate in the Project as follows: Developer will be responsible for die Developer Participation Costs and County will be responsible for the County Participation Costs; The actual rate of participation by both the County and the Developer will be based upon the final actual cost of the Project .as reflected, by the breakdown of costs required put u5rit to this Agreement. 2.2 Competitive Bidding The Project must be competitively bid pursuant to Chapter 262 of the Texas Local Government Code, as amended. Vol, a. Countyshall pay, as part of the County Participation Costs, for all costs associated with advertising, printing; and distributing plans and specifications for the Project, and b. County will be responsible and pay, as part of the County Participation Costs, for placing the advertisements, obtaining bids, negotiating proposals and awarding bids. 2.3 (Developer Pavment Under Art. 3 Sec. 52 of the Texas Constitution, Brazos County cannot extend credit to the Developer, therefore upom.execution of this Agreement by County, (which will occur after the Developer has executed this Agreement), An invoice will be created and the Developer shall tender to County, within ten (10) calendar days after the County Commissioners approval of this agreement; the Developer's full payment of one hundred and ten percent (I 10%) of the amount of the estimated Developer Participation Costs, as established in Exhibit "C". After bids have been received and approved for the Developer's portion of the project, if the bid amount is higher than the estimated Developer Participation Costs, Developer shall tender to the County any additional amount equal to one hundred and ten percent (I 10%) of the bid amount (the difference between the 110% of the estimated Developer's Participation Costs and 110% of the approved bid amount); within ten (10) calendar days. Upon Final Completion of the Project, a final true -up of Project Costs will be conducted within sixty (60) days after Final Completion using all payment receipts and a final breakdown of Project Costs. Through the final Project Costs true -up process, if.a Party is determined to owe the other Party additional payment, such payment shall be made to the other Parry within.twenty-one (21) calendar days of presentment of an invoice by the Party owed payment. ARTICLE III GOVERNMENTAL dMMUSNITY 3.1 BY ENTERING INTO THIS AGREEMENT, THE COUNTY DOES NOT CONSENT TO SUIT, -WAIVE ITS GOVERNMENTAL IMMUNITY OR THE LIMITATIONS As TO DAMAGES UNDER THE TEXAS TORT CLAIMS ACT. 3.2 Survival All provision of this Article III, including but not limited to, governmental immunity, survive termination or expiration of this Agreement. ARTICLE IV , PROJECT AND CONSTRUCTION 4.1 Indeaendent Contractor The Parties agree: (a) all employees, volunteers, and personnel of Developer and its contractors and subcontractors are the responsibility of vtli. _ �S' pg, ¢W4 .. Developer and will not be deemed employees or agents of County for any purpose; and (b} all employees, volunteers, and personnel of County and its contractors and subcontractors are the _responsibility of the County and will not be deemed employees or agents of Developers for any purpose. Nothing in this !Agreement will establish a joint venture between the Developer and the County. 4.2 Requirements of Applicable Rules Remain This Agreement does not alter, amend modify or replace any other requirements. contained in!any County Ordinances, Rules or other applicable law. This Agreement is not meant to satisfy additional obligations or requirements that may be necessitated by current or future development of the Developer's property or other tracts. 4.3 Completion of Proiect The County estimates that the; Project will be complete two (2) years after payment of Developer Participation Costs by Developer. ARTICLE V GUARAN'T'EE OF PERFORMANCE AND PAYMENT 5.1 Bonding Requirements of the County The County shall require its construction contractor(s) to provide payment and performance bonds to ensure construction of the Project. Bonds shall be on County -approved form, beiexecuted by a corporate surety according to Chapter 2253 of the Texas Government Code, and; be for the full cost of the .construction contract to which the Project relates. ARTICLE VI GENERL PROVISIONS 6.1 Amendments No amendment to this Agreement will be effective and binding unless and ;Until it is reduced to writing and signed by duly authorized representative of both parties. 6.2 Choice of Law and Venue This Agreement has been made under, and shall be governed by the laws of the State of Texas. Performance and all matter's related thereto shall be in Brazos County, Texas. 6.3 Authority to enter into Agreement Each party represents that it has the full power and authority to enter into andperform this Agreement. Specifically, the person executing this Agreement on behalf of each party has been property authorized and empowered to enter into this Agreement. The person executing thisAgreement on behalf of the Developer represents that he or she is authorized to sign on behalf of the Developer and agrees to provide proof of such authorization to the County upon request. 14/ 6.4 Agreement Read The Parties acknowledge that theyhave read, understand and intend to be bound by the terms and conditions of this Agreement. 6.5 Ng ice Any notice sent under this Agreement, excepts as otherwise expressly required herein, shall be hand delivered, written and mailed or sent by electronic or facsimile transmission confirmed by mailing written confirmation at substantially the same time as such electronic or facsimile transmission or personallydelivered to an officer of the receiving party at the following addresses: Coun Developer Brazos County LOP Inscore Arrington CS, LLC 200 South Texas Ave., Suite 332 Attn: Ron Inscore Bryan, TX 77802 9280 Meadow Creek Lane Chappell Hill, TX 77426 Each party may change its address by written notice in accordance with this section. Any communication addressed and mailed in accordance with this section shall be deemed to be given when so mailed, any notice so sent by electronic or facsimile transmission shall be deemed to be given when receipt of such transmission is acknowledged and any communication so delivered in person shall be deemed to be given when receipted for by or actually received by the party, 6.6 Berm This Agreement will terminated after expiration of the warranty period, subject to survival of other provisions, as indicated. The Agreement term may be extended by mutual written agreement of the Parties 6.7 Binding Effect The rights and obligations of this Agreement are binding upon the parties and their successors and permitted assigns. 1 6.8 Assignment This Agreement and rights. and obligations contained herein may not be assigned by Developer without the prior written approval of the County. 6:9 Default In the event of a breach of this Agreement by Developer, County may terminate this Agreement and exercise any and all legal remedies. 6.10 Severability In the event any one 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 unenforceability shall not affect the other provisions, and in lieu of each provision that is invalid, illegal or unenforceable, there shall be added a new provision to this Agreement as similar in terms to such invalid, illegal or unenforceable provision as may be possible and yet be valid, legal and enforceable; by means of good faith negotiation by the Parities to this Agreement or by reform by a court of competent jurisdiction. 6.11 (Duplicate Originals The parties may execute this Agreement in duplicate original, each of equal dignity. 6.12 Recitals The "WHEREAS" clauses set forth above are expressly incorporated in and form part of the terms of this Agreement. 6.13 Captions The captions contained in this Agreement are for convenience of reference only and,in no way limit or enlarge the terms and conditions of this Agreement. .6.14 Singular and Plural All references to the plural herein shall also mean the singular and to the singular shall mean the plural unless the context otherwise requires. 6.15 Ambiguity Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in the construction or interpretation of this Agreement. 6.16 No Third Party Beneficiaries No person or entity shall be a third party beneficiary to this Agreement or shall hive any right or cause of action hereunder. 6.17. No Partnership This agreement and the transactions:and performances contemplated hereby shall not create any manager of partnership, joint venture or similar relationship between the Parties. 6.18 Exhibits All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. List of Exhibits: A. Schematic Depiction of Project B. Engineer's stamped and sealed estimate of costs and breakdown for Developer Participation Costs BRAZOS COUNTY Duane Peters, County Judge DATE: !0`/�0 D LOP INSCORE ARRINGTON CS, LLC Ron Inscore, President I/v1ciK4�C 8Y' DATE: g4 I q1 0-01 F9. I Ural: _ HH ��1{ rg, General Description of the Waterline Relocation The work generally consists of the installation of 97'feet of 8" waterline, 88 feet of 12" waterline, and various related appurtenances/connections. On sheet 0700, the 8" water line portion is from STA 1+90.66 to STA 2+8727 along alignment WA - 1. On sheet C701 the 12" water line portion is from STA 1+06.2 to 1+94.02 along alignment WA -2. Vol. 4 Y--5' Pg. Vol, e� �5� P9• /\°' Peb A, G F} it F'��S.i`RC i< huz� $ Si "yy. Scale 1= 20' i - �Job NO. 17-0656 !11:: r • �R�{;ytLp�y�y� �'`r Drawn BY BET �'F}�e :a.Checked By SHR �g i�'�E��NER � L'� pfiiTir n4yt�,54�1 J�����jyj�S'p Yid4�MP+eP{W{�i1vk �"'+ri Drawn Date 12/1OJ18 k:,: C_ ...'. :. a. R al s< 1 +.%,��Y�lg i?f:✓ �Fi L"'�i rL���}f �$,�trtv���'.i`:r' uYRll. a. Fi 4 ureNo: 1 Vol, e� �5� P9• /\°' pg. - ya ViAl .__mROAD RECONSTRUCTION ARRINGTON \\ »\BRAZOS COUNTY,a \/ 9K WA -2 SCALE ro� µJ`�''r� t� .. Aj I A ',N w,� a !l':�• Vol. p9: I (\` ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS Arrington Road Reconstruction Water Line Gessner Engineering, LLC October 24th, 2018 GESSHER ` I'll - j u`CRMC- - GE Job 17-0656 ----- Item:# Item Quantitv I Units �Un�itCost Total 100 Mobilization, Bonds, and Insurance I L8 $ 1,188.43 S 1 111,43 1.188.43 101 Traffic Control I LS $ 3,000.00 S S 3 000. '0 3,000.00 102 Erosion Control I E:S $ 00 0' 1.5cioxo O.00) --31.5, $ Sub Total - General Items 5 '688.43 Item* Item Quantity Units Ung Cost Total 200 Safety 184 LF $ 2.00 S 368.86 -Trench 20 T U' C-900 PVC Waterline, complete in place IL� 97 LF $ 50.00 $ 4,1130.50 _ 202 12"C-900 PVC Waterline, complete in place as LF $ 60.00 $ 5,269.20 203 8" Gate Valve, complete in place 1 EA $ 1,200.00 A 1,200,00 204 12" Gate Valve, complete In place I EA 1,600.00 $ 1,600.00 205 8" 90' Bend, complete in place 1 EA $ 400.00 S 400.00 206 18" 11.25' Bend, complete in place 3 15 400,00 $ 1,200.00 207 112" 90' Bend, complete in place I -EA EA $ 601=0 �$11'810000 M1011 208 112" 11.25' Send, complete in place 3 EA $ 600 -No 209 I Connect to Existing Waterline 2 EA Sub Total - Water. Ling Y. -K ...... Construction Cost $ 24,956.99 i 10% Opinion of Cost Contingency $ 2,495.70 Total Construction Cost $ 27,452.69. 12(17!2018 Project #.1711-R-34663 `Brazos County Road 8, Bridge, Forsthoff Rd Bryan Texas Dear Your request for the relocate of a single phase line an forstoff Rd has been investigated. Your cost to provide this service is $136,366.25. Included in this cost is BTU refoca ling approx. 1 mile of overhead single phase line on Forsthoff Rd (BTU will be.trimming trees at the ninety degree tum away from the overhead line and Brozos County Rd and Bridge will need to remove the trees.). The internal wiring serving your structure,(if applicable) and the installation of the meter can, weather head, etc, is your responsibility. .: . Please note that this AIC amount is based on the line routing we discussed and Is subject to change 90 days from the date of this letter... . BTU will furnish the electric meter and meter can to you at no cost. However, you or your electrician must pick up the meter can from the BTU warehouse located at 611 Union Street,.Bryan, Texas. Please reference your assigned project number, 1711-R-34863, when.obtaining the meter can from:the BTU warehouse: Before your job can scheduled for construction, I need the following items returned to me: AIC Invoice and payment with Investigation number referenced on the check, BTU's Information Desk at 205 E. 281b Street is open between the hours of 8AM and 513M, Monday ..through Friday excluding City holidays. They will be happy to assist you with accepting your AIC ;. payment and any other requested paperwork. Please use your assigned project number; 1711-R-34863, to Identify any correspondence you may have with our.office. A copy of, the project job print is included: 1 appreciate the opportunity to answer any questions -you may have and to provide you with, competitive reliable electric service. Sincerely, ./!??2 Line Design Technician Office: 979-821-5748 Cell: 979-213-0698 .' : Fax: 979.821-5795 Email: clemonsabtutilltimcom j 0 �_�'P g.gy I �mP-]n.]n] BRYAN TEXAS UTILITIES cvsom nuE nrumnwux,7RowaeRnce nOuc owwwnr rme�rtro �nP¢ 7n1mn. uw xaas - uXcasex.00raamn.n¢m1iwium umrc�mws FOR7THORD FF ,- O9:iQY'ORFa RHWONl7FA HRiM1C M:INt 70L]t ' ,mea�nur a+ruv o rm,ce,m 1]11AJ118] . ,mm' .IDI] mv4n uwve ]]uB " . ". vra,rtn: OHPRIfO1R .. lop NJ w...wr 1 BRYAN TEXAS UTILITIES eu•IolaRlvre eR•:o•eouRfr R°"OaeRme nvlc oTusn-aaTa . oa/iRY Yr. RORERTO WD L/ROt6 uwxewm ly¢pinylumumlo•scmlll/llMJlf. SLRKEAmIT3 FORbT10FF Mo. .. aLeRm GRWBOPofNALTER11RBR01[ v . TP ILOIo aCita - REMtd BLUE 33&" OHPM.1•RBa-' OHPM,ION) .:' : - ... � ':. -fRYR � aof 14 �1 REIDGTE . wf -... _FSIMT29 MR" I�RIR 1. I rY1wRLR . • // mus lRLoemuwm � ?Jti` ' �m - f rf '' - i BRYAN TEXAS UTILITIES "1O14MC""'� °X"�9"01MA'N0^oaexo� r stemma m:�„i er. poeemotnPEz anmta ww»�,.: . �- WkCFR11�MMlltM taYeffYIWIMMe iISI 6olN�E= MnTmo"po LIRA^ GpEo twHq{pL1EA ttrsVtote P6fA11 ryj}a / enr��% vrtu¢ w . 