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HomeMy WebLinkAbout2019-09-24 10:00AM REGULAR MEETINGBRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA ?019 SEP 20 P 1: 4 p BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON SEPTEMBER 24, 2019 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Judge Peters 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-37: 3. Proclamation 19-035 declaring October 2019 as National Domestic Violence Awareness Month. 4. Resolution 19-025 approving the FY 20 Budget of the Brazos County Emergency Communications District; and providing an effective date. 5. Designation of the day of the week and location for Commissioners Court to convene into Regular Session each week during FY 2020. 6. Proposed county holidays for the 2020 calendar year. 7. Appointment of Arthur J. Gallagher & Co., Inc. & All Risks, Ltd. as exclusive insurance broker with respect to Professional Medical Liability Insurance Programs for employees associated with the Health and Wellness Clinic. 8. Approval of the Following Job Descriptions FY 19: • a. Temp Clerk (1040 Hours) Archival Fund (Class Code 1719, Position 1) for District Clerk • b. Deputy Constable (Class Code 1617) Constable Precinct 2 * c. Constable (Class Code 1614) Constable Precinct 2 • d. Chief Deputy Constable (Class Code 1618) Constable Precinct 2 • e. Administrative Assistant (Class Code 1605) for Constable Precinct 2 9. Approval of the Following Job Descriptions FY 20: • a. Administrative Specialist (Class Code 0223) for County Judge • b. Assistant District Attorney I (Class Code 415) for District Attorney • c. Audio Visual Specialist (Class Code 1235) for Information Technology • d. Court Reporter (Class Code 2513) for 85th District Court • e. Crime Analyst (Class Code 1418) for Sherriff's Office • f. Special Projects Administrator (Class Code 0224) for County Judge • g. Scanner Clerk (Class Code 8109) for Records Management • h. Shop Foreman (Class Code 2609) for Fleet Services 10. Acceptance of donated or unclaimed property left by inmates leaving the Brazos County Jail. 11. Requesting approval of the NRA Grant Application for Pct. 3. 12. Request from Road and Bridge for payment authorization in the amount of $380.00 to Mitchell & Morgan LLP for refund of plat review fees. Per current Brazos County Subdivision Regulations, the development is exempt from plat review/fees process. 13. Approval of the following Community Support Contracts for FY 2020: • a. Brazos Valley Council of Governments for Indigent Health Care • b. District 2 Volunteer Fire Department, Inc. • c. Easter Seals Greater Houston • d. Health ForAll, Inc. 14. Approval of TCDRS Plan Agreement for FY 20 15. Approval of the medical and dental premiums along with the effective dates for FY 20 16. Approval to renew the I LA (previously approved by the Court in July of 2018) with the City of Bryan to provide Tactical Paramedic Support to the Brazos County Sheriff's Office SWAT team. 17. Calendar Year 2020 Worker's Compensation Renewal 18. Approval of the Transfer Agreement with Brazos Valley Museum of Natural History for the full-size replica of a "Twin Sisters" Cannon currently on display at Boonville Heritage Park. 19. Change Order to Purchase Order#19000691 to Sam Pack Five Star Ford from $413,742.00 to $453,010.32. Price increase was due to the vehicle year model moved from 2019 to 2020. 20. Extension of Contract # 19-001 R for Legal Representation of Indigent Juvenile with Gendron & Thibodeaux for 30 days. 21. Approval of Service Contract 19-148 for Fuel with Fikes Wholesale, Inc. Original RFP from TAMU, RFP 19-0024. 22. Approval of contract #CI P 19-629 2019 November Election with Texas Voting System, Inc. in the amount of $35,000.00. 23. Approval of contract #20-058 Copier Maintenance Agreement with Xerox Business Solutions Southwest in the amount of $24,528.00. 24. Renewal of Contract #20-065R for Prisoner Transport Services with US Corrections, LLC. 25. Intergovernmental cooperative purchasing agreement with OMNIA, formerly U.S. Communities and National IPA. Val. O pg._ 26. Approval of Indian Lakes Subdivision Phase XXXII (32), Block 43, Lots 1-13 and Common Area; 33.798 Acres; J.M Barrera Survey, A-69; ETJ City of College Station; Brazos County, Texas. Site is located in Precinct 1. 27. Request permission to enter private property owned by Cynthia Ann Hodges on Wilson Pasture Road. County will clear brush along curve for better site distance. Site is located in Precinct 2. 28. Consider and take action on the Hawkwood Energy, LLC utility permit to install a temporary 8" Polyurethane water line within and along the right-of-way of Goodson Bend Road a distance of 3,757 feet. Project will provide water to an oil well. Site is located in Precinct 4. 29. Approval of the Strong Surveying, LLC cost estimate for topography and boundary surveying on Ferrill Creek Road in the amount of $64,875.00. 30. Approval of the July 2019 Treasurer's Report. 31. Expenditure Journal Entries • FY18/19 090149 - 090150 32. Tax Refund Applications for the following: • a. Bonita Mable Newman - Overpayment $70.46 33. Budget Amendments. Budget Amendments FY 18/19 34. Personnel Change of Status. Personnel Action Forms FY 19 Personnel Action Forms FY 20 35. Payment of Claims. 36. Convene into the following Executive Sessions: • a. Pursuant to Texas Government Code §551.0785 for deliberations involving medical or psychiatric records of a county employee. • b. Pursuant to Texas Government Code §551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. • c.Pursuant to Texas Government Code §551.072 to deliberate the purchase, exchange, lease, or value of real property. • d. Pursuant to Texas Government Code §551.0725 to deliberate business and financial issues related to a contract being negotiated. 37. Consider and possible action on Executive Sessions 38. Acknowledgement of monthly reports submitted in September. 39. Juvenile Director's report on detention population. 40. Sheriff's report on inmate population 41. Announcement of interest items and possible future agenda topics. 42. Call for Citizen input and/or concerns 43. Adjourn. vot. �_ gig. I 3 i , , PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1, cancellation of a speaker's time; 2. removal from the Commissioners Court; 3, a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. MINUTES SEPTEMBER 24, 2019 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, September 24, 2019 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, Absent; Nancy Berry, Commissioner of Precinct 3; 1 rma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Judge Peters 2. Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items 3-37: 3. Proclamation 19-035 declaring October 2019 as National Domestic Violence Awareness Month. \101. 30C-) Pg. ias The Court approved Proclamation 19-035 declaring October 2019 as National Domestic Violence Awareness Month. The County Judge read aloud the proclamation and presented it to Kaisha Baughman with the County Attorneys Office. Ms. Baughman thanked the Court for their support. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 4. Resolution 19-025 approving the FY 20 Budget of the Brazos County Emergency Communications District; and providing an effective date. The Court voted unanimously to adopt Resolution 19-025 approving the FY 2019-2020 Budget of the Brazos County Emergency Communications District effective immediately. A copy of the resolution is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 5. Designation of the day of the week and location for Commissioners Court to convene into Regular Session each week during FY 2020. The Court voted unanimously to designate Tuesday at 10:00 a.m. as the regular meeting of the Commissioners Court. The meeting will take place at 200 South Texas Avenue, Suite 106, Bryan, Texas 77803. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 6. Proposed county holidays for the 2020 calendar year. Judge Peters explained that the floating holiday has been eliminated and an extra day has been added to the Christmas holiday. The Court approved as submitted the following holidays for 2020: Wednesday, January 1, 2020 - New Years Day Monday, January 20, 2020 - Martin Luther King, Jr. Holiday Friday, April 10, 2020 - Good Friday Monday, May 25, 2020 - Memorial Day Friday, July 3, 2020 - Independence Day Monday, September 7, 2020 - Labor Day Thursday & Friday, November 26 & 27, 2020 - Thanksgiving Thursday, Friday and Monday, December 24, 25 & 28, 2020 - Christmas Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 7. Appointment of Arthur J. Gallagher & Co., Inc. & All Risks, Ltd. as exclusive insurance broker with respect to Professional Medical Liability Insurance Programs for employees associated with the Health and Wellness Clinic. A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 8. Approval of the Following Job Descriptions FY 19: • a. Temp Clerk (1040 Hours) Archival Fund (Class Code 1719, Position 1) for District Clerk • b. Deputy Constable (Class Code 1617) Constable Precinct 2 • c. Constable (Class Code 1614) Constable Precinct 2 • d. Chief Deputy Constable (Class Code 1618) Constable Precinct 2 • e. Administrative Assistant (Class Code 1605) for Constable Precinct 2 Judge Peters noted that Job Descriptions (b) through (e) will be pulled. Commissioner Berry made a motion to approve Job Description (a), seconded by Commissioner Cauley and passed unanimously. A copy of the job description is attached. Motion: Approve w/ Conditions, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 9. Approval of the Following Job Descriptions FY20: • a. Administrative Specialist (Class Code 0223) for County Judge • b. Assistant District Attorney I (Class Code 415) for District Attorney • c. Audio Visual Specialist (Class Code 1235) for Information Technology • d. Court Reporter (Class Code 2513) for 85th District Court • e. Crime Analyst (Class Code 1418) for Sheriff's Office • f. Special Projects Administrator (Class Code 0224) for County Judge • g. Scanner Clerk (Class Code 8109) for Records Management • h. Shop Foreman (Class Code 2609) for Fleet Services A copy of the job descriptions is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 10. Acceptance of donated or unclaimed property left by inmates leaving the Brazos County Jail. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 11. Requesting approval of the NRA Grant Application for Pct. 3. V0 I. 2�OD pg. is A copy of the application is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 12. Request from Road and Bridge for payment authorization in the amount of $380.00 to Mitchell & Morgan LLP for refund of plat review fees. Per current Brazos County Subdivision Regulations, the development is exempt from plat review/fees process. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 13. Approval of the following Community Support Contracts for FY 2020: • a. Brazos Valley Council of Governments for Indigent Health Care • b. District 2 Volunteer Fire Department, Inc. • c. Easter Seals Greater Houston • d. Health ForAll, Inc. A copy of each contract is attached. Motion: Approve, Moved .by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 14. Approval of TCDRS Plan Agreement for FY 20 A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 15. Approval of the medical and dental premiums along with the effective dates for FY 20 The effective date for the medical and dental premiums is January 1, 2020. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 16. Approval to renew the ILA (previously approved by the Courtin July of 2018) with the City of Bryan to provide Tactical Paramedic Support to the Brazos County Sheriff's Office SWAT team. A copy of the interlocal agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 17. Calendar Year 2020 Worker's Compensation Renewal A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 18. Approval of the Transfer Agreement with Brazos Valley Museum of Natural History for the full-size replica of a "Twin Sisters" Cannon currently on display at Boonville Heritage Park. Civil Counsel Ed Bull explained that the cannon had previously been accepted as a donation, but it is required to wait a certain number of years before being legally transferred. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 19. Change Order to Purchase Order#19000691 to Sam Pack Five Star Ford from $413,742.00 to $453,010.32. Price increase was due to the vehicle year model moved from 2019 to 2020. A copy of the change order is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 20. Extension of Contract # 19-001R for Legal Representation of Indigent Juvenile with Gendron & Thibodeaux for 30 days. A copy of the extension of contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 21. Approval of Service Contract 19-148 for Fuel with Fikes Wholesale, Inc. Original RFP from TAMU, RFP 19-0024. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 22. Approval of contract #CI P 19-629 2019 November Election with Texas Voting System, Inc. in the amount of $35,000.00. A copy of the contract is attached. Vol. -3co— pgd4— Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 23. Approval of contract #20-058 Copier Maintenance Agreement with Xerox Business Solutions Southwest in the amount of $24,528.00. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 24. Renewal of Contract #20-065R for Prisoner Transport Services with US Corrections, LLC. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 25. Intergovernmental cooperative purchasing agreement with OMNIA, formerly U.S. Communities and National IPA. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalerna. 26. Approval of I ndian Lakes Subdivision Phase XXXI 1 (32), Block 43, Lots 1-13 and Common Area; 33.798 Acres; J.M Barrera Survey, A-69; ETJ City of College Station; Brazos County, Texas. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 27. Request permission to enter private property owned by Cynthia Ann Hodges on Wilson Pasture Road. County will clear brush along curve for better site distance. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 28. Consider and take action on the Hawkwood Energy, LLC utility permit to install a temporary 8" Polyurethane water line within and along the right-of-way of Goodson Bend Road a distance of 3,757 feet. Project will provide water to an oil well. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 29. Approval of the Strong Surveying, LLC cost estimate for topography and boundary surveying on Ferrill Creek Road in the amount of $64,875.00. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 30. Approval of the July 2019 Treasurer's Report. The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for July 2019. A copy is attached and made a part of these minutes. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 31. Expenditure Journal Entries • FY18/19 090149 - 090150 A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 32. Tax Refund Applications for the following: • a. Bonita Mable Newman -Overpayment $70.46 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 33. Budget Amendments. Budget Amendments FY 18/19 Commissioner Aldrich asked if Budget Amendment 51.2 is correct. He said it looks like the information from 51.1 was mistakenly listed on 51.2. Budget Officer Irene Jett stated that a correction would be made to Budget Amendment 51.2 and that 210,000 should not be on there. 51.1 Reallocate funds for the Sheriff's Office -Jail. 51.2 Reallocate funds for the Road and Bridge Department. 51.3 Reallocate funds for Court Support - Civil. Vol. PgJ3 51.4 Transfer funds from Non -Departmental to Information Technology. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 34. Personnel Change of Status. Personnel Action Forms FY 19 A copy of the FY 2019 Personnel Change of Status requests is attached. Personnel Action Forms FY 20 A copy of the FY 2020 Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 35. Payment of Claims. Claims 8019132 — 8019343 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 36. Convene into the following Executive Sessions: • a. Pursuant to Texas Government Code §551.0785 for deliberations involving medical or psychiatric records of a county employee. • b. Pursuant to Texas Government Code §551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. • c.Pursuant to Texas Government Code §551.072 to deliberate the purchase, exchange, lease, or value of real property. • d. Pursuant to Texas Government Code §551.0725 to deliberate business and financial issues related to a contract being negotiated. The County Judge stated the Court would consider items 38 - 42 and then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:23 a.m. the County Judge stated that the Court would convene into Executive Session Session to (a) discuss or deliberate medical or psychiatric records of a county employee pursuant to Section 551.0785; (b) consult with an attorney about pending or contemplated litigation and/or settlement offer pursuant to Texas Government Code 551.071; (c) deliberate the purchase, exchange, lease, or value of real property pursuant to Texas Government Code 551.072 and (d) deliberate business and financial issues related to a contract being negotiated pursuant to Texas Government Code 551.0725. At this point Civil Counsel Ed Bull stated that Executive Session (b) was not needed, but Vol. Pg.13a submitted a written determination for Executive Session (d). On motion by Commissioner Berry, seconded by Commissioner Aldrich the Court voted unanimously to meet in Executive session per Ed Bull's recommendation. The County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss the previously noted items. The following individuals were asked to stay for meeting (a): Candy Gallego, Executive Assistant Bruce Erratt, Civil Counsel Ed Bull, Civil Counsel Jennifer Salazar, Human Resources Director The following individuals were asked to stay for the meeting (c) and (d): Candy Gallego, Executive Assistant Bruce Erratt, Civil Counsel Ed Bull, Civil Counsel Irene Jett, Budget Officer Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 37. Consider and possible action on Executive Sessions At 10:51 a.m. the County Judge announced the meeting open to the public and stated that the Court would now take action on Closed Executive Session (a). On motion by Commissioner Cauley, seconded by Commissioner Berry, the Court voted unanimously to approve a specific procedure for a certain Brazos County employee. Judge Peters then announced that no action would be taken on Closed Executive Sessions (c) and (d). Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Peters. Absent: Catalena. 38. Acknowledgement of monthly reports submitted in September. The Court acknowledged receipt of the Extension Service reports submitted in September 2019 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2 Justice of the Peace Precinct 4 Constable Precinct 1 ��. voa.3oo 1� Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Veterans Services Absent: Catalena. 39. Juvenile Director's report on detention population. Juvenile Director Linda Ricketson reported there are 28 juveniles in the detention center, 23 are male and 5 are female, and 29 have electronic monitors. Absent: Catalena. 40. Sheriff's report on inmate population Sheriff Chris Kirk stated there were 658 inmates in jail, 576 inmates are male and 83 are female, 65 have electronic monitors and 15 are pending for monitors. Absent: Catalena. 41. Announcement of interest items and possible future agenda topics. There were no announcements. Absent: Catalena. 42. Call for Citizen input and/or concerns There was no citizen's input. Absent: Catalena. 43. Adjourn. Vol. 3co Pg.13�1 Qr: Every day, more men, women, and children are victimized by domestic violence; and QW;w Domestic violence is indifferent to its victims, affecting members of society without regard to gender, age, ethnicity, sexual orientation, race, religion, or socio-economic status; and feexwb: Domestic violence strikes at the very heart of an individual's privacy, dignity, security, and humanity due to systematic use of physical, emotional, sexual, psychological, and economic control and/or abuse; and 4- The effects of domestic violence are not only felt by the victim but across our community here in Bryan -College Station and society as a whole. It is up to us, as a community, to educate ourselves about the causes of domestic violence; to become involved with the prevention of domestic violence, and the treatment of its victims; to demand an end to domestic violence;.and to remember those who have been victimized by this abhorrent crime. �, 4fexOm 1, Duane Peters, Brazos County Judge, do hereby proclaim October 2019 as National Domestic Violence Awareness Month in Brazos County, and urge all citizens to work toward improving victim safety and hold perpetrators of domestic violence accountable for their actions against individual victims and our society as a whole. C 0, s, Texas Duane Peters, County Judge The foregoing minutes of the Commissioners Court Meeting held September 24, 2019 have been examined and are approved in open Court this 15th day of October 2019, in Bryan, Brazos County, Texas. 1; :) - Duane Peters County Judge Sammy atalena Commissioner, Precinct 2 Irma Cauley Commissioner, Precinct 4 Attest: I "Fli Queen Steve Aldrich Commissioner, Precinct 1 Commissioner, Precinct 3 E e 3�0 Pg.l?�C� 1 053 MY •7•YK• COMMISSIONER'S COURT 44APAY OF 5'20/? 1011too Am*�(-5 f =� . -,- Name Organization Meg j -ies Pg / of.R-- CA . , r� c �� ( 6) � (,//-, -.., nY LJilIV Vol.U u 300 _x9.137 Pgo2 of - BRAZOS COUNTY COMMISSIONER'S COURT a O -DAY OF /D:0D Name 20 19 M, Organization (PLEASE PRINT) - Mm • �jL X,( I 'P (, 2 . Vol. 3C'7 pg. 33B RESOLUTION NO. 19-025 A RESOLUTION APPROVING THE BUDGET OF THE BRAZOS COUNTY EMERGENCY COMMUNICATIONS DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the laws of the State of Texas provided for interlocal governmental agreements to benefit the citizens of the State; and, WHEREAS, the voters of Brazos County have approved the establishment of the Brazos County Emergency Communications District in accordance with State law; and, WHEREAS, the Board of Managers of the District have approved the Budget for fiscal year 2019-2020; and, WHEREAS, Section 772.309 of the Health and Safety Code requires the approval of the District's budget by the Commissioners Court of the County located in the District and a majority of the participating jurisdictions in the District; and, WHEREAS, the undersigned authorities have, in public meeting, approved the annual budget of the District as submitted to them; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONER'S COURT OF BRAZOS COUNTY, TEXAS THAT: 1. The Commissioner's Court of Brazos County, Texas hereby approves the annual budget of the District as submitted to them and as provided for by law. 2. A copy of the budget is attached hereto as Exhibit "A" and incorporated herein by this reference for all purposes. 