1111Aaeea3 mxi apfa PRNSiO -. ae.n e 3 14 I tw COMMISSIONER COURT MINUTES OF DECEMBER 28, 2018 ARE CONTINUED IN VOLUME 286 PAGE 1 Vol. 8S Pq• ,L"_: COMMISSIONER COURT MINUTES OF DECEMBER 28, 2018 ARE CONTINUED FROM VOLUME 285 12/21/2018 Item Coversheet BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: - - - - - - - -CC 2018 Utility PermitMagellan Road and Bridge NUMBER: - - Pipeline Company: 5roads in Precinct 2.- 20 inch pipeline cros DATE OF COURT MEETING: - > 12/28/2018 - - ITEM: - Consider and-takeaction on the Magellan Pipeline Company utility permits.to construct road bores for.a 20 inch pipeline crossing under Rabbit Lane, Dilly Shaw,Tap Road, Old Reliance Road; Elmo Weedon Road andHardyWeedon Road.- Original permits had expired and they are requesting approval again. Sites are located in Precinct 2. TO: - - Commissioners Court - - FROM: - Darrell Kolwes - - - - - - - - DATE: _ 12118/2018 FISCAL IMPACT. False BUDGETED: False DOLLAR AMOUNT: $0.00 - - - - ATTACHMENTS•. File Name . - Description-.Tj!pe Utility Permit Magellan Pipeline -Rabbit Lane Utility Permit- MagellanPipeline -- Rabbit Lane - - - Pipeline Crossing 1 080 feet NW of Woodville Rd (2),pdf Pipeline crossing 1,080 feet NW of Woodville Backup Material Rd UtilityPermit - Magellan Pipeline - Dilly Shaw Tap Rd - Utility Permit - Magellan Pipeline - Dilly Shaw Backup Material Pipeline crossing 2 265 feet NE of FM 974 (2),pdf, Tap Rd- Pipeline crossing2,265'NE of FM 974 - - Utility - Permit —Magellan Pipeline - Old Reliance Rd - Utility Permit Magellan Pipeline -Old Reliance. - Pipeline crossing 1 350 feet SW of Merka Rd (2)1pdf - Rd - Pipeline crossing 1,350 feet SW of Marks Backup Material.. Rd - Utility Permit - Magellan Pipeline - Elmo Weedon Rd - - Utility Permit - Magellan Pipeline - Elmo - - Pipeline crossing 2 350 feet SW of Brookwood Lane (2),pdf Weedon Rd -Pipeline crossing 2,350 feet SW _ Backup Material . of Brookwood Lane Ulllity_Parmit_ Magellan Pipeline - Hardy Weedon Rd - Utility Permit- Magellan Pipeline -.Hardy Pipeline crossing. 1.2 miles NE of SH 30 (2).pdf Weedon Rd - Pipeline crossing 1.2 miles NE of Backup Material SH 30- - - - APPROVED J2 ag i 8' Duane Peters D County Judge htips://bmzos.novusagenda.comlagendaweb/CoverSheet.aspx?ttemtD=18261Yti�t� _ 1/Y Fg. TO:. THE COUNTY ENGINEER OF BRAWS COUNTY. TEXAS Comes now Magellan Pipeline Compari LPN -Tex Logistics LLC [compdnv note], hereinafter referred to as '`Company" a Delaware [srarel Corporation,with authority to transact business in Texas, acting . by and through its duly authorized representative, and hereby petitions the County Engineer for the rightto lay, construct. maintain, repair and/or operate equipment under, over, across and/or along certain County Roads as shown on drawings, and diagrams attached hereto and.said location described as follows: . Facility• to Cross- Road Length of TYPE OF CONSTRUCTION - Road Name &- Block Number Crossing - (CFIECK ONE) - -Bored Jacked - Driven` Cased Rabbit Lane 1287 X . '.[aSiljs-_tnl'umIIcI C¢unle.Rpad11'ithin Ri¢hl-Of-W¢i• Road Namc and Block Number - -From - - To - - Distance CONSTRUCTION TYPE 20" Diameter :0.406 Wall Thickness Iligh Pressure Underground ❑ Low I'ressurc Underground Pipeline (60 psi orgnaier . -' Pipeline 160 psi operating Material Specification MI SL X60 PSL? - operating pressure) pressure) Minimum Yield Strength .60.0111 nsi. . Maximum Operation Pressure 1440 The location and description of the proposed installation and appurtenances must be fully, shown on the attached detailed drawings. . The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and.. shall complete said construction /Work.within 180working days: (COMPANY MUST . FILL II). If such construction is not begun by the 60'x' day, Company will be required to apply for a new permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflictith any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this, Permit is a license for permissive use only and:that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest anyproperty right in said bolder. It is understood and agreed that the rights and privileges herein set out arc granted only tot he extent of the County's right, title and interest,in the land to:be entered upon and used by the holder and the holder will atatl times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or . expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must. be.a roved by Brazos County: Engineer's Office or its designated representative. ---- vol. c Approval of Count' Engineer's Office my take as long as two weeks after eomplele application is received:. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in cotutruntion of said .'installation 'attached -. hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS' COUNTY RIGHTS OF WAYavid incorporated . ' .-. herein for reference. .. .. ... In the event Company falls to obtain. a permit prior to the Installation or does. not Install mfNdes in compliance with - - - . Installation requirements ser farflt.herein.(Le. depth, location, etc), Company assumes atifinanclal responsl6Bltyfor - damages and/or destruction offins, cables, etc based upon lisfallure to comply with Brazos County requirememr. Applicant agrees that (f Bravos Counov demonstrates a violation of the terms of fhb poliey,.Applleant.ulpulatei that requisites for Injunctive miff erirr and that Brazos Coumy is entitled to relief enjoining any conduct by applicant which 1v contrary to the pollrleA This permit iv a. revocable permit Brazos County reserves the right to revoke this permit at any time, in the sole . discrettoa OfBraeos Cannty. for lnterestr ofpublic health, safety or welfare, ar for failure to repah, any damages upon - - - - demand, arfor any orherrearon deemed cuff elent by Brazos Counje: In the even! Company falls to comply withany or all of therequirtmentr ar set fodb herein, the Comity mor take such.- action as: h deems appropriate to eampd compliance.. The Connor Engineer further retains the right to revoke this Permit by tubal nutificatlan to the Applicano'Company. - Fallure to obtain this permit andlor notify the. County Engineer's Of(ce within 24 hours of beginning construction shall constitute graundsforjdb shutdown. By signing below; I'ceriify that I am awhorized to represent the Company listed below, mrd that the Company -agrees M - ^ - - - the conditions/provisions included in this permit.' .. - . Magellan Pipeline Company, LP -V-Tex Logistics, LLC . Company Name Richard Lees By: Signature - Senior Permitter .... .. .. Tide : . 1009 N. Earl Rudder Fwy, Ste 270 Address . - Bryan. .Tz. - 53002 City : - State - ` Zip 405520.8375 .. .. Phone Number — ... .. :. Email:. PIPELINE UTILITY APPROVAL Exhibit A BRAZOS COUNTY, TEXAS THECONTRACMRMUSTNOTLLY ORQD5 COUM 4 HOURS PRIORTO CONSTnMT10N. I @g= COORDINATES 1 L rM %�lST@Itl.BOB onv OHTHTOWNIN Ymm491B 2 %sTB �10pAnA2B LEGEND PROPOSED n1m451B].mo� CROSSING P,E.RaY.. PERMANENT EASFHFNT A HIGIO CF WAY- w v X] Y=Im4BaB5.CM - RO,V RIGHT OF N•AY �. y TOO TOP OF BMX NEt Q �_y] us S �NHOITtN. HIR!F ML1�—� P%Ct4CR LIVE LIVE u <w0 _ ^�tt ui � Y22 $ t SY t]w 6 k. s�%WOOVILLSK, 0• Yb.IER PCIS mu O ([NCF m jae jZ aS�gy u�ao w �, e ��Qt VlCINITYMAP ----- TREELINE z- w. to` O weW SAY wLLLL 0 k 0 �wwW u —stAYCY Ut£ —'� uiuuon � yul ZooiiaN.T.S. N.T.S. 0amO WIU'OF MX a - ____TOE OF fiV - �m All i',CEX. STRF.Mt NIEHLINE d_. : Z^. v. RIGHT OFW&Y-.',/�. \ \ �.,A w ^^ +NVVVV'... Sm A— PROPERTY LINE ROAD CEiTEEutm' /d "4 PIPELINE / +- FIBER BP ,C CmE 'LyTOS`. " TFIE G IFOUa j=J TLNPORAAY vjmsPACE NEEL to• 1 .. WMrK%?ACE L J / SP PFANANENL :,\f 4 PROPOSED J / EhSEME]]I' - ` t ; •\ CP -1�\ I - 4U%SPOOREPIT+ ./,/ •/.. / /.-,aP TCM / . ^ 112V ROW. r --PROPOSED PORARY \L,�\ YPXW'BORP PIT : - / ♦ / 1lUH%SPACE ATN03 [VA3u11tE ' V PLAN .. p � aoo _ I ! 400 I . 380`FIPEu9E MNO(EN_ y 300 . . TEST: TEPAINAL.I PREIINE .360- 4HIN I, , "NO GRAUF-,IWRIIER _ —. -• ' �. (- ` --I l . MIN ` 36D 340 i� _ I t I �a •-PROP 05E0> - 1. - IMIN— L_ __ ._•A.;ry�IWN �` n"A5o'BORE PIT •— PROPOSRD] PIPELINE . .. PROPOSEO .. ..320I WXW OME PIr. - - 320. . 300. _ 300 1-00 '.2*00 3+00 4f00 - Sf00 Sar rulop.D eGRE - - ISSUED FOR PERMIT I -IwX` 04/25/18 - - - I•-wv. - '.. PIPE SPECIFICA71ONS. - - - - COMENTS UpV10 N10BUCRi . NOTE ... CARRIE fPIPE'M- . - h OATEPL. EDOENE STATEWFOOTfIDRUIN FROMESTSOn UUMA,, 1EMA5 - - - CDAII4 PIPE' MILS Ano. sT2. STENETNE3,OF ME SHOAE.WN U3 PROMMTEUE TIG 5ENERAEDFR - COATI`IG:I4 ANL9 FOE. 351 MILS AHO.41N. PSM PRFMNO AI11 MSAMRE IWN-CON TRAM wMTE tO `LIFNSACTL CA FROM - M.p.P.:E, HOU - - RVATION OF3 EXI:HN LET1"ES 11 MN OFWIDRK FYERTEE LOGTgNMIU _ 5Cg1q y,F�r PIPELINE GiNGUICAILYPgOIL'GTED - - ETEVATWNO RSONE T ML AT 1M 545ORN pAIoq TO CONSN1UCrION MEINOUOFIN91AllATON; ANO CALLIFXAS ONEC.ALL bYSTEAt AT :-0p}NSd:NSANU ALLOIN:R UNUIY OUOEp"CRE - - CGMPAMESAILFA:R2AA'pRgNG pAYO (40110URST PpDOTOCON3TRW.TON. 00 40 0 Ifo 3. ALL MINANUAf DEPIIIgEi]UIgCMEIirN MF1SIRim ATTt=TOP OP PRE. - •V'.�' �� s 1 l `_ARabbit`Laner • , J : �' . -. i � ``T * ` 'sem' - yam r , , —yam. •. �.✓. W 41�' • . J - M. .. , -ogle Ea�rtt+ k BRAZOS COUNTY. ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements - - - - - I. Adequate drainage shall be maintainedin ditches at all times. 2. Permitice will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation. resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property, shall be restored to its original condition, as far. as practical, in the. opinion of the County Engineer or appointed representative:... , 4. The construction and maintenance of such utility shall not interfere with the.propertyprrightspf a prior occupant. 5.. Permittee "shall notinterfere with other.utilities'located in the right of way. In the event damages occur, permittee will be liable to the County orother utilities running through the right of way. 6 County.Engineer shall determine whether or not permittee's plans shallinconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public:. . B. Salery Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job::AlltrafFic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD): See Traffic Control Requirements below. .2.During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such: precautions and measures,, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide Flagmen, signs, signals or.devices necessary to provide. complete safety to the_public. . 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. S. , No cable, conduit and/or pole line shall be. laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. ;'Any poles placed.in the Right of. Way for future installation shall be placed at the back of the Right of Way. Exceptions maybe approved by the County Engineer: C., Tratirc Control Plan 1. A traffic control plan, pursuant to the TMUTCD.or Engineered Traffic Control Plan must.be provided for the following:,: a, Any construction (i.e. pit, excavation, hole)left open overnight, requires ssoecific nighttime traffic . control measures pursuant to the TMUTCD;. Vol, Fa b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. ;Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forili the time of completion for the job. D. Desien Siandards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in designated area for.power specified as set forth idthe Texas Utilities Code, Section 181.015. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole. placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 13. All underground installations shall (these are minimum depths — utility may Place deeper); A. be placed at a minimum depth of forty-eight (48) inches below the top of the. pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. beat least forty-eight(48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements. listed below;. d. not be closer than ten(10) feet from 'the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch Flaw line and cased. Waterlines shall be cased if crossing under the roadway. S. Utilities in all new developments that have 60 feet or greater of, right of way shall be installed within designated locations based,upon the type of utility. The locations shall.be'as follows: (measured from back of right-of-way). Power -0 to 2.feet, nominally 1' Phone - 2 to 4 feet, nominally 3' Gas _ 4 to 6 feet, nominally5' Cable _ 6 to 8 feet; nominally 7' 6. Utilities with less than 60 feet right -of --way in all new developments shall in the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval ofeach utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts maymot be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: . a. ' be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (t) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to.observe pressure grouting :> operations; c. TxDOT Standard Specification Item'476 shall be followed for all boring, jacking, tunneling and joints..` 9: Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall.have proper traffic control measures in place. See Traffic Control Plan listed above. c. 'pits shall NOT. be located within ten (10) feet fromthe edge of pavement without prior approval from the County Engineer or his representative; d, when pits are to remain open for more than -8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based. upon soil conditions, the County Engineer or his representative.may require shoring to protect pavertient integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the. edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following:` a. location must be approved by the County: Engineer or his representative b. backfilled with cement, stabilized material: c. based upon soil conditions, the County Engineer or his representative may require shoring to Protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling: Any backfill placed during a rainy period oral other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed.and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids.under the base and pavement materials is allowed. AL Company must be careful to not jeopardize the slope or integrity of the shoulder ofthe :road. In the event Company damages the slope, shoulder oranyother portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way toahe condition it.wae prior to. commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except inan,instancc whereby the laying, construction, maintenance. and/or .: .: . repair. of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements... 13. In the event said construction and/or maintenance and/or repair requires Company to, remove, cut or jeopardize any section of the road (asphalt, cement, road base,etc.), Company will be required to provide . a performance:bond or letter of credit securing.necessary repairs. Said bond amount will be determined by..' the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army. Corps of Engineers for all designated wetlands and environmentally sensitive lands. F— Emergency work ... I . , In the. event Company is required to perform emergency services, that requires:excavatlon in a County Right of Way; and unable to notifythe County. Engineer prior to conducting emergency repairs, Company Vol. aLL t �// shall notify County Engineer within 24 hours of beginning constructionhepairs.. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. R Repairs to existing facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance:of the soil, shall not be performed until. plans describing such maintenance and/or repair have lim approved by . the County Engineer or its designated representative and a permit has been.obtained. . G. Relocation of utilities 1. .When and if the County Engineer determinesthat it is necessary for the construction, repair, improvement,'> alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon,. as. required by the County Engineer within a reasonable time as determined.by the. County Engineer and.Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelirtes.(genera11y:60 PSI or greater), whether pertaining to controlled access or non-controlled access installations, should contain the following additional information in the description of the permit.. -diameter -wall thickness -material specification -minimum yield strength -maximum operationpressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for bath the carrier pipe and the casing. 3. Assurance must also be given that the installation material: and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines.. Assurance must be provided.on'company letterhead andsigned by an authorized representative of the company. 4.Petroleum Pipelines: Depth Tvrie of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep: Encased Pipe Greater than 10.' No concrete pad required Non-Cased Pipe. Less than 10' Must be:covered with concrete pad at least 48" deep . Non-Cased Pipe Greater than 10' No concrete pad required . Concrete pad shall.be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. ,Under no circumstances will a pipelinebe: installed. parallel to a County Road within the Right-of- Way. Transmission lines have been defernined to be petroleum pipelines.(which includes natural. `gas lines) and shall not be parallel to a County. Road: 6. Natural Gas Distribution is a line that serves the final customer. 1 Vol. 4° Pg a �4 � I eeio 'Fp Zell @ k ow .m 'T� . i frv11a 1M1.1" flanlfp rfw iup 4VzdV�' Imam.1,:.`laal•' '.V . Hy. _ Trvlllm GIT - Qp-t QO flWpa - 1f. Onl 9 Rw roM LA 1 p , IPI. UK ARM la.' t ym pIT �. Ed 8 • k8 Ism 163 1w sm w• €- » _v Lf•s 1W NS n Tm .31 IA' w _w i» m 11 ' 'WORKSPACE NEAR SHOULDER WORKSPACE ON SHOULDER 'WORK VEHICLES ON SHOULDER Conventional Roads Conventional' Roads In- 'Fp ��IP]b.�`E� ..bnf.Ylf�y. 'T� aim frv11a 1M1.1" flanlfp rfw iup fvlml. pp tLl. N ypplpp Slpn POgI '.V . Hy. _ Trvlllm GIT - Q flw QO flWpa - 'Fp Onu rw.slm -� el pwlro H 'T� fwpwlN paw rv.m i Iia - ppy.lnlm fIP So1N Mivl I I 1f. Onl 9 Im p , IPI. i0w. t ym pIT �. M Tod r wtml bipl TI3. MI iDDI InpI11l 1qm ppllfWrLl Hf. .. l-lwpm pl 2VrOT f-npT pf HfMQTI]•N.1w 3MtlYMl Ism 163 1w sm w• IA » _v Lf•s 1W NS n Tm fN IA' w _w i» m 11 ' 'WORKSPACE NEAR SHOULDER WORKSPACE ON SHOULDER 'WORK VEHICLES ON SHOULDER Conventional Roads Conventional' Roads In- - 'IW' wm 0'L -m5 '110'23f''IA' 6W ]w'' Ml 6s'- �1]p•' 1 mY. ! S sl -n'. Iw•. wm my owe TTPICSL'- s�3 •6� _ 8 k .- �'• aOrmlRlro pffiY. ®roWlmalLot . fmlTlffY pf ]Y' !fa 41r nOpnGl XpnIN mf. 9nn iWr YII®YR mt[Y'. 1.. I - - ' _ .. bTM1rW [f10 - I .60]0. I I ^ 9 - c plot RlllyIII of gpCllT. vl1Y lMM.I rtmu raaln ;mai «mvlN NO �Y l,fLry M'ItY In ifm. - I I 4 .R VR MIpI. ISw .a}m 7t I I' M Tod r wtml bipl TI3. MI iDDI InpI11l 1qm ppllfWrLl Hf. .. l-lwpm pl 2VrOT f-npT pf HfMQTI]•N.1w 3MtlYMl . C. ©, -'TCP:'12-10)'..... TCP (2-1b) ., ..-. ,' TCP' (2-1.a) ' 'WORKSPACE NEAR SHOULDER WORKSPACE ON SHOULDER 'WORK VEHICLES ON SHOULDER Conventional Roads Conventional' Roads - Conventional Roads.' a, I 4 1 mY. ! S sl 1 :I fi 1: fI� pnWM m flys mmf Cph ep 10➢YI� L al l lfplf.e ryXlal anla III¢bni of ®IIS rtml Tfw - I3H rom.as31 I � I I ��i el bvIH.IM In. Flepl. pGll q H ptliM mm1 .1m1p In ly 'Dlvv efy meb w]Ilmva rs, .m++m..wHrn.IroYmfn' 1f1y411w�lwd HpO YI plpalpeNkIH pfb IH1 (rtn 1 i .l' - ... -I- - • b I� 18 'I I • - • n Yw ro1..131 - I i mffl bMiw D•.. .l Pa�MMb Nb ftptl111011nbvitwolmf1pNp- '..mutwl.ps ww. I"all .II =I mII dd TLlpb . mwfot, or wlblo"LA mlm ""III. e.I IH vow n Wjl"W•Ilm 1,.j%.doj capnnam.1. N.moowlly vMh . wLwyop mcwr...Mln fro frwno pNlpr rolslnm �. I- ,. I ^ • k k ba I m � = Y I Moa TIH.3 brlewll Mkl avfmnilq pHrm m r WIIfVM 1y M9nb M1eF MIpL S. NOIiyG A4f 1Nplw ftm OH.q H w.lflww rtf Ill mw' Wm.Mmllf ImNN NOVM p.Ib 9twID t.IF.f m` u ry tiller rL w pl.lap nlylwin avHp.e. yn . a d I R: d6 kR ak• 1 't lrtClm O.fHlfw y~ m4locml~6 H yltw lV 0214 f•V IF d%1 i0 Not IM1Ffw Ivo OF. l.[Qlq 9JlIIll.m'alpl Not In plOvaifH-li p .`pa[@YLO•flpaly.IWlfy oSwlasf01al1 .p.fnyL:. owe TTPICSL'- '.'q� 9nn iWr YII®YR mt[Y'. PIORH 3RRpun Rlu naROlpf iYROpRI bTM1rW [f10 - I .60]0. owe Eno you velem real I 2ttlFli Y- i fP 4' R 1f' . ffH Mm L• bTM1rW [f10 - I .60]0. /R If11P v l'If• 1- i Y.. ' 'V• 6GIR I . . It v -'TCP:'12-10)'..... TCP (2-1b) ., ..-. ,' TCP' (2-1.a) 'WORKSPACE NEAR SHOULDER WORKSPACE ON SHOULDER 'WORK VEHICLES ON SHOULDER Conventional Roads Conventional' Roads - Conventional Roads.' a, I TAAFfIC CONTROL PLAN — 'CONVENTIONAL ROAD SHOULDER.WORK'- TCPf2-11-I2 APPLICATION FOR PIPELINE UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY . TO: THE COUNTY ENGINEER OF I3RAZ08COUNTY. TEXAS. Comes now Magellan Pipeline Compari LPN -TeX Logistics LLC [company namel, hereinafter referred to as "Company" -a 1 Delaware (stwel Corppration, with authority to transact busmess.in Texas, acting by and through its duly authorized representative, -and hereby petitions the County Engineer..for the right to lay, construct, maintain, repair and/or operate equipment under,over, across and/or along. certain County Roads as shown on drawings and diagrams attached hereto and said location described as followsr pacilin to Cross Road - - - - Length of - - TYPE OF CONSTRUCTION - Raad Name & 131ock Number: Crossin (CUECK ONEI Bored Jacked Drivel: - .Cased . - Dill Shaw Ta Rd.:. iol' X hocilitr to Parallel Count,, Road Within Riehl-Of-wa%. Road Name and Block Number - From _ To Distance CONSTRUCTION TYPIi- 20" Diameter -0.406 Wall Thickness _ �., I ligh Pressure .Undergroand ❑ Low Pressure Underground Pipeline (60 psi or greater - Pipeline (60 psi operating Material Specirication API 51. X60 PSI. 2 - - operating pressure) pressure) Minimum YieldrStrength- 60.000 psi - - MaNimum Operation Pressure 1440 The location and description of (he proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and . shall complete said construction /work within ) SO working days. (COMPANY MUST. FILL IN). If such construction is not begun by the 60'h -day, Company will be required to apply for Rnetv.permit. Company declares that prior to filing this application, it has ascertained the location ofall existing utilities, both aerial and :. underground, and the filing of this application is prima facie evidence thatthe proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at thejob site arry time work is being performed: It is expressly stipulated that this Permit is a license for permissive.use only and thatlhe placing of facilitiesupon.public property pursuant to this permit shall not operate to.create or vest any property right; in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holderwill at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or.. expense arising in any manner on.account.of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications MUqtr be.rapproved by Brazos Count' Engineer's Office or its designated representative. Vol. C77��. Pa. Approval Of County Engineer's Office may% take is long as two weeks adercomplete application is received. - Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in constmetion of said installation attached hereto . as BRAZOS COUNTY DESIGN STANDARDSAN11 SAFETY PRECAUTION - REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS'COUNTY RIGHTS OF WAY. and incorporated - - .. herein for reference. : -. :. .. ... ..... ..... 7n the event Company falls to obtain a permh prior to the installationordoes not intrad milider In compliance with Installation requirements set forth hereln,(Liz. depth. location, etc), Company ossumu all financial respansibdite.fur. damages amllar destruction of lines, rahle , ete based upont hyfallule to comply with Brazos County requirements. , Applicant agrees that If Brazos County demonstrates a. violation of Ike terms of rhir polity, Applicant sdpahans that - requLrhes for Injunctive ielleir a ist and that Brains. Count, it enthled'to relief enjoining any conduct by applicant. - whichkrcongarytothepolirles.. - - Thls permit Is a -revocable permit Brazos County reserver the right to revoke this permit at any, time, In the sole - - dircredeff of Brains County, for hrloerts of pubdchealth, safety or w•eifare, or for failure torepairany damages upon - demand,'orfor any other reason 'deemedsuffcientby Brarar.Count•.- - - - In rhe hent Company fads m comply w/thpny or all of the requirements as ul forth herein, the County may take such - action as If deem appropriate to compel compliance.. The County Engineer further retains the right to revoke this- _ Permh by verhalnot6ricationto the ApplicaoNCampony. .Failure in obtaln.this permit and1w not fy the. Courcy Englneerts Office within 14 hours of beginning construction - shalt constitute groundsfar/ob shutdown: - - By signing below, I certify that 1 am authorized to represent the Company listed below, and that the Companyayrees in - - - - dte conditionsrprovisians included in this permit, - - - - Magellan Pipeline Company, LP -V-Tex Logisliu. LLC - - Company Name .. ... 'Richard ll.c�e{�sj,.�._ �.%. .. .. .. .. Signature •- . - .. . .. ... .. _ .. Senior Permitter ... . .... .. - 'Tide - 1009 N. Ear] Rudder Fwy, Ste 230 Address - - - - - - .. Bryan, ..Tx. - 83062 - - : City - State ': Zip - - - - 405 520 8375 - - - - - - Phonee Nambor r1ees7aufsnvcom - - _ Email:.. - - Exhibit A BRAZOS COUNTY,TEXAS 711ECONTRACTOR MUST NOTIFY OOA2OS COUNTY46HOURS PRIORTO CONSTRUCTION. COOTgINATPR ' 1.x�s�6v2a1A Y^TDza6BT0 On PROPOSED z. %a]6C5221J6S 1 G hll _ Y.mzsrrztu., ' CRDsswo i.xgsls.Gl a6i -• P.E.RYI: . RIGHTIr EASEISMBfiIGM PF i9 AY - Y=10z6110T3A3z ROY! - fllGllfWOF Y(AT .. 'p `DILLY SHAW P., .: PAR.4 TO `I R Cr ¢ TAM NO TN- TOP OF BMP . - • , TIN_ EXISTING PDEL11N wa y. ¢S M MARINO RROR O - —POSER LINE $ I L •— FENCE ¢4.c�0.]