3. This Resolution shall be effective immediately upon its adoption and passage. ADOPTED AND PASSED by affirmative vote thisg*day of &w 2019. BY: Duane Peters,' County Judge ATTEST: Karen McQue n Vol. P9:13�1 BRAZOS COUNTY BRYAN, TEXAS DATE: September 24, 2019 TO: Kinsale Insurance FROM: Brazos County SUBJECT: Broker of Record This confirms that as of this date, September 24, 2019, Brazos County has appointed Arthur J. Gallagher & Co., Inc. & All Risks, Ltd. as our exclusive insurance broker with respect to Professional Medical Liability Insurance Programs that we obtain forthose employees associated with our Health and Wellness Clinic. This Appointment of Arthur J. Gallagher & Co., Inc. & All Risks, Ltd. rescinds all previous appointments, and the authority contained herein shall remain in full force and effect until October 1, 2021 or until canceled earlier in writing. Arthur J. Gallagher & Co., Inc. & All Risks, Ltd. is hereby authorized to service and negotiate with any interested company with respect to changes in existing insurance policies and in closing, changing, increasing or canceling insurance carried under temporary binders or cover notes. We understand, however, that Arthur J. Gallagher & Co., Inc. & All Risks, Ltd. will not share responsibility for any deficiencies in the insurance program to which this letter applies, until they have had a reasonable opportunity to make a review and to provide us with their recommendations. This letter also constitutes your authority to furnish Arthur J. Gallagher & Co., Inc. & All Risks, Ltd.'s representatives with all the information they may request as it pertains to our insurance contracts, rates, rating schedules, surveys, reserves, retentions and all financial data they may wish to obtain for their study of our present and future requirements in connection with the insurance program to which this letter applies. A photo copy of this letter shall be -regarded with the same force and effect as the original. Duane Peters, County Judge Date Vol. 00 Pg. �., A E p.1.1. V05.1 RECEIVED F N Brazos County rylateRe Won 1.20811612012 i Job Description SEP 1 2019 O'Vpr e�P Last Updated: September 2018 BRAZOS COUNTY HUMAN RESOURCE DePT, Class Number: 1719 Title: Clk, Temp. 1040hrs Pay Group: 07 Department: District Clerk, Archival Fund FLSA Status: Non Exempt Reports To: Supervisor & District Clerk Approved Date: 10/01/2018 EEOC Category: Office and Clerical Position End Date: 09/30/2019 Temporary Employee l `_J u S 1 Signature: General Summary: Scans documents into the imaging system. Essential Duties: Scan both active and disposed paperwork and files. File documents and files after scanning. Assist the public and other employees, as needed or requested, with records search which may include microfilm search and making of copies. Assist other employees, as needed or requested, with answering telephone calls, answering questions, and directing to proper person according to office procedures. Perform all other duties assigned with fall within the general scope and ability level of the job. Other Duties as assigned. requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable Supervision accommodations may be made to enable individuals with disabilities to perform the essential functions. Received: From Supervisor and District Clerk Given: This is a non -supervisory position. Education Required: High school graduation or its equivalent. Preferred: Experience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: Certificates, Licenses, Registrations Required: None. Preferred: Physical Demands Vol. 30b Pg. IYI Typical' The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required by this job include close vision, distance vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Operate computers, including spreadsheet and word processing software; read and Interpret manuals and memos; perform basic mathematical calculations; write letters, memos, and telephone messages; manage time effectively; understand and follow instructions; operate standard office equipment, such as copy machine and facsimile machine; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers and the general public. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee Is constantly required to work closely with other as a part of a team. The employee is frequently required to perform tedious and exacting work; to perform multiple tasks simultaneously; to switch from one task to another, and to work under time pressures to meet deadlines. Iz4 Duane Peters Date County Judge .1 V01. -a-JD-� PgA`4z 1 -:- f--) - P 9 - Class No: 415 Department: District Attorney FLSA Status: Exempt Pay Group: 27 Approved Date: Salary: $64,000 - $70,000 DOQ Brazos County Job Description SEP 12 2019 BRAZOS COUNTY HUMAN RESOURCE DEPT. Job Title: Assistant District Attorney I Reports To: District Attorney EEOC Category: Professionals Prepared/Rev. Date: August 13, 2016 SUMMARY Prepares for and takes to trial assigned cases; performs new case intake and screening, including determining type of indictment, gathering evidence, conferring with witnesses and law enforcement officials, and preparing subpoenas; requests assistance from investigators assigned to cases; prepares for and attends arraignments, grand juries, pre-trial hearings, and revocation hearings; makes plea bargain offers to defendants; and prepares paperwork required for court proceedings. This is a position that periodically rotates through all office divisions, including trial court, intake, appellate and juvenile. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Prepares and presents assigned cases to Grand Jury for indictment; Prosecutes felony criminal cases before juries and District Courts, including preparation of instructions and papers; Handles all pretrial matters in cases, including appearing at all arraignments for assigned cases, prosecuting applications for denial or reduction of bail, filing witness list for trials, filing all notices required by law, negotiating plea bargain offers with the defense attorney, providing defense attorneys with all discovery required by law, and prosecuting all examining trials and applications for dismissal; Answers all pretrial motions, motions to suppress, and challenges to the constitutionality of statutes under which the defendant is prosecuted; Leads case investigations, including reviewing police reports and statements of witnesses, determining if an offense was committed and the grade of the offense, determining needs for further investigation, and making requests to investigator; Prepares assigned cases for bench or jury trial, including drafting motions, preparing writs, drafting witness questions, preparing charts, diagrams, and exhibits for the trial of the case, and preparing opening and closing statements; Performs investigative functions, including locating and interviewing victims and essential Vol. C-�w Pg. `q3 Class No. 415 (continued) witnesses, preparing the witnesses to testify, and obtaining information by subpoenas and warrants; Performs legal research regarding the offense and issues surrounding a case, including preparing memoranda for the court on legal issues that arise in the course of a trial; Performs responsibilities related to Grand Jury, including preparing indictments, presenting cases, meeting Grand Jury's requests for further investigation or witnesses' testimony, and processing the judgments; Prepares orders for the trial court on pretrial matters, such as suggested findings of fact and conclusions of law; Requests subpoenas for witnesses, records, and evidence for Grand Juries, pretrial hearings, and trials; Makes applications for bench warrants for witnesses incarcerated out of the county; Performs post -trial procedures, such as answering motions for new trial, arguing cases on a motion for new trial, and interviewing jurors on issues of jury misconduct; Researches and writes appellate briefs; Reviews probation revocation issues with Adult Probation office staff; and Reviews docket with court staff. QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE Requires juris doctor degree, or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. KNOWLEDGE OF Criminal law and procedure; constitutional law; prosecution of felony criminal cases; legal research and writing; persuasive speaking techniques; and personal computers. SKILL/ABILITY TO Perform legal research and writing; instruct others in the law and facts of a case; present 2 Class No. 415 (continued) facts of a case clearly to judges and juries; make convincing oral arguments; operate computers, especially to perform word processing functions; organize many details of cases; communicate effectively, both in person and over the phone; and maintain effective working relationships with other prosecutors, defense attorneys, and judges. CERTIFICATES, LICENSES, REGISTRATIONS State of Texas law license. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee frequently is required to stand and walk. The employee must occasionally lift and/or move objects weighing up to 20 pounds, such as files, stacks of records, or other similar objects. Specific vision abilities required by this job include close vision, and ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is constantly required to work under time pressure to complete tasks, to perform multiple tasks simultaneously, to work closely with others as a part of a team, to switch from one task to another, to perform tedious and exacting work, and to work overtime and/or an irregular schedule. The noise level in the work environment is usually moderate, however, occasionally it may be loud. V, 01. p g. _Lq5 19P g Tor0da Rarislm 120WISM12 Class Number: 11235 Title: Audio Video Specialist Pay Group: 1122 Department: Brazos County FLSA Status: Exempt Job Description OF�'`a Last Updated: os/o8/2019 19P g Tor0da Rarislm 120WISM12 Class Number: 11235 Title: Audio Video Specialist Pay Group: 1122 Department: Information Technology FLSA Status: Exempt Reports To: Services Manager Approved Date: EEOC Category: Professionals -' General Summ Responsible fordommenthg, installing, operating, and maintaining systemsused to capture, playback, display, or otherwise exhlblaudb, video, photos, slideshows, presentations orothermedia In courtrooms, patrol vehicles, IPskuvellance cameras, videoconferencing and remote magistratfonsystems, court docketandinformallon displays, and integration ofvideo Into access control systems. Essential Dutled:- Will Install, Integrate, operate, monitor, adjust; repalrand mai ntaln audio, video, and presentation eq uipment io regulate soundvolume an d ensure quality video capture and playback; calibrate equipment to specified pedartrancelavefs; monitoran d optimize video storage space usage, and assist departments to develop and ad hereto'apprapdale retention schedul es; assist departmentswith video p=osing and preparation forpresentation or playback; assistwlth creation andfknall-Boner Ms. DVDs. and other storage anddistribihon media; assstwith the creation, setup, and pragrammingof LED, flat panel, and otherdVdal signage displays; assist with video on conferencing systems, webcams, Skype, and mobile devices; make reconunandationsforsystem expansion and/orccnsolidatbn, Design, Install,and mainageAVprojekxsand construction projects as needed. Systems sup ported include Crestion; Patyeom.OnSSI; IdentivVelocity, and Arbitrator. Other Duties'as assia ned Supervision Received: General Instruction, task assignment and prloritaatlon, and periodic employee perbrmanceevalU ons. Given: This Is anon-supervisorypositlon. Education Required: BA ar8SInComputerScience,CompEngr..MISorrelatedfieldoranyequhdentcombinationofeducatbn and experience which provides the required knowledge, skills, andabil itles. Preferred: MS In Computer Engineering, Computer Science. M S, or related Field. Experience Required: Two years of experience In Integration, operation, and sup pod ofaudio/vidsosystem. Preferred: Five years of experience in Integration,operation, support ofsudiolvideosystems, and ageneral understendingof networking. Certificates, Licenses, Registrations Required: None Preferred: Network+Certified Professional, Microse" Cerli ied Professional Ph sical Dernands Typical: The physical demands described ham are representative ofthosethatmustbemetbyanemployeato successkilly perform the essenialfundiors of this jo a Reasonable accammodationsmay be made to enable individuals with disabliltles to perform the essential runclions. While performing the dutiesof this job, the employee is regularly required to sit; use hands to type; reach with hands and arms; and talk and hear.Tha employee frequentlyis required to stand and walk The empioysemustoepsionallylif andfor move objects weighing up to 40pounds,such as computers, printers, stacks of records, or other similar objects. Specific vision abilities required by this Job include dose vislon, and abllltyto ad just locus. Knowledge, Skills, & Abilities Vol. Pg. �, Typical; Able to ap p IyJWdiWV(deo design principles Ina heterogeneous environment. Must be able to docurnent systems cleadyand thoroughly. Work Environment Typical. Theworkenvironmentcharacteristicsdescribedherearerepresentativeofthawanempioyeeeneounters whileperforming theessenUalfunWonsofthlslob..ReasonableaccommodaUonsmay be made to enable Individuals with disabli iesloperformtheessentialfunctions.Thenclselevelintheworkenvironmenlisusually moderate, but may be noisy ordistracling. The employed Is required to perform multiple tasks simultaneously ".and to perfarmledlous and exacting work. The employeemay be required to work closelywith otherses pertof e team or perform required fob functions remotely; to work undertime pressures to meet deadl Ines, and to work In emergency situations. ate Duane peters County Judge Vol. pg, '��}% S Op T Brazos County RECEIVED Template Revision 1205-11-17 • t Job Description hof e�°goy Last Updated: May 2019 MAY Y O Class Number: 2513 Title: Court Reporter 85th DC Pay Group: 27 Department: District Court FLSA Status: Non Exempt Reports To: District Judge Approved Date: EEOC Category: Office and Clerical General Summary: Records and accurately transcribes all court proceedings. Essential Duties: Attends all sessions of the assigned district court and makes full record of evidence, objections, rulings, voir dire of jury duty, and arguments; Takes full shorthand notes (by machine) of closing arguments, if requested to do so by the attorney of a party to the case, including objections to the arguments, court rulings and remarks on the objections, and exceptions to the rulings; Takes full shorthand notes (by machine) of oral testimony offered before the court, including objections made to the admissibility of evidence, court rulings and remarks on the objections, and exceptions to the rulings; Preserves all shorthand notes pursuant to Texas Rules of Appellate Procedure and the Texas Government Code and prepares accurate transcripts of court proceedings for appeals or future court use as requested; Marks and files with the District Clerk exhibits introduced into evidence during trials or hearings. Locates and reads testimony adduced in court for court or jury assistance; Prepares appeals; Prepares monthly reports to Appeals Courts; May conduct deposition of witnesses, receive, execute, and return commissions, and make a certificate of the proceedings in any county that is included in the judicial district of the court; May prepare jury charges in civil cases; May call court to order in absence of Bailiff; May perform secretarial services which assist in the administrative functions of the court. May assist jury in absence of bailiff. Other Duties as assigned. Su envision Received: From District Judge Given: This is a non -supervisory position. Education Required: High school graduation or its equivalent, graduation from court reporting school or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: Experience Required: At least two years of experience. Preferred: va. 3cD P9.1�- _ Certificates, Licenses, Registrations The physical demands described here are representative of those that must be met by an employee to Required: Certification as a Certified Shorthand Reporter by the Supreme Court of Texas (V.T.C.A., Government Code, Sec. 52023). Preferred: employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and -Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Thorough knowledge of hand or machine shorthand theory. and ability to meet standards established for certification as a Certified Shorthand Reporter through the Supreme Court of Texas; knowledge of correct English and spelling, vocabulary, including legal and medical terminology, and general knowledge of Texas law, and Texas court policies and procedures. Meet standards established for certification as a Certified Shorthand Reporter through the Supreme Court of Texas (180-225 words per minute depending upon nature of dictation, scoring at least 95 percent accuracy on this portion of the certification exam); perform real time transcription; type accurately at a minimum speed of 55 minutes per minute; understand and follow Instructions; work under pressure to meet deadlines; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers and the general public. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team to perform tedious, exacting work, and required to work under time pressures to meet deadlines. The employee is frequently required to perform multiple tasks simultaneously. RO �T Duane Peters 15atei County Judge Vof. SCO Pg. F n Brazos County y Job Description O�Qa�� Last Updated: 09/2019 F RECEIVED Template Revision 1.2 0811512012 SEP 181019 Class Number: 1418 Title: Crime Analyst Pay Group: 18-1 Department: Sheriffs Office FLSA Status: Non Exempt Reports To: Chief Deputy Sheriff Approved Date: • Conducts background research on possible suspects with various State, County, and Federal agencies; utilizes various data bases to EEOC Category: Professionals General Summary: Under general supervision, collects, reviews, and analyzes crime reporting information; interprets pattems and trends. Disseminates information as needed to assist supervisors in making appropriate personnel allocations and decisions to address crime problems in a timely manner. Performs professional work that is somewhat challenging and varied in nature within general guidelines. Involves some originality and interpretations; situations outside parameters referred to management for clarification. Essential Duties: The intent of this job description is to provide a representative summary of the major duties and responsibilities performed by incumbents of this job. Incumbents may be requested to perform job-related tasks other than those specifically presented in this description. • Performs a variety of crime analysis activities; reads, interprets, and summarizes offense and crime reports and field interview cards to obtain information about crimes committed. • Organizes summarized information into clear and concise reports; develops and prepares charts, graphs, maps, bulletins, and related materials in order to track and present findings related to criminal activity. • Communicates and exchanges criminal activity reports, trends, and patterns to various division heads and administrators. • Conducts background research on possible suspects with various State, County, and Federal agencies; utilizes various data bases to research information. • Determines criminal association and pattems of criminal activity relating to specific offenders or groups of offenders. Conducts background research on suspects or criminals; collects, compiles, and analyzes intelligence data obtained from various sources, including jail staff and inmates; and maintains records and intelligence files on certain repeat criminal offenders to recognize modus operandi. • Serves on a variety of boards and committees. Prepares and presents multiple administrative reports and other necessary correspondence. • Develops and produces crime maps using geographic information system applications. Conducts spatial analysis of crime data, prepares a variety of mapping products; prepares and presents a variety of charts, graphs, and reports. • Interacts and communicates with Law Enforcement personnel, other County employees, and the community on crime analysistresearch issues; and responds to ad-hoc requests for data information and various reports. • Maintains awareness of new developments in the field of crime analysis and incorporates new developments as needed into programs. • Adheres to assigned work schedule as outlined in the Sheriffs Office and County attendance policies and procedures and ensures all behaviors comply with the County's Personnel Rules and Regulations. Other Duties as assigned Su erVision Received: Given: This is a non -supervisory position. Education - Required: HS diploma plus 6-8 years directly related experience; OR any equivalent combination of education, experience, and training which provides the required knowledge, skills, and abilities to perform the job. Preferred' Bachelor's in Business Administration or appropriate specialized field of study plus 2-4 years directly related experience; OR Associates plus 4-6 years directly related experience; OR HS diploma plus 6-8 years directly related experience; OR any equivalent combination of education, experience, and training which provides the required knowledge, skills, and abilities to perform the job. -Experience Required' Minimum of 2years experience in data collection, Interpretation, analysis, and dissemination, as well as knowledge of principles, practices, methodologies, and techniques of crime analysis, crime prevention, law enforcement and police records processing. Preferred: Certificates, Licenses, Re istrations Required: Texas Class C driver's license with a good driving record as measured by the County's evaluation system. Preferred: -Physical Demands Typical: Physical demands include but are not limited to: Sitting, talking, hearing, seeing, standing, walking, driving; use of hands and fingers to operate office equipment and machines; and occasionally lifting and/or moving objects up to and including 25 pounds. Knowledge, Skills, & Abilities Typical: Knowledge of: D Operations, services and activities of a crime analysis program. Principles of data collection and analysis. D Recent developments, current literature and information related to crime analysis. ➢ Principles, practices, methodologies, and techniques of crime analysis, crime prevention, law enforcement and police records processing. D Methods and techniques used to prepare composite drawings for oral description. ➢ Modem office equipment including computers and applicable software. ➢ Statistical and criminological theory. ➢ Principles and procedures of record keeping. ➢ Principles of business letter writing and basic report preparation. ➢ Pertinent Federal, State and local laws, codes and safety regulations. • Skills In: Gathering, recording and organizing data. ➢ Critical thinking and problem solving. ➢ Delivering presentations. Research and data mining. • Ability to: ➢ Communicate clearly and effectively, both orally and in writing. ➢ Determine trends in criminal and other related activities. D Collect and analyze statistical criminal data. D Determine appropriate visual presentations of statistics or facts. Organize information Into clear and concise reports. D Prepare facial composite drawings from oral description. ➢ Recognize trends, patterns, series, and offender associations relating to crime in reports. D Perform a variety of research utilizing various data bases. ➢ Interpret and explain County policies and procedures. D Maintain accurate and detailed records. ➢ Operate office equipment including computers and supporting word processing and spreadsheet applications. ➢ Establish and maintain effective working relationships. Work Environment Typical: Work is performed primarily in an office setting or well -lighted and temperature -controlled working environment. Work shall be performed with tools, appliances, and equipment approved by those agencies and bodies that have control, authority or approval of the design working ranges or limitations of those items; the employee has the responsibility to conform to those ranges and limitations. R® Duane Peters Date County Judge vol. P9. 