�,�-',�h`,rc� Su 4x2s S ¢ x YY 'S n m- PowER POLE � LLS nS p ° cau°�s' o . p�@ °� '� &�tt�9Q°mss _INITY IHLL LVE 2p �A p O 1i- SN MW . �n raMP ai ori u v �3 y'} o° p o o�ai 0° 6 ... N.T.S. - --- *De OF Bdrat . P, ' °' ° °a°5° P4 a °156FO14q STREAH PoJ [ENTCI RIGHT OF WAY - 'azJ ysq_ TA vel '%f �//• : .. �. .j. PROLLQ .20D � ROMCEIfER1NF FIBER OPTIC mE 5619,JR6.0D {I TMEPHONE / .. VIDRKSPACE .A1101TI0,NAL — — +i--rte— S 2O ,1 7 r TC FORARY— Sat%6PdCEPRDPO:iY=/ h2'BOA EIENr '� 37 /^—1D1'RO{'I zOx6P BORE PIT./ A:/�j/ , 47 b. Y, % / ffi%SP oo EYPROPOSEDN 1V07MSPACE / / J tT i' AiwS I 6940-DR-10 am PLM W3 w w B J .0�6p y 4AJ1i °n 041 01 4u00� �;y�¢ Lyyr�Vi alp 4�_Ps': - -I 3701 .. . 'PWFUN&MARKER 370 - . TESTLEADMWARAL , ; - 3501 - I _ rrwEUNS 'I !MAKER .. �' E%1DRNG GFADE -�-. .. 6'M11W 3301 -,�[.- , 3m 3io zMw rLnu L -I, I I :. d rrua zrnn PROPOSED ' '—RPpSEp P' PIPEl1NE PROOOSh� 290 ?D'X50'UORF PI' zDX6PUCRE PIT - 200' - 270, --' 270 - 1+00 2+00 - 3+00 4+00 6+00 - 3Ds cu.DRD ells ISSUE®FOR PROFILE PERMIS . ' T.1DDn wlzs/1B ' - ' - -. CONTENTS NOUID PPOOIICP,I . N01E - .. - - OE6ION FACTOg6® f. DATUMIANEOO ENTRALMNeSTATIUS VRSEa FFOMQPSO1Li„,AT . - - COATINRP14 MIlS EMM.L: RD ps:2 STATE'G NUTIENREL 2ONE IN PPR BEATEUFRONOPS 00.5EAVATgN. - CDATN0:1A PSIO 655 MU AIq:WN.' t E%IS"OU MAPS D EURM.NINTFACTOUTATEL VEFUF EI(ACT OCATI FROM.' PIPEM.OECAl.uo Psq PNEV rD OFA” 06URYEY, UT"M CTOR SCIFWOR IPV OR70LONSTRun D- - GCuewFaET, PIPEILVE GTNOOIPJILLY PRp1LCTED ANDCAONOFALLp]6rV0YSTEM'AT 1AREAOF (YORK PPoORTO CONSIRUCOON.. � � NEDIOODPI.NSTAUATION:.. 'uIO GLLTIOE60NE GLL SYSTEM AT1 Bw316s6n6 AND ALLOREA IIRI]TY l ONOF]]UORC CU-MI EMCEPRAr2MURIDND OAYShHOUILt7 PPIOR IO CONSTIIUL1gN. 100' bO. D tOD' 3, ALL MwIMUM OEPIII R_WUIREp1ENTSWEAGURMATTHETOP OFPN'E - ND. .DATE - - DY GNN APPA APPA APV . Vol. Pg. — ..Open Ranger • i.w,..,. y . A �Duly,.'Shat ;+ ap Rd." .. O•J�.� _ 7 _ AIS..' 't. - hi- • � ! ' , ,{ 1� _ 'rp {� w �,.� - -y � !fir -. x: •n � +., .... '"`t - a. •Mbf r ,Y rth ��• �.,, `.: � �.i BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATIONSTANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTYRIGHTS OF WAY A. General Requirements I. Adequate drainage shall be mainlained in ditches at Whim 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs)to minimize erosion and sedimentation resulting from the proposed installation. .3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative.. 4. The construction and maintenance of such utility shall not interfere with the property.or, rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County. Engineer shall determine whether or not permittee's plans shall inconvenience the public. 1 If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such. project will be allowed or if an alternative exists so as not to inconvenience the public:: A Safety Regglrements L. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures,. including placing and displaying safety devices, as maybe necessary, in order to safely conduct thepublic through the project area. Company shall provide Flagmen, signs, signals or devices necessary.to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences totraffic and adjacent property owners. .5. No cable, conduit and/or pole.line shall be laid, constructed, maintained and/or repaired.so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. . C Traffic Control Plan I. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires soecificnighttime traffic control measures pursuant to the TMUTCD; Vol. 8� Pg b. leconstruction is within ten (10) feet of the roadway; or Any work performed in the road right-of-way; 2... Plan must be attached to the permit and kept at the job site anytime work is being performed.. 3. Plan must set forth the time of completion for the job: D. Design Standards . 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Teras Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be.placed at the backside of the Right of Way to ensure safety to the pub,lin: Any pole, placedin violation of this requirement will be required to be moved to the , appropriate location at the company's expense.. Exceptions may be approved by the.CountyEngineer.. 3. All underground installations shall.(these are.minimum depths—utility may place deeper): a: be placed at a minimum depth of forty-eight (48). inches below the top of the. pavement; b, be at least thirty-six (3 6) inches below ditch flow line when. instal ]at ion is within the area. measured from. top of bank to top, of bank;. c. be at least forty-eight(48) inches below. ditch. flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; , d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of: less than 60 feet.. 4. Water Lines: All water line's must be:a minimum 36 -inches below the ditch flow line and cased. . Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that bave 60 feet or greater of right of way.shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from . back of riglit•of-way). Power- 0 to 2 feet, nominally I' Phone. -2 to 4 feet, nominally 3.':. Gas — 4 to 6 feet, nominally 5'. Cable =6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right -0 --way in all pew developments. shall install the utilityin a similar manner. as referenced in No. 3 above; however, the County. Engineer.or its designated representative will. provide final approval of each utility location:, 7. The length of any trench to be opened. in advance of the pipe, conduitor ducts may not be longer than 400', if left open over night or unattended. 8 Crossings.undera county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN,CUTS WITHIN COUNTY ROAD PAVEMENT; h, be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch:. Brazos. County must be given 24 hours notice of pressure grouting operations and have the opportunity.to have an inspector onsite toobserve pressure grouting operations; . Vol. �� Pg c. TxDOT Standard.Specification Item 476 shall be followed for all boring, jacking; tunnelingapd joints.. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have,proper traffic control:measures in place; See Traffic Control Plan listed above. c. ' pits shall NOT be located Within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d.. when pits are.to reinaio. open for more than.8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems;' e. based. upon soil conditions; the County Engineer or,his representative may require shoring to protect pavement integrity; E based upon soil conditions, the County Engineer or his representative may.require pits be placed .. further from.the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County.:Engineer or. his representative. b. backfilled with cement stabilized material: c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling: Any backfill placed . during a rainy period:or at other times where ezcess:water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed:and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill.yoids under the:base and pavement materials is allowed. 11. Company.must be careful to not jeopardize the slope or integrity of the shoulder of the.road. In the event Company damages the slope,' shoulder or any other portion.of the right-o&way, Company will be . responsible for repairing the damage and replacing the right-of-way.to:the condition itwas.prior to commencing construction.. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. . 13. In the.event said construction and/or maintenance. and/or repair requires Company to, remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance: bond or letter of credit securingnecessary repairs: Said bond amount will be determined by, the County Engineer. 14. The applicant shall submit a letter of"No Objection": from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands: E. Emereenep work 1. Ip the event Company is required to perform emergency services, that requires excavation in aCounty, Right of Way, and unable to, notify the County. Engineer prior:to conducting emergency repairs,Company Vol. a �G t Pg.' � � shall notify County Engineer within 24 hours of beginning construction/repairs. This.will allow the County Engineer's. Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. fairs m existiue facilities I : Maintenance and/or repair to existing cables, conduits, and/or pole lines which require: disturbance of the soil, hall not be performed until plans describing such maintenance and/or repair have been approved by " the County, Engineer or its designated representative and a permit has been obtained. G. Reloealion of utilities 1. When and if the. County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles; wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated" thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility. Company: F(.. Kieh Pressure Pipellnes 1. All utility Permits for high pressure pipelines (generally 60.PS1 or greater); whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. _diameter " -wall thickness material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exceptionof the maximum operation pressure of the pipeline, this information is to be.supplied for both the carrier pipe and the casing. . 3. Assurance mustalso be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company." A. Petroleum Pipelines: Depth Tvoe of Pipeline (below deepest ditch grade) Special "Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep Non -Cased Pipe Greater. than 10' No concrete pad required Concrete pad shall.be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline -be installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer.. Vol. o? 8� Fag LEGM zi C:p ft.;, W 2 "-:v a yl R. 35 V.Oe 2,A 1%WO ,A Ew < 0 P. -j 1 i LEGM C:p ft.;, W 2 "-:v a Ito 0, FIM 35 V.Oe 2,A 1%WO ,A iW. LEGM C:p ft.;, Ito 0, FIM 35 TYPICAL M46E umno 1pmzw wVMMIV mlb eaC > itnm �10 GaW 4q W L 01— L AH..g 1 m 4 IS Lb L In a011 1a .111. Mg L =4 OW .1" 1. 11. 0 MI 'N vmrmu so .1 .1 .1fic W. w"O I" Mow M.2 TOm aproust of Tmapywim " 2 21. 4� MIA 10 41' X TRAFIFICLCONTROL, PLAN —CONVENTIONAL ROAD SHOULDER WORK (2-10) TCP (2-1b) TCP (2_IC) TCP l2_11-. r.a bY 1rl. . r., ,."2 WORK SPACE NEAR SHOULDER WORK SPACE ON SHOULDER WORK�VEHICLES ON SHOULDER Conventional Roads Conventional Roads Conventional Roads 35 V.Oe TYPICAL M46E umno 1pmzw wVMMIV mlb eaC > itnm �10 GaW 4q W L 01— L AH..g 1 m 4 IS Lb L In a011 1a .111. Mg L =4 OW .1" 1. 11. 0 MI 'N vmrmu so .1 .1 .1fic W. w"O I" Mow M.2 TOm aproust of Tmapywim " 2 21. 4� MIA 10 41' X TRAFIFICLCONTROL, PLAN —CONVENTIONAL ROAD SHOULDER WORK (2-10) TCP (2-1b) TCP (2_IC) TCP l2_11-. r.a bY 1rl. . r., ,."2 WORK SPACE NEAR SHOULDER WORK SPACE ON SHOULDER WORK�VEHICLES ON SHOULDER Conventional Roads Conventional Roads Conventional Roads APPLICATION FOR PIPELINE UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS.COUNTY. TEXAS Comes now Magellan Pipeline Company I PN Tec 1 ogistics LLC [Cwnpar{v naere], hereinafter referred to as "Company" a Delaware [stare] Corporation, with authorityto transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay; construct,' maintain, repair and/or operate equipment under, over, across and/or along cenain.CountyRoads as shown on drawings and diagramsattached hereto and said location described as follows: Facility to Cross Road - - - Length of TYPEOF CONSTRUCTION Road Name & Block Number Crossing : ICHf:CI: ONF.) . - - . Bored.- -Jacked Driven. Cased... . Old Reliance Road 80' X - - - - . Pacilim•to Parallel County Rugg] Within Right Of Wn% Road Name and Block Number - From To Distance CONSTRUCTION TYPE. 2 Diameter -:0.406 Wail Thtckncss- . High. Pressure Underground ❑ Lot% Pressure Underground Pipeline (60 psi or greater : .: Pipdinc (60 psi operating Material Yield Stren API00 X60 PSf.2 operating pressure) pressure) - . -Minimum Yield Strength 60.000 psi - - : � � - - Maximum Operation Pressure 1440 - The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings.. The Company shall commence actual construction/work it good faith within 60 days from the date of said permit and shaltcomplete said construction /work within 180 working days.. (COMPANY MUST FILL IN):. If such construction is not begun by.the 60"' day, Company will be required to apply. for anew permit.; Company declares that prior to filing this application, it has ascertainedthe location of all existing utilities, both aerial and underground, and the filing of.this application is prima facie evidence, that the proposed installation will not conflict with any. existing utility. A copy of this permit shall be kept at the job site any time.work is being performed: It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property, right:in said holder. . It is understood and agreed that the rights and privileges herein set out.are granted onlyto the extent of the County's. right, title and interest in the land to be entered upon and used by the holder and the.holder will at all times assume risk of and indemnify, defend and save: harmless Brazos County from and against any and all lossi damages, cost or expense arising in any manner on account of the.exercise.or attempted exercise by said holder of the aforesaid rights and Privileges. Any deviation from these specifications must b }LXrazns_County_Ettginee 's Office .or .its designated representative. Vol: i,_ 0 pg. � Approval of County Engineer's Office may take as long u two weeks after complete application is received. ,Applicant alpees to comply nidi ell mics of the Caunty.Commissioners and the County Engineer in construction of said _ installation attacked hereto:asBRAZOS COUNTY DESIGN STANDARDS AND SAFETY -PRECAUTION - .- REQUIREMENTS FOR WORK CONDUCTED. IN BRAZOS COUNTY RIGHTS OF WAY and incorporated .herein formlerenee.. .... ... .. .. . In the event Company fails to obtaina permit pilar to. the Installation or does not Install ullBrles in comp fiance with - - . -.-Installation requirements sel fet1h.hereln.(Le..depth, location; eec), Comppny assumes all JManclal responsibmiy for damages andfor destruction ofunes, rabic, etc bared upon lis fa0ure m mmplr with Brazar Countyrequiremenis. - Applicant agree firm If Brazas Courcy demonstrates a violation of the terms of this policy, Applicant sttpulates that requisites far Injunctive relie/edst and that Brutes County Is entitled m reblef enjoining arty conduct by applicant- - . - which it contraryfu rhe policies. - Thirpermh it a revocable perealL Brazos County easerver the right to revoke this permit at any time, in Ike sole - -discretion of Brettas County; for Interests of public'health, safety or welfare; or for fauure to_ repair any damages upon' demand, orfor any other reason deemedsufflciew by Brazos Coum•{' -- lir the-evens Company four to comply with tiny-or all of fhe requirements as set faith herein, the Count mey take such. . action as It deems appropriate M compel comptlanee.. The County Engineer funher retains the right to revoke this .. ... Permit by verbalamificalion to the AppliaantrComparry. .. ... .. ... - ..... `Failure in obtain this permh and/or nolW the Count• Engineer's Offlce within 24 hours of beginning construction - shall constitute grounds farjob shutdown.: By signing below; l certify that 1 am authorized to represent the Company listed below, and that Use Company agrees to . - - thecondilions/provisions included in this permit: Magellan Pipeline Company, LP -V-Tex Logistini, LLC -. Company Name'. _ Richard Lees Signal=., - .. Senior Pennines _ - Title - 1009 N. Earl Rudder Fwy, Ste 270 _ . - - Address - - - - -. Bryan, '. ..Tx. 87002 City Stale 405 520 8775 Phone Number Woh pd. Exhibit A High Pressure Pipeline - over 60 PSI .Barlow Calculation. . BRAZOS COUNTY, TDCAS . THE CONRNGfOPt it cv pPKpS COWIIY �OHWPa PNOR TO C�n OLS N GUE401 MRS NONCE INCLUDING Ly1NECia"ClIT6 EOIC.TMECONSTNUCLIO.Y COMPANY NAME, LOMACTPLAROM3 NALIE, CF111. Xa33591Se.13T' �NIAIREILANUSTARTOATE Y-IM37Ri-110 2. X_355000Ai2LEGEh11Y-10243M.1451].X4155616!.,1,U 011JPE.R.1'1. 'PEFFWNEtir CASEYEM A RIGHT. Cf IVAY Yt1024_B00.M5 Rarn RIGHTOPWAYFN.. rtMI TO PIAR:EiTOO TOP OF RANS - iu -NIH 16NIVUH w EXISTLMGPIPELIIF, y 7toePOWCRLYE ¢'. p PYI ts�0 a Y: . O.�.P 4YF- POL _'iLL_:� �. LLQ. o --� TREE List a : wo u g w VIGINIlYMAP.... SLRVCY Ln.e o ;m io 0 . M 1�. o`o or�5rc i N.T.S. '--�— O.OFHOR - - .4i �'� L7 u�i. p wr- A. r -C w - . :STEAM CENTLT31n: B G „R m 2' Orr m—RIGIT O'Ylay. n a_ PRO_RIV LINE. j-41 1 ROAD CENTORINPI I /\ >t SJ PIPPIN.E MASKER .'. I I /` i �.A\FIOFR OPTIC CASLETELEPHONE are �/I /'. // LADDITIawL ' I ` ! / 112 % '� y'. lO TEIAPORARY i / /WORNSPACC \Y0 -ACE ,_ / 6v Row'i 1 uy 1' _ PPOPOSE➢ PROPOSED _1 T SP PERA•XIEN 7CMIT OOREPIT EXISUIIGHAWI5W00D �N5 EN'NGYI PIPELINE' r :. PLAN i Y S, oA� h N ry 390 I � - � ' Y'-- ' •. I PIPEUNE I _ Ir A'AROEN _ .. PIPCLINE MARCEfi ' — .... I ... TEST LEAD' MORAL !— EXISnN0 C-p7ApE - . . 3001 360 340 L'._ — .. 1 J 34a SA'N � PROP00C0 SM'fYl•ELINE � P0.0PO6E0 PROPOSER . --20XSP OGRE VN _.. -.2 OORc PR .. . 320 ISSUFiD FOR ta00 2+00 .3x00 I .PERMIT- 11 CONVF,NMINAL BORE - 01/25/10: PROF LZ E— r.wit " "" " " - PIPE SPECIFICATIONS NOTE, - - -' 1•:BOy 60MEMS:MOOIOPfl001LC . . .. DESICIN FACTOR:049 1.. DATUM BASED ON ipULy STATE PUWt L0011OINAlESYS1FAI UIM HAS O]IFX.VS CAPoVER P.PE: IRO RAOI .L'. AN SL= P= STATE PIANL9,CENTPAL ZONE U9 FOOT, DE-OVED FROM On 0115ERVATION: - - C0AMG:I4mSSF11[3SIXU;AR0. LIP!, 2 EIYHIING UDlR1E9 ARE 6NOWNINAPP(10X6UTE LOGIION90ENEMTm FIIDM M.O.P-1,N0 no PRLVICU0 ANP6 AND 6UAM- CONTRACTOR SHALL VERIFY EXACT 10CATION AND SCALE W:4T 1'WEUNEGMOOGtyY PIIOTECIFD C�YARON OF ALL E10.4RN0IRIUTIig WARFA OF WOPof P1110NT0 fAM51R11C110N. YEINOp OFINSTAIIATION:. .. COM.p .ESATL OTEa=MNE.M ATI BQF2ASA510AN0ALLO1NER tTiLRY `�--•�--"�-' '� CONVENLIONALOpPE.: -. ... CON.PAN;ESA7lF1ST0WOPXPRG GY6 (IOf10URS1 PrMOR 10 CCNSOW N.--��..30_. �_.J.�_._. w. 3. AJ.MWPNM❑EP111 NCW51EMFNT64EA6URm ATTHF. TOP pf PL'E- M. GTE . _ _I RY iNX APWIIAPPR API' . BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK.CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY' A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. .1. Permittee will use best management practices ("BMP') (EPA and TCEQ both provide lists of examples of MIPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineeror appointed'representative: 4. The construction and maintenance of such utility shall not interfere with the property or rights,of a prior occupant.- 5.. Permittee shall notinterfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County. Engineer shall determine whether or not permittee's.plans shall.inconvenience the public.. if it is determined that inconvenience tothe 'public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public.. . B. Safety Requirements I.: Proper traffic control measures -must be put in place prior to beginning work and remain in place during . the duration of the job.:All traffic control:measures most follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed., 3. Permittee must take sucluprecautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public.throughthe project area. Company shall provide Flagmen, signs, signals or devices necessary to provide complete safety to the.public. 4.. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property .owners:' 5. No cable, conduit and/or pole line shallbe laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any.kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may. be approved by the County Engineer: C.Traffic Control Plan 1..A traffic control plan, pursuant to the`fMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit; excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD;. . Vol. pg/ b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; — 2. Plan must be attached to the permit and kept at the job site any.time work is being performed. 3: Plan must set forth the time of completion for the job: D. Deslen Standards. 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in Texas UriI i/ies Cade, Section 181.045• . 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any. pole placed in violation of this requirement will be required to be moved to the appropriate location atthe company's expense. Exceptions may be approved:bythe County Engineer. 3... All underground installations shall (these are minimum depths —utility may place deeper): . a: be placed at a minimutn depth of forty-eight.(48) inches below the top of the pavement; b. be at least thirty-six (36) inches.below ditch Flow line when: installation is within the area. measured from top of bank to top of.bank; c. be at least forty-eight inches below. ditch Flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten(10) feet from the edge of pavement: Exceptions may apply in rights of way of. less than 60 feet. .4. Water Lines: A] [-water lines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities to all new developments that have 60 feet or greater of right of way shall be installed within . designated locations based,upon the type of utility. The locations shall.be as follows: (measured from back of right-of-way). Power- 0 to 2 feet, nominally l' Phone — 2 to 4 feet, nominally 3'-. . Gas — 4 to 6 feet, nominally 5' Cable-6 to gfeet, nominally 7' 6. Utilities with less than 60 feet right-of way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however; the County Engineer or its designated representative will provide final approval of each utility location: 7. The length of any trench to be opened in advance of the pipe, conduitor ducts may not be longer then 400' if left open over night or unattended. 8. Crossingsunderacoonty.roadshall: a. ' be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between. pipe andcasing and soil exceeds one (1) inch.: Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity.to have an inspector onsite to observe pressure grouting operations; Vol. p9 3� c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking; tunneling and joints. 9:. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place;. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; c. based.uponsoil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; . f.. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County. Engineer or his representative b. backfilled with cement stabilized material:: c.. based uponsoilconditions; the County. Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits;. e. all disturbed base and pavement.materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f, no side or lateral tamping to fill voids.under the base and:pavementmaterials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. I.n the event Company damages the slope, shoulder or. any other portion of the right-of-way, Company will.be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to, commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County , road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines.cannotbe accomplished by any other method and in this event all such equipment shall be.of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the.event said construction and/or maintenance an repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement road base,:etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all, designated wetlands and environmentally sensitive lands. E. Emereency work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County, Engineer prior to conducting emergency repairs, Company vol. 8.� P9. shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's. Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to exisline facilities . I. Maintenance and/or repair to existing cables, conduits, and/orpole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been: approved by the County Engineer or its designated representative and a permit has been obtained. . G. Relocadon of utilities I. When and if the County Engineer determines that it is necessary Cor the construction, repair, improvement,: alteration or relocation of all or any portion of said road, any or all poles, wires; pipes; cables or other facilities and appurtenances authorized hereunder, shall be removed from said road; or reset or relocated thereon, as required by the County Engineer within areasonable time as determined by the County . .. . Engineer and. Utility Company, and atthe expense of the Utility Company. H. Hish Pressure Pipelines L All utility Permits for high pressure pipelines.(generally.60 PSI orgreater), whether.pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the panni[ -diameter -wall thickness -material specification minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of.the maximum operation pressure of the. pipeline, this information is to be supplied for both the carrier pipe and the casing. 3.. Assurance must also be given that the installation material and design meet the ritinimum Federal Safety Standards.for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: . Depth Type of Pipeline (below deepest ditch tirade) Special ReWreinents Encased Pipe Less than 10' Must be coveredwith concrete pad at least 36" deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less than 10'. Must be covered with concrete pad at least 48.' deep Non -Cased Pipe Greater then 10.' No concrete pad required. Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. . S. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of - Way. 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TlPIpL USAGE �� fort WIr RY 1115•MYn IOc 1W' Dafnw 5anwu teat rnta•n uarmpn ea APPLICATION FOR PIPELINE UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COIJNTV 9IrT1T n>+ XVev TO: T14E COUNTY ENGINEER OF BRA7_OS.COUNTY, TEXAS Comes now Maeellim Pipeline Campon LPN•Tex'Logistics LLC [company name], hereinafter referred to as "Company" a Delaware [stare] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the Count), Engineer for the right to lay, construct, maintain, repair and/or operate equipment under, over, across and/oralong certain. County Roads as shown on drawings and diagrams.attached hereto and said location described as follows: Facility to Cross Road Length or, TYPE OF CONSTRUCTION Road Name& Block Number Crossin- CHECK ONE) - - Bored Jacked - Driven - Elmo Weedon Road 80' X Facility to Parallel County Road %Vithin Right-Of-Wav - Road Name and Block Number From - - To Distance CONSTRUCTION 1 V PE 20" Diameter 0.406 wall Thickness High Pressure Underground ❑ Loiv Pressure Underground Pipeline (60 psiorgrcaier Pipeline (60 psi operatingMaterial Specification .API I X60 PS1.2 operating pressure) - pressure) - Minimum Yield Strength _ 60,000 psi - - Mmimum Operation Pressure 1440 - - - - - The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual constructiontwork in good faith within 60 days from the date of said permit and shall complete said construction /work within 180 working days.. (COMPANY MUST FILL IN). If such construction is not begun by.the 6l)" day, Company will be required to apply for anew permit.: Company declares that prior to filing this application, it.has ascertained the location of all existing utilities, both aerial and underground, and the filing of this. application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this permit shall be kept at the job site anytime work is.being performed: . It is expressly stipulated that this Permit is a license for permissive use only and thatthe placing of facilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. It is understood and agreed that therights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the.holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or expense arising in any manner on account of the. exercise or attempted exercise by said holder of the aforesaid. rights and privileges. Any deviation from these specifications must_be_approved_by_Brazos-County-Engineer's Office or.its.designated representative. Vol.05 /� ? Pg.