5�1 _ P t Of. F N Brazos County Job Description °11 0 may Last Updated: 9/01/2019 RECEIVED SEP 19 2819 Template Revision 1.2 08115/2012 Class Number: 8109 Title: Scanner/Clerk Pay Group: 10 Department: Records Management FLSA Status: Non -Exempt Reports To: Records Manager Approved Date: Audit and track production. EEOC Category: Complete special projects as assigned to facilitate the management of county records. General Summary: • Convert hard copy documents into electronic images via a scan process including all peripheral • From Records Management Director. support and obligations. • Ability to use and assist other with the use of Laserfiche software. • Convert Microfiche film into digital documents Essential Duties: • Prepare and scan hard copy documents. • Audit and track production. • Complete special projects as assigned to facilitate the management of county records. • Move boxes from 35 to 50 pounds. • Fully experienced in computer applications. • Other duties as assigned. Under direct supervision, this position is responsible for accurately scanning a high volume of pages to convert printed material into digital images. • Responsible for transferring of paper records to an electronic version. • Prepares the paper records for scanning by removing all staples, paperclips, and non -scannable items. • Operates the electronic scanning equipment to produce computerized images of the original. Set scanner parameters as identified for each job to ensure accurate handling per client specifications. • Audit completed process for accuracy. • Document production activity as required. • Responsible for the timeliness, completeness, consistency, accuracy, and security of the documents. • Will maintain the confidentiality of each client by adhering to all State and Federal confidentiality laws as well as protect the confidentiality of client information in accordance with company policies and legal requirements. • Communicate with direct report and team members to insure accuracy and completeness of all responsibilities. • Assist other team members with document preparation and all other duties as assigned by supervisor. • Train internal clients on scanner usage. • Special projects to facilitate the management of county records Other Duties as assigned. Supervision Received: • From Records Management Director. Given: • N/A Education Required: • High School Diploma or GED. Preferred: • N/A Val. _ pg.. Experience Required: a One -Year experience working in an office team environment. • One -Year general computer experience. Preferred: • N/A Certificates, Licenses, Registrations Required: • N/A Preferred: • N/A Physical Demands Typical: • Ability to move around, sit for up to 8 hours, and perform repetitive motion as required byjob needs. • Ability to lift and carry 35 to 50 pounds. Knowledge, Skills, & Abilities Typical: N/A Work Environment Typical: • Indoor Climate controlled • Professional atmosphere requiring corresponding attire and attitude. • Occasional activity in non -climate -controlled warehouse/storage environments containing levels of dust and possible allergens. Vol. Pg. 153 R0 Duane Peters ate County Judge Brazos County a1 , ^* Job Description o Last Updated: September 2012 Template Revision 1.2 08115/2012 Class Number: ! 2609 j Title: i Shop Foreman ti i I Pay Group: 25 E Department: i Fleet Services FLSA Status: F Exempt 1 Reports To: i Fleet Manager ' Approved Date: 11/3/2015 ; EEOC Category: j Officials and Administrators General Summary: Oversees and administers preventive and corrective maintenance on county vehicles and equipment; and supervises the work performance of the 1 Mechanics, the Mechanics' Helper, and the Parts Manager. Essential Duties: Supervises Mechanics, the Mechanics' Helper, and the Parts Manager, including assigning and reviewing work, conducting performance reviews, and recommending personnel actions; Coordinates corrective and preventive maintenance of county vehicles and equipment; Selects qualified and cost-effective vendors to perform some vehicle and equipment service; Reviews vendor's service work; Prepares reports relating to parts and services; Maintains inventories and orders and purchases materials, parts, and office supplies needed for the maintenance and repair of county vehicles and equipment; Prepares and submits specifications for the purchase of new equipment and vehicles, and meets with vendors to obtain best price; Oversees corrective maintenance on county's vehicles and equipment, including performing engine rebuilds and repairs of hydraulic, I electrical, cooling, and fuel systems, drive trains, and body work; Oversees scheduled maintenance on vehicles and equipment, including tune-ups, oil.and filter changes, grease jobs, battery checks, tire and lubrication checks, and other preventive maintenance; Provides maintenance expertise to mechanics as needed; and Oversees the cleaning and maintenance of tools, diagnostic equipment, and the county garage in an orderly manner. Other Duties as ass Supervision Received: From County Engineer Given: Supervises Mechanics, the Mechanics' Helper, and the Parts Manager, including assigning and reviewing work, conducting performance reviews, and recommending personnel actions. Certificates, Licenses, -Registrations Required: Class C Driver's License. 48 years of automotive mechanical diagnosis, problem solving and repair experience. To perform this job successfully, an individual must be able to perform each essential duty Education Required: j High school graduation or its equivalent; or any equivalent combination of education and experience that f provides the required knowledge, skills, and abilities. i Preferred: Experience Required: _•....— __ _+ At least six years of experience. I Preferred: Certificates, Licenses, -Registrations Required: Class C Driver's License. 48 years of automotive mechanical diagnosis, problem solving and repair experience. To perform this job successfully, an individual must be able to perform each essential duty i I -- - – ----- satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.. -ASE Certifications _._...._...._._ ---------—_...--•-- Preferred: Demands j Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to stand; use hands to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee must frequently bend, stoop, squat, lie down, and walk. The employee must frequently lift and/or move objects weighing up to 100 pounds, such as tools and equipment. Specific vision abilities required by this job include close vision and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Methods, practices, equipment and materials used on the service and repair of automotive equipment; safe operation and repair of automotive, light, and heavy equipment, including brake, hydraulic, and electrical systems; supervisory management skills, personnel policies and procedures; standard office practices and procedures; purchasing policies and procedures; and personal computers. Organize and prioritize tasks to be assigned and completed; analyze and evaluate overall condition of county vehicles and equipment; supervise, train, evaluate, and motivate employees; read and interpret automotive and vehicle manuals; operate j computer, using standard word-processing and spreadsheet software; communicate effectively, both orally and in writing; assist others in proper repair and service of vehicles and equipment; diagnose problems and repair ; vehicles and equipment; apply safety standards to prevent hazards; tolerate adverse working conditions; work i effectively and cooperatively with co-workers; and maintain Texas driver's license applicable to job responsibilities_ i Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable I individuals with disabilities to perform the essential functions. The noise level in the work environment is frequently loud. The employee is constantly required to work closely with others as a part of a team. The I iemployee is frequently required to perform multiple tasks simultaneously and switch from one task to another. 