—,L4- - Approval arCounty Engineer's Office may take as long astwo weeks after complete application is received:. _ .. Applicant agoras m comply with alt rules of the Coumy Commissioners and the County Engineer in construction of said insiallatian almched hereto as 'BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS'COUNTY RIGHTS OF WAY. and incorporated herein for reference. .. .... .. In the event Company fags to obtaina perp elt prior to the Installation at doer, not install wilkles in compliance with -. Installation requirements setfa/th herein .(Le..depth, location, etc),. Company assumes all flnanclal reiponsibgin-for damages and/ardestruafon afgner, cabler,.ete. basedupon itsfullurd to comply with Brows County eequiremena. . Applicant agrees thin 1 Brazos County, demonstrates a violation of the terms of this policy; Applicant sdpularer thus requisites for In lunctive relief edsl and that Brows County Is entitled to relief eefohting anyconductby applicant which is contrary /a the policies. 77ils permb Is arevocable permit . Brows County reserves the right to revoke this permit at any lime, In the sole . dlseregon of Brows County, for Interests df pubile hea ih, safety or weyare,, or for fa IN re to repair any damages upon demand, - - demand, arfor any otherreason deemedsufficient by Brawr Coumq-. In the event Company fuBrto comply with, any or all of the requirements act serforth herein, Ike County may take such action as it deems appropriate to compel compliance.. The County Emgiaeer further retains the right to r^-oA'e this - . _ Permit by verbal notlficadon to the ApplicanolCompany. Failure to obtainthispermit-andlor tw#6 the County Engineer's Office within 24 hours of beginning con truetlon- - shall constitute groundsfarfob shutdown. By signing below; I certify that I am authorind to represent the Company listed' below, end that the Company agrees to . . the coaditions/provisipna included in this permit.'` '. Magellan Pipeline Company, LP--V-Tex Logistics. LLC Company Name Sy: Signaluurc y .. Senior Permitter - - . . ... .... Title - 1009 N: Emf Rudder Fwy,.Ste M . Address . - . Bryan, .Tic. 50002 - - City - Stale Zip : - - 05 520 8375 .... .. Phone Number. .. -- .. --rleesaaufsnv.com -.Email: Vol. P9. 3% Exhibit A BRAZOS COUNTY, TEXAS THECONTRA=11MUST NOTIFY BRAPOSCOIINTY aefIWflS PRgRTO CONSIRtICItON. OX I.UGIION .. - - j. :1. - _ C RDINA Ppp . L%=35nOdCE6a PROPOSE) Y-102.34 a 917 CNOSSING �. 2:%-I5n0TSIU 1 F. cLRD . ' : : Ya1Pl]06fi9.B5B - . - J: %•J5n06R.168 ELMO P.F.R.\9. PEN1ID;fM FASEMENT B RIGIN OF WAY Y -'On TB.IJ9 \-LUO RD RO'N RIGHT OF WAY.. .-. .. - Q .. v. .. Fr - FIRM TO MARKET702T> o MN. ... NOMMLL`1 Nx a S Pu T EXISTING PIPF"IY POWERLIC •5 ; � �ILAAVNAD1O OaP` ORA ILJN f1C PpwPa PaE a1. o Qr3 RV.� V(ClN17YMRP SUNY LE z f n -�---TOF.OF RAnx - TOE OF RA,N srRei+r cENTeRLUE -+n--- RIGHT OF WW ' - -r—. PROPERTY LL',F. < - ROM CENTMI;,t 0 4 PIFELIA_ MARKER 4a �-+— FIBER OPTIC CMI E. TENFD - ROINO — 2. 2 I -TERPORA- r WwnsPnclCE . Q�;a1EnPL--{/j.I 2IT WORKSR.C. ' i'5U Pr YLEN r. J ... 1 I I I -EASE /tNr PROPOBEO —' '�- 20x5dBORCPI7 wRow ! ! / ' / 7 / i '2a7zoxm w"OR - BORE Pu • �! �/ •' /I/ I/. �• aP TFAIPOHARYWO SPA .;•/ GOIXI ATIVS PL-4N J n x,n �yI Wix� a 10 91 300, i 300 : fN6LI6EVARkER — jPIPELINE ' TLSf LEAOTEnWNn1 1 II MM%FR . Yfi0( __. —� E%1 STING GRADG a H.I'I 2B0 II -,I f0• I ` 260 -I�260 PNOPOSED. - — PROPOSE020 PIPELINE 2MW� PROPOSED J 2PXSD BOnE PI - 2u'NPA•UURCPIT - - 240 2'10. -. 2+00 - 3+00 ISSUED FOR 2Dt' CONVEMIONAL BORE PROEM - - PERMIT - renin .64/25/18:. 1• -au . . v _ - - - PIPE SPECIFICATIONS -' - - -- DEVON FAGrC RIIB PNOOUCTS '- D.w 1. DATUM WSe9 ON TFIWB STATE PINECOORDINATE SYSTFAI, VfMNAp BT IEILlS - f.+IWEA HPE ]L'U, D.wd•n.l./AY%RLI.512 STATE PLANS;CFNOML 2D:lp. U9 FOOE pFRNEOFRGM Gp50LL5�VATION..' - - Kop.; 1't me FtlE19 NRSARp. A!lY. 2. PX'ww MAPS Smo SuRmVNINMPRU%11AAlELOfuwyFOFNENai MN" MOPLIIECAHOU PR_MWSNAPS,WOSURVEy.LONT111CTOR SIUM.VERIFYFJRTOc LAT ucw SCAIEIwF PRELWEOPINSTALAT104; TEL•Tm H£VATION OFAI E]M15ILYU UBYRE9IN MFA pF1NORKPR'ORT000NSTRULFION - METgp OFINSTAtIAPON: PIq CALLTEIGlS ONE GLLLSYSTENI AT I-0W2Wv\O ANOAILOILIFA ULIUTY -_ CON9EMIONAL80RE Mre BY I CNN MPR MPR MP C_ �S SAY •' T ' R ,. • i•.'{�'r� _ :lotiI •:1 )' - y . l ty.y Y E �♦/� 4 I I• ��k � � ' 1 00 S. 4 _ Y ♦' oogle Earth BRAZOS COUNTY ROADWAY SAFETY.AND ROAD PRESERVATION STANDARDS FOR WORK. CONDUCTED dN BRAZOS COUNTY RIGHTS.OF WAY` A. General Reaairernenrs I: Adequate drainage shall be maintained in ditches at all times. 2.. Permittee will use best managementpmctices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs)to minimize erosion and sedimentation resulting from the proposed installation. 3, The:permittee shall take precautions to.avoid damage to property., All County Right of Way and.property shall 6e restored to its original condition,.as far as. practical, iq the opinion of the County Engineer or appointed. representative.. . 4. The construction and maintenance of such utility,shall not interfere with. the.property.or. rights of a prior occupant... 5. Permittee shall not interfere with otherutilities located in the right of way. In the event damages occur, permittee.will be liable to the County or other utilities.running through the right of way. 6. County. Engineer shall determine whether or not pennittee's.plans shall inconvenience the public. If it is determined.that.inconvenience to the public exists; then the County Engineer will decide whether such . Project will be allowed or if an alternative exists so as not to inconvenience the public:: B. SafetwReouiremenfs 1.: Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of thejob. All.traffic control: measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD)::See Traffic Control Requirements below, 2. During: construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through, the project area. Company shall provide . Flagmen, signs, signals or devices necessary to provide complete safety to the public.. 4. Adequate provisions must be made to cause minimum inconveniences.totrafFic and adjacent property owners.- 5. ,No cable, conduit and/or pole line shall be laid, constructed,maintained and/orrepe!red.So alto constitute a danger or hazard of any kind.to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions maybe approved by the County Engineer. C. Traffic Control Plait I., A traffic control plan, pursuant to the TMUTCD.or Engineered Traffic Control Plan must be provided for the following:, a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD; Vol.pg. <'? b. If construction is within ten (10) feet of the roadway; or c. Any work performed in.the road right-of-way; — .2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job: D. Desien Standmds . All overhead installations shall conform to clearance standards of the Texas Department of Transportation And the pole be placed in the designated area for power specified as set forth in the Teras Utilities Code, Section 181.045: 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public:Any pole placed in violation of this requirement will be required to be moved to the .appropriate location at the company's expense.. Exceptions may approved by the County Engineer. 3. All underground installations shall (these are minimum depths— utilitymay place deeper): a., be placed ata minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. , be at least forty-eight(49) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see HighPressurePipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 Feet. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and eased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from . back of right-of-way).. Power— 0 to.2 feet, nominally I' Phone — 2 to 4 feet, nominally 3' . Gas — 4 to 6 feet, nominally 5'. Cable -6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location: 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored orjacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVFK4ENT; b. be pressure grouted for the full length of the crossing ijthe annular space.between pipe and casing and. soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting . operations and have the opportunity to have an inspector on site to observe pressure grouting operations; Vol. �' G . pg. �,[� c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: a. no pits shall remain open longer than 2 days; b. all pits shall have proper.traffic controlmeasures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; T_ based upon soil conditions, the County Engineer or his representatiyemay. require pits -be placed further, from the edge of road. 10. Any installation within ten(10) feerofedge of pavement shall meet the following: a, location must.be approved by the County. Engineer or his representative b.. backfilled with cement stabilized material: c. , based upon soil conditions, the County Engineer or his representative may require shoring to protect.pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling: Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. ..no side or lateral tamping to fill voids under the.base end pavement materials is allowed. . . 11_ Company must be careful to notjeopardize the slope or integrityof the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing.the right-of-way to:the condition it was prior to. commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base; etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amounfwill be determined by the County Engineer. 14. The applicant shall submit a letter of" No Objection from the:Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emewencdwork 1. In the event Company is required to perforin emergency services, that requires, excavationin aCounty Right of Way, and unable to notify the County Engineer prior.to conducting emergency repairs, Company shall notify County Engineer:within24 hours of beginning construction/repairs.. This will allow the County Engineer's,Oftice an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls, used. F. Repairs to existine face/flies L. Maintenance and/or repair to existing cables; conduits, and/or pole lines which require disturbanceof the .:soil, shall not be performed until plans describing such maintenance and/or repair have been approved by: the County Engineer or its designated representative and a permit has been obtained. C. Relocation of afflides 1. When and if the County Engineer determines that itis necessary.for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required,by the. County Engineer within areasonable time as determined.by the County. Engineer and. Utility Company, and at the expense of the Utility Company. A High Pressure Piaelhees 1: All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to :. controlled access or non -controlled access installations, should contain the following additional information in the description of the permit., -diameter -wall thickness -material specification minimum yield strength -maximum operation pressure of the pipeline . .: 2. With the exception of the maximum operationpressure of the.pipeline„this information is to be supplied for both the cairier,pipe and the casing. 3. Assurance must also be given that the installation.material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance mus[ be provided. on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements - - Encased Pipe Less than 10' Must be covered with concrete pad at least 36” deep Encased Pipe Greater thin 10' No concrete pad required Non -Cased Pipe . Less than 10' Must be covered with concrete pad at least 48" deep, Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3": thick and width shall be pipe diameter plus 18" minimum. . 5. Under no circumstances will a pipeline be. installed: parallefto a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines.(which includes natural ' gas lines) and shalt not be parallel t6 a County Road. 6. Natural Gas Distribution is a line that serves the final customer. IVc!, ��� P4 ��/ . � . LEGM ... fn I !. jCM-1ixjM 1 n1. Eqb was nmaesr I'M vim t. NA gi ao W ITS - so w IN- Nar 40- L-13 NY W. B141- w M. �l M-1 En. In- w Si tl 03' I'S' 740. UV IN- *IV rp 7111- SAO• w m. Iw M. I — IN -.I 'w 540. . � . LEGM ... IM 3 "rl-" . , I !. jCM-1ixjM 1 n1. Eqb was nmaesr I'M vim N Mir "TIIN, t.allu m.f b.enperp. mwim urNim,,i wnruNif TYP':;Tl' Of 1. 0 �Ic TON 31010"t, f.rN, MIR= rop'Nit. W 400� MIES fair, N. al— - iltaft= III �.. -h I mign Il(NrrW. . � nwf NNINON IN WIMI4 IrN1 m N1,Nd rl� .111614 � r"NW, 110mm. . INN, Im tImi cr74W it m IN N! TiNa W " IN fNq 1. � & of Imo. 1wWNG"I Ir "is, a IN � If"', �"N I�P. i,N011. 1 1. IN IvIdFl. Nvirc, IS ri. I, • P1.1 Tm 3 �INOI �11.11 .1'N' N, �Mi 1301-10 11(ciz-virm w it -1. in, END mw Ron ORK WORK AHM rMI.I. fwN1 �12 lr� . 74- w . Is' EIA Li L= Q10 LIM• .. 'Clio x w1w, M' X 24- -1 Tdidf csim 2,A T TRAFFIC CONTROL PLAN CONVENTIONAL ROAD SHOULDER WORK TCP,(2-16) TCP Q -1b1 TCP (2-1c) TCP(2-1)^12 WORK SPACE NEAR SHOULDER I WORK SPACE ON SHOULDER WORK VEHICLES ON SHOULDER Conventional Roads Convenflonal Roads Conventional Roads I was nmaesr W ITS - so w IN- Nar 40- L-13 NY W. B141- w M. �l M-1 En. In- w Si tl 03' I'S' 740. UV IN- *IV rp 7111- SAO• w m. Iw M. I — IN -.I 'w 540. N Mir "TIIN, t.allu m.f b.enperp. mwim urNim,,i wnruNif TYP':;Tl' Of 1. 0 �Ic TON 31010"t, f.rN, MIR= rop'Nit. W 400� MIES fair, N. al— - iltaft= III �.. -h I mign Il(NrrW. . � nwf NNINON IN WIMI4 IrN1 m N1,Nd rl� .111614 � r"NW, 110mm. . INN, Im tImi cr74W it m IN N! TiNa W " IN fNq 1. � & of Imo. 1wWNG"I Ir "is, a IN � If"', �"N I�P. i,N011. 1 1. IN IvIdFl. Nvirc, IS ri. I, • P1.1 Tm 3 �INOI �11.11 .1'N' N, �Mi 1301-10 11(ciz-virm w it -1. in, END mw Ron ORK WORK AHM rMI.I. fwN1 �12 lr� . 74- w . Is' EIA Li L= Q10 LIM• .. 'Clio x w1w, M' X 24- -1 Tdidf csim 2,A T TRAFFIC CONTROL PLAN CONVENTIONAL ROAD SHOULDER WORK TCP,(2-16) TCP Q -1b1 TCP (2-1c) TCP(2-1)^12 WORK SPACE NEAR SHOULDER I WORK SPACE ON SHOULDER WORK VEHICLES ON SHOULDER Conventional Roads Convenflonal Roads Conventional Roads I was nmaesr APPLICATION FOF rILITY PERMIT I COUNTY RIGHT OF .WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Magellan Pipeline Comoariy LPN -Tex Logistics LLC (contpm�p nmuej, hereinafter referred to as "Company"a Delaware (.srate] Corporation, with authority to transact business in Texas, acting. by and through its duly authorized representative, and:hereby petitions the County Engineer forthe right.to lay, construct, maintain, repair and/or operate equipment under, over, across and/or along certain CountyRoads as shown on drawings and diagrams attached hereto and said location described as follows: - - Facilityto Cross Rood - . Length of TYPE OF CONSTRUC HON Road Name & Bluck Number - Crossin (C11ECR ONF.) . Bored tacked Driven Hardy Breedon Road 80' X it Facility m Parallel County Road. Within Right-Of•Wav Road Name and Black Number From - - To - -. . - - Distance C0Ns'rRUC'rl0N'TYPE 20" Diameter 0.406 Wall'Thickness lid I ligh Pres sure Underground ❑ l.osc Pressure Undcrgrbund Pipeline (60 psi or greater Pipeline (60 psi operating Material Specific tren - API SL Xfi0 PSL 2 - operating pressure) - pressure) Minimum Yield SStrength - 60.000 Psi � � - - -. Mucimum Operation Pressure 1440 The location and description of the proposed installation and.appurtenances must be fully shown on the attached detailed drawings. The Company shall commenee actual construction/work.in good faith within 60 days from the date of said permit and . shall complete said construction twork within 180. working days.. (COMPANY MUST FILL 1N). If such construction is not begun by the 60'" day, Company will. be required to apply.for a new permit. Company declares that prior to filing this application; it has ascertained the location of all existing utilities, both aerial and underground, and the. filing of this application is.prima facie evidence that the proposed installation will not conflict with any existing utility. A copy:of this permit shall be kept at the job.site any. time work is being performed. It is expressly stipulated that this Permit is a license for.perrnissivc:use-only and that the placing of facilities upon public property pursuant to, this permit shall not operate to create or vest any. property right in said, holder. . It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the Count's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or, expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from, these specifications must be approved by Brazos County Engineer's Office, or its designated representative. Approval of County Engineer's Once may take u long as two weeks after complete application is received: Applicant agrees to comply with all rules or the County Commissioners and the County Engineer in construction of said - installationattached hereto .as-BRAZOS -COUNTY DESIGN STANDARDS' AND SAFETY PRECAUTION - REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS'COUNTY RIGHTS OF WAY and incorporated herein for reference. .. - ... In the event Company fails to obtain a perm!l prior to the Instafladam or does not inslaU utilities in. compliance with installation requirements ser forth herein (Le. depth, location, etc), Company assumes nil financial responsibility. jar damages and/or destruction ojfines, cables, etc -based upon Bsfatfure to compty with Brains County requirements. Applicant agrees that Ij Brazos County demonstrates a.vlolation.ofthe terms of this padre}', Applicant .stiulorer that 'requikhes jor Injunctive relief etin and that Brazos County Is entitled to relief enjobdug any conduce by applicant, which Ls contraryto tha policies.. - - This permit Lr a revocable permit Brains County: reserves the right to revoke this permit ar any time. In the sale discretion of Brazus County, for Interests ojpublicbeahh, safrty or welfare, ar furjaOure to repair amy damages upon - demand, orfor any other reason deemedsufclenl by Brazos County. - In the event Company fausIn comply withany or all ofthe requirements as seffath herein, the Caunry may tale such action as 11 deems appropriate to. compel compliance. The CaumD Engineer further retains the right to revoke this _ Permit by verbol nay7cathm to the AppllcantlCompany. Failure to obtain this permitamd/ar notify the Caunry Engineer's Office within 10 hours of beginning construction shall constitute groundsfar job shutdown. By signing below, I certify that I am. authorized to represent the Company listed below, and that the Company agrees to the conditianslpmrisicua included in this permit: Magellan Pipeline Company, LP -V-Tex Logislics. LLC Company Name Richard Lee. By: G�� Sicnowrc Senior Permitter Tide - - 1009 N. WRudder Fw9,Ste 230 Address Bryan. Tx. 93002 City. State - Zip. ..405 520 8375 .. _ . Phone Number .. " .. - .deesaufsnv.cum M a - . . P1 Vol! Pg Exhibit A BRAZOS COUNTY, TEXAS 'NE GONMOTOR 1.lUSTA•OTIFY FMZOS COUNTY 48 NOUNS PR1pR10 LONSTNUMN. O%LOCAl1ON - 1 COOROINATFS;�PROPOSED apl} 1.%°]590n1tl 16MA014 CR095WG Y-1092 0 6r FA0 2'%-1990400.661 I : � - ]. k�A590]99469 • °�NROY P E,IL1'L PEANANF.NT E35E(tiN[BRIuH7C: YtAI' Y-f0219S14331 1VcE00N Rp ROU RIGHT OF WAY _.'. LU . . F.tl. F11Q1 TO NPiRLTal LRDS.a CREEK TN - TOP OF 9AI]1 - - 11 'o Y11. MNF1W - n �c - 'E)U5iIt.GPIPEIIIt i < Sa T SZ x OEERCNEEK011— °UNE-L1t5 p ®- IAl CA PO1Lw O o' �ya R. p' m w . V131N17Y MAP —�-SURVEY LIPSm'. LK .ip a 00 OK O: DSm NTS lo? OF OF WK - -.ae- ---- TOE UP BANK.- - STREAITCFNTLA.IIE • y �� �_ $ 'O - I— RIGUT OF I 1 - j • � r + m A_.PROPERTV LIPS^- f -""__i ROAD CCNTE'a91E _ AT J 1 1 Q PIFELM F EN F 9TR OPTIC CM' —•--- E EP11MV - I ZD— L. 1 N• I -25�� LNICRGRUU L FYPaRY! ^] AWITID•1.11. I ]0—I-EB•NOIV`—pi I j I STPA4WElIT� TEY9'IX1ART PROPOSED 9D%GO'80REPIT I- J �. I I I EIRENEHT Y.'p PROPOSED ORNSPACE 1 O f 20%50'8m4pl ,II ' 4a'TFJAVOAPRY •A'TEF., d I f OACE PLAN ..-. a „y .. - .. ... -cl `L u . P PELINE S]AIIREC - I -` . TEBT I„ADiLNUE1AL� �-PIPELINE .. i. `p 2Hf'4 L9N I I kN!KER I. I---- /-FE.IENO O" E /Gun i 4 1/11 1 PAOPO5P0IP PIPELINE 7 240 - PROPOGF.02D%9D IIOREPR PAOPOSE020'%50 DOIi�P1T� 1+00 2+00 '. ISSUED FOR 1]0'CONV I NAL CORE - .PERMIT - - PROFILE - 04/v/le. r.4D I1 - PIPE SPECIFICATIONS NOTE: DE9GN FACION.OfO 1. DANU pASEl10NTEXA581ATE PLANE OOOROWATE bY9TEM, UII9. NAA®1kXA9 CARRION PIPE m'D,D4a'w1; AP19Lx69,ny.2 ' STATEPlANE5, CP11TRAL9ONF, Ub FOOT,DEPR'FD PAO'AOPS OSSETlVAION. - CDATRI0: 14 WLS IYE. MAIRS ARD. 41N, EASING UTMIE6 ARC 61101VN WAPPI6010HATELDCATIO.•LS GENF1UTm MUtI.HDP$p PAEUWB IMP9 ANO SURVEY. CONTRACTOR 61W1 VERIFY EXACT LOG110N ANO SGIEWEN$- _PO+EZVJE OATNODIGLLV PROTECTED - E AIION OFALL W.NiINO Wit Rl6 WANE40F NOP•K VRWR TO LONSTRUOCON. "OUNO CATHOV IATIONR AND GALL MMS ONE GALL SYSTEM AT 1d 4S 5hYJ 0.LL OTREA LR ! IIY GONVEMIONALDORE-: COY�PANIES ATLUET 2 Mal . DAYS I4B IIIXKL4f PRIORTO CONSINUCIION. 40 20 0 i0 ]. ALL18xK1UU(FPII REOUBiEUEN19 U6l5IRIm ATTNETOPO,pm �. CAT -. R FR CIiK MPR APPR AP fv0l. _ Pg- - BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK.CONDUCTED.IN BRAZOS COUNTY RIGHTS OF.WAY' A. General Reaulremenrs 1. Adequate drainage shall be maintained in ditches at all times. 2.. Permittee will use best management practices ("BMP") (EPA.and TCEQ both provide lists of examples of BIv1Ps) to minimize erosion and sedimentation resulting from the proposed installation. 3. The.permittee shall take precautions to avoid damage to property. All County Right of Way and.property shall be restored to its original condition, as far as practical, in the opinion of the CountyEngineeror appointed representative: 4. The construction and maintenance of such utility shall not interfere with the property or rights.of a prior occupant. 5. Permittee shall not interfere with othcr.utilities located in the right of way." In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether.or not permittee's plans shallinconvenience the public. if it is determined that.inconvenience to the public.ezists, then the County Engineer will decide whether such.. project will be allowed or if an alternative exists so as not to inconvenience the public.. . B. Safety Reauiremenrs 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job ::All traffic controlmeasures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During.construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Pennittee,must take such:precautions and measures, including placing and displaying safety devices, as may be necessary; in order to safely conduct the public.through the project area. Company shall provide Flagmen, signs, signals or.devices necessary. to provide. complete safety to the. public. .. 4.. Adequate provisions must be made to cause minimum mconveniences.to trnffic and adjacent property ...owners: . 5. No cable, conduit and/or pole line shall be laid, constructed,; maintained -and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any polesplaced in the -Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan I. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following:: . a. Any construction (i.e. pit; excavation, hole).left open overnight, requires specific nighttime traffic control measures pursuant to the TMUTCD;. Vol. 0� Ps` S�3 . b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of--way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Deuka Standards I. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Ulifi ies Code, Section 181.045, 2. All pole. installation (including lighting) shall be placed at the backside-of the Right of Way to ensure safety to the public: Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved.bythe County Engineer. . 3. All underground installations shall (these are minimum depths - utility may .place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b, be at least thirty-six (36) inches below ditch Flow line when: installation is within the area measured from tap of bank to top of bank; c. be at least forty-eight (48) inches below ditch Flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines.requiremenis.listed below; , d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of . less than 60 feet. 4. Water Lines, All water lines must be a minimum 36-inches below the ditch Flow line and cased. Waterlines shall be eased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power-0 to 2 feet, nominally 1' Phone-2 to 4 feet, nominally 3':, Gas — 4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No, 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: > . a. be bored orjacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing lf the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 flours notice of pressure grouting operations and have the opportunity, to have an inspector on site to observe pressure grouting operations; V4. "� Pa. ✓ �" c. TxDOT Standard Specification Itent476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: a... no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in placer See Traffic Control Plan listed above. c. pits shall NOT.be located within ten (10) feet from the edge of pavement without prior approval from the County Engineeror his representative; d. when pits are to remain open for more than S hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or.his representative -may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineeror representative may require pits be placed further from the edge.of road. 10: Any installation within ten (10) feet of edge of pavement shall meet the following: . a.location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material: c. based upon soil conditions, the County Engineer or his representative mayrequire shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench.prior to backfilling: Any backfill placed during a rainy period or other times where ezcess.water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement:materials shall be removed.and restored to the satisfaction of the County Engineer or his representatives. F. no side or lateral tamping to fill voids.under the base and pavement materials is allowed: 11. Company must be careful to not jeopardize the slope orintegrity of the shoulder of the:road. In the event Company damages the slope, shoulder or any. other portion.of the 'right-ofway, Company will be responsible for repairing the damage andreplacing the right-of-way to:the condition it was prior to. commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in.this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, tutor jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a perfomiance.bond or letter of credit securing necessary repairs. Said bond amount will be determined by. the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the:Army Corps of Engineers for all . designated wetlands and environmentally sensitive lands: E. Enrerrenc6 work L In the event Company is required to perform emergency services, that requires excavation in a County' Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company Vol. 6 pg shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to existine facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. C. Relocation of utilities 1. When and if the County Engineer determines that it is necessary for the construction; repair, improvement alteration orrelocation of all or any portion of said road, any or all poles, wires, pipes; cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time. as determined by the County. Engineer and Utility Company, and at the expense of the Utility Company. H. High Pressure Pipelines 1. All utility Permits. for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on' company letterhead and signed by authorized representative of the company. 4 Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep '. Encased Pipe Greater than 10' ` No concrete pad required Non -Cased Pipe. Less than 10' Must be covered with concrete pad at least 48" deep . Non -Cased Pipe Greater than 10' No concrete pad required Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be.installed parallel to a County Road within the Right -of - Way. Transmission lines have been determined to be petroleum pipelines (which includes natural; gas lines),and shall -not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. Vol, Pg t2 1 b 111Mq I aa¢ d b14 AMuo 1314 ]� 7IV m M tj14 Row oRK . e}a_ =ea ' pAp {ypHp 41V TINY - VOr. h110 bupq. HMb HIIII hvtl.i bl.0 Ilewlro I"W marc - 1cImIY oiOCtb11 Imllo]e slm Vai61 61'ea-a v b 8 �.] tlwH@ ] ].• lPl NA .- S w • I lY w' A]' / ILm mie ]I� 1 @Y I% - e,� rirw� G n e50. 11Y s I RP sm. 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'.'nnz van son Tm mcmnn lac la mono mTlpmw IW mnwAr srttmal I J 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2018-2019 BUDGET YEAR NO. 18/19 13.1-13.8 On this the 28th day of December 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 E. Irma Cauley, Commissioner, Precinct 4 P. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 28th day of December 2018 the Court heard and approved a budget amendment(s) for the 2018-2019 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 11 September 2018, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 28th day of December 2018. THE COMNHSSIONERS COURT Or BRAZOS COUNTY, TEXAS. By: ) L Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget FV 7-6:�7 `� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119 - 13.1 tg J)De"eartment A6Prova1 'CE eentYdge'AL)Prov_ a,lc,!=` Date;=, '„�•, _j Vol. a J7 4 Pg.. _J -f- .�°F n+A. v V 4✓n CSh-v911�.iim�6m='�1.fiV.tt .vim .i Iv,.R.�4 ^a�Ci[ µ �ps FUND DIV ACCT DR/CR " ACCOUNTNAME Increase Decrease D100 11000500 67286000 CR G ui ment-Other 4854.93 0700 17000100 67286000 DR G 16 mem-Odter 4.854.93 Vol. a J7 4 Pg.. _J -f- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119.13.2 12/2812018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Contin^nic De arnnenlal Su ort 1,000.00 General Fund Boonville Cemete Re airs&Maio. 1,000.00 FUND DIV ACCT DR1CR ACCOUNTNAME Increase 1. Decrease 0100 11001500 61130000 CR Contin enc "000 0100 11001000 65050000 DR Building Mainl 1,000.00 Commissioners' Court and Boonville Cemeter Reallocation of funds to the appropmte account to have cabins located at 010 Boonville Cemetery to be services for termites. s, x Mew ai-, y Sri* 'n * PFg, 'i45 of ;�. CAl EDepartment App valI,,%',�-,, ➢!it'r5 nr :"Dated "'_'� "t'[/ t `+3ta p, xd ,'vnr^xF P iv V uT, ,.sc.;_ ru..e5 }CountyJOdge,_Approval '+ ' , ate`' nr'.lccoontin=Por uses Onl y._.c. ,.te tip:; x s.s .,.:..,;. e. FUND DIV ACCT DR1CR ACCOUNTNAME Increase 1. Decrease 0100 11001500 61130000 CR Contin enc "000 0100 11001000 65050000 DR Building Mainl 1,000.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119 -13.3 12128/2018 DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Commissiorers'Court Nan -De artmen2l Minor Ac uisitions 5.169.18 Couvt 1ud a De artrnental Su ott 853.18 Count Jude MinorAcuisitions 1,566.00 MFUND Countv Jude Professional Services 2,750.00 DR/CR ACCOUNT NAME Increase Decrease 0100 1/000500 67050000 CR Appliances 5,169.18 0100 10000100 60500000 DR P ui ment& IT Enhancements 853.18 0100 10000100 67205000 DR Network Cost 1,566.00 0100 10000100 Commissioners' Court and Countv Sudee DR Profcssienal Fces - Other Reallocation of Ponds to die appropnate account to uperade the wireless link for the Brazos County pmiton that is housed at the TXDPS building. MAR"Pti41 �ti yG'�v'Y _a ':f ;II,rY'.N hbFn {Department p_ vol x �w^^? :, a*fs, Uk'jp4t C9t7nty'Jyud9e"APP_royal'=i"aR5%I«t*,'Date;,�.s T•�; Icor Acconntina FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 1/000500 67050000 CR Appliances 5,169.18 0100 10000100 60500000 DR P ui ment& IT Enhancements 853.18 0100 10000100 67205000 DR Network Cost 1,566.00 0100 10000100 72590000 DR Profcssienal Fces - Other 2,750.00 Vol. oZ f�ti, BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119 • 13.4 1 212 812 01 8 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Shenff Administration CSISD Sel..] See.My De arnrental Suppvrt 600.00 General Fund Sherilf Adminlstmfiou CSISD School Sccuri Contmctaal Services 600.00 FUND DIV ACCT DR/CR ACCOUNTNAME Increase Decrease 0100 28004000 61110000 CR Conference & Seminars 600.00 0100 28C04000 71502000 DR Rental - Facili 600.00 Sheriff Administration - CSISD School Security Reallocation of hinds to the appropriate account :o rent the shoodne range at I EEX. ;Department Approval r ,-e„ `'OateS1 �r/r/��.��.`��`O()��.,-�y♦TC��;i C6nnty Jadg'e�Approval For.,ACtounfifie "se�.Oii! . ;L e4.;il .. 'a4xk_ie uv uflR_1t. 1,w.a. `4 "J:pti z i..�� ``Y. .*may '-`4 FUND DIV ACCT DR/CR ACCOUNTNAME Increase Decrease 0100 28004000 61110000 CR Conference & Seminars 600.00 0100 28C04000 71502000 DR Rental - Facili 600.00 Vel:._�..r.. pal• �� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19/19 •13.5 1212812018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissionets'Cmm Nan -De amnental Ntimr Ac uisidens 9026.00 General Fund Other Financing Soames 9026.00 General Capital hnpmvement Fund Othcr Financing Sources 9.026.00 General Capital hnpmvement Fund. Capital Projects Capital Outlay 9026.00 ACCOUNTNAME Increase Decrease 1 0100 11000500 67281000 CR 8 ui ment-Electronic 9,026.00 0100 91110000 DR Transfer to Cap. Imp. Fnnd 9,026.001 4500 49023000 CR Tmnsfer from General Fwd 9,026.00 4500 67000500 80720000 DR &.urity & sym= 9.026.00 Commlmioners' Court and General Capital Improvement Fund Rcellocatiun of funds to the appropriate account w pumhase items for the Core Switch Modules. [Department Appioval �.v✓.� `+•xDate w4z r„r ,+.�,+?. County JuCge'Approval3zs:'6i9r,1eA1Date 'r #' �!E.',s_fy'! Far:AecGualia'P.ur-ses Oal'Esn'r]'..'urf:'s,:.ss,::'R�•ic^«s.L.n....we::tT"r,=,,.a...a,.r..�.i;ii..o,:a;.+I..T=Y.sxzd%S.'Ly:r"mJ>vAn .,�-3..4:; �:"a.,h7aFa.lA'C}._...�,.rr .'�^" FUND DIV ACCT DR/CR ACCOUNTNAME Increase Decrease 1 0100 11000500 67281000 CR 8 ui ment-Electronic 9,026.00 0100 91110000 DR Transfer to Cap. Imp. Fnnd 9,026.001 4500 49023000 CR Tmnsfer from General Fwd 9,026.00 4500 67000500 80720000 DR &.urity & sym= 9.026.00 \vol: Psi. 4 � .. s BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 16119 -13.6 1 212 812 01 8 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Associate Jude dl De amnenlal Support 1,080.00 General Food Associate Jude dl Professional Services 1,080.00 FUND General Fund Associate Jude 82 De artmenml Support 5,42200 General Fund Asspcime Jud eel Professional Services 5,422-00 0100 22600100 60500000 CR E ui ment& ITEnhanceinent 1,080.00 0100 226001000 72590000 DR Professional Fees - Other 1.080.00 0100 22800100 60500000 Associate Judge pl and Associate Jude N2 Equipment & IT Endrancement Reallocation of funds to the appropriate account to cover the professional fees for the Pa edess Catrr4 Pco eet Budget Amendment 111 allocated Ponds to the wrong account I£9ylr {Department APpro •.rnfi�i2R�t3IJ'tA�t County Judge Approval »R'�132.a "-f77r'k+Date'r <pi orslccE6ntin'"Pur sesON:..'va�oS"'&;dti :3trel}, f..M1a.,.i. ^;1 d, .�fi_`. .uNxi'S&`R' ;$$$6"s�Y^w.5"`v°vaY.:2,E ii'"'-al:,•.'r:. .„7�^-r .x .;_.eni FUND DIV ACCT DR/CR ACCOUNTNAME Increase Decrease 0100 22600100 60500000 CR E ui ment& ITEnhanceinent 1,080.00 0100 226001000 72590000 DR Professional Fees - Other 1.080.00 0100 22800100 60500000 CR Equipment & IT Endrancement 5,422.00 0100 22800100 72590000 DR Professionals Fees - Other 5422.00 Vol: _� P(j �O �� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18119 -13.7 12/28/2018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fuud Commissioners'Courl Non -De aArnental Re airs&Main. 4,020,00 General Fund Sheriff Adndnist,.6.n Repairs & Main. 4,020.00 FUND DIV ACCT DR/CR ACCOUNTNAME Increase Decrease 0100 11000500 65400000 CR Grounds Maintenance 4.020.00 0100 28000100 65,100000 DR Grounds Maintenance 4,020.00 Commissioners' Court and Sheriff Adminlstr.don Reallocation of funds to the appropriate account to add a flagpole in front ofthe Sheriff AdmiNstmtion Building. [Oeparlment ALjolla 4 n .� ' 'df,_,� =12281 t�" County Judge?Ap.prova_,__Aj 176 :i; ;Date Abe <„lk!3iy FUND DIV ACCT DR/CR ACCOUNTNAME Increase Decrease 0100 11000500 65400000 CR Grounds Maintenance 4.020.00 0100 28000100 65,100000 DR Grounds Maintenance 4,020.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18/19 -13.8 12/28/2018 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Geneml Capiml hnprovement Fund Capital Pro ecu Capital Outlay 1026462 Gencml Capital hnprovemenl Fund FUND Other Financing Sources ACCT 10.264.62 ACCOUNTNAME Geneml Fwd Decrease Other Financing Sources 63000500 10,264.62 CR Geneml Fund Commissioned Court Non -De anmenml Minor Acquisitions 4500 11,969.66 Geneml Fucd Sheriff Administration Nbnar Ac uisitions 6.222.87 Geneml Fund I SheriffAdminisntion Jail Minor Acquisitions 10264.62 9788.54 0100 General Fund Constable Pct kl Minor Acquisitions Esui mens-Odmr 6.222.87 11,969.66 0100 28000100 67281000 DR Equipment - Elecironic 1090.56 0100 28000100 67890000 DR Vehicles 5.132.31 0100 28002000 67281000 DR Equipment - Electronic 9,788.54 0100 30101100 1 67281000 DR E of mcnt-F.lcctronic 1,090.56 0100 30101100 67890000 DR Vehicles 5,132.31 General Ca ital Improvement Fund, Commissioners Court, Sheriff Adminlstr.doo, Jall and Constable Pct. p1 Reallocation of funds m the appropriate account to urehase the body camera equipment for the deputies and the a"I units. Dep-arbnent Approval 54r moi:+ {':,•Date.._C .�,J i�. .L .*:I Coon J. udae Approval �"'�i'a'%�Date"�iau"�".1 '9�1� NrAc&uihtin OnI YYMki ,.^.tf.:i FUND DIV ACCT DRICR ACCOUNTNAME Increase Decrease 4500 63000500 80890000 CR Vehicles 10264.62 4500 91300000 DR Transfer to Geneml Fund 10.264.62 0100 49015000 CR Tmmfer from in[ Ira . Fund 10264.62 0100 11000500 67286000 CR Esui mens-Odmr 11,969.66 0100 28000100 67281000 DR Equipment - Elecironic 1090.56 0100 28000100 67890000 DR Vehicles 5.132.31 0100 28002000 67281000 DR Equipment - Electronic 9,788.54 0100 30101100 1 67281000 DR E of mcnt-F.lcctronic 1,090.56 0100 30101100 67890000 DR Vehicles 5,132.31 p9. G PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: December 28, 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 oDistrict Clerk Bergeron, Joan Change of Status Facilities Services Johnston, Benjamin Separation Juvenile Services —Admin. Correa, Itzel E. Change of Status Ford, Kymeicko U. Employment Juvenile Services — Detention Blanco, Elizabeth N. Change of Status McCray, Stafon M. Change of Status Juvenile Services — State Aid Martinez, Robert L. Change of Status Sheriff's Office —Admin. Alford, Christian T. Change of Status Garvin, Tatum N. Change of Status Stine -Cheyne, Kelleen Change of Status Sheriff's Office — Detention Kamara, Oumaru M. Separation Neveu, Albert W. Change of Status Pace III, Lonnie L. Separation Reyes, Daniel R. Change of Status Approved in Commissioners' Court: December 28 2018 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) I vNi Pg.