1 The employee is occasionally required to perform tedious and exacting work and work under time pressures to meet deadlines. "PR a�� (� /�- ct/ /Y Du a Peters blate County Judge vol. 3W _ pg. Brazos County Job Description Last Updated: September 2018 RECEIVED Template Revision 1.2 08/15/2012 AUG 0 8' 2019 Class Number: .,a Title: Special Projects Administrator Pay Group; 24 ice' Department: County Judge FLSA Status: Exempt Reports To: County Judge Approved Date: EEOC Category: Office and Clerical General Summary: Serves as the County Public Information Officer. Provides administrative assistance to County Judge's office. Serves as Legal Assistant to the Civil Division of the County Attorney's Office. Represents County Judge at community events; serves as a liaison with local media; and responsible for making decisions and handling all situations which arise. Essential Duties: Serves as Brazos County's Public Information Officer, Responsible for the handling and responding to all Open Records requests; Serves as Legal Assistant to the Civil Division of the County Attorney's Office; Assists County Judge and County Civil Attorneys with correspondence, research, and general clerical duties as needed; Handles the processing of all TABC licenses; Writes resolutions and proclamations for the County Judge and Commissioners Court; Serves as back up to the Administrative Specialist — providing support (agenda, drafting correspondence, coordinating the County Judge's calendar, etc.) to the County Judge's office; Establishes and maintains official documents and records in appropriate files on laserfrche; Represents County Judge/County at community events; serves as spokesperson on behalf of County Judge; Performs special projects and conducts research and analysis for the Judge and/or other departments as assigned; Responsible for making decisions and handling all situations which arise; requires tact, diplomacy, and maturity; Supervises the Project Manager under the direction of the County Judge; May be asked to attend corporation, board, or committee meetings to take notes and prepare minutes; Other Duties as assigned. Supervision Received: County Judge Given: Project Manager Education Required: High school graduation or its equivalent. Preferred: Experience Required: At least five years of experience; or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities Preferred: Certificates, Licenses, Registrations Required: None. Preferred: Paralegal Certification oaf Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required by this job include close vision, distance vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Standard office practices and procedures, and bookkeeping procedures. Operate computers, including word processing software; read and interpret manuals and memos; perform math to balance accounts; write letters, memos, and telephone messages; manage time effectively; understand and follow instructions; operate standard office equipment, such as copy machine and facsimile machine; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers and the general public. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team; to perform multiple tasks simultaneously, and to switch from one task to another. The employee is occasionally required to perform tedious and exacting work, and to work under time pressures to meet deadlines. JPRO D Lit// Duane Peters Date County Judge voi. pg. 157 N Brazos County Job Description 0Fp Last Updated: September 2018 RECEIVED Template Revision 1.208/15!2012 AUG982019 Class Number: 'L�„ Title: Administrative Specialist Pay Group: 22 Department: County Judge FLSA Status: Exempt Reports To: County Judge Approved Date: Preferred: EEOC Category: Office and Clerical General Summary: Provides administrative assistance to County Judge; prepares, posts, and distributes agendas for Commissioners Court meetings, attends Commissioners Court meetings; drafts various correspondences for County Judge; coordinates schedule for County Judge, approves purchase orders and requisitions; and orders office supplies and equipment. Represents County Judge at community events; and responsible for making decisions and handling all situations which arise. Essential Duties: Prepares, posts, and distributes Commissioners Court agenda; Attends Commissioners Court meetings and provides reference assistance for files and documents; Drafts memos and correspondence for County Judge; Establishes and maintains official documents and records in appropriate files on laserfiche; Provides general information to the public; Coordinates schedule of County Judge, including the coordination of the County Judge's travel; Represents County Judge/County at community events; serves as spokesperson on behalf of County Judge; Performs special projects and conducts research and analysis for the Judge and/or other departments as assigned; Responsible for making decisions and handling all situations which arise; requires tact, diplomacy, and maturity; Orders office supplies and equipment, Approves purchase orders and requisitions on behalf of the Judge; Assists County Judge in preparing office budgets; and performs other administrative functions as needed; Supervises support staff (Public Communications Officer, DPS Clerk, Veteran's Officer) under the direction of the County Judge; May be asked to attend corporation, board, or committee meetings to take notes and prepare minutes. Other Duties as assigned. Supervision Received: County Judge Given: Public Communications Officer, DPS Clerk, Veteran's Officer Education Required: High school graduation or its equivalent. Preferred: Experience Required: At least five years of experience; or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities Preferred: Certificates, Licenses, Registrations Required: None. Preferred: Vol. —ac—o—pg. Physical Demands Typical: The physical demands described hen: are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required by this job include close vision, distance vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Standard office practices and procedures, and bookkeeping procedures. Operate computers, including word processing software; read and interpret manuals and memos; perform math to balance accounts; write letters, memos, and telephone messages; manage time effectively; understand and follow instructions; operate standard office equipment, such as copy machine and facsimile machine; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers and the general public. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team; to perform multiple tasks simultaneously, and to switch from one task to another. The employee is occasionally required to perform tedious and exacting work, and to work under time pressures to meet deadlines. Duane Peters Date County Judge sBRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATEDIAWARDED PROPERTY DONATION OF COUNTY PROPERTY Date: 9119/2019 Requesting Department: Brazos Count / Sheriffs Office Division: Intake Acceptance of Donated/Awarded Property Donation of County Property (Awarded property requires signed court documentation) Item Description: Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year: SNIVIN'#. Functional Non -Functional. Explain ifNon-Functional Additional Description/Information: Clothing, Jewelery, Electronics, Other Misc items left by Inmates leaving Brazos Countv Detention Center'ln the month of August Estimated Value: or Donator Check the appropriate account based on estimated value ofproperty being accepted: E] 61235000 (Donation -Other)* 60010000 (No Asset Tag -Under 5500) .67010000 (Minor Property - $500 - $4999) 80010000 (Capital Property -Over $5000) Donation of Check the appropriate entity property being donated to: Government Entity:. Other (Due to Statuatory requirements prior approval is required by Purchasing: Brazos County Sheriffs Office Organization Nam; Organization Name *Donation — 011ner to be used for funds donated to Brazos County for use of a non -county expenditure. I certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Brazos County Sheriffs Office Ov Department Name Author& ed Signature Organization Receiving Donated Property: 711- Authofized Signature App v Co!sdond ourt on this day of c A►�1(�" • Commissioners. Court Approv Vol. pg. EQ _0 JAIL ID#: 298672 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility SO#:117180 This is to advise you, RILEY, CORIEL DERYL, 11, that the Brazos .County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times schedule theyickuw(24 hours in advance). 2) -9 -+A I�,,.d....•.. 3) V—pc. 1?uLz- r 506--+- LIST OF PROPERTY y ll 7) P.A W.ct-,i e - St - 9) 10) Seck'=%kv-51"Ae:- Signature of Inmate: Date: Time:, Signature of Jailer: Lr L„ , b Date: ¢I -s 1A g Time: Property disposed by: Date: Time: Person designated to pick up property: Name:::, Address: Telephone: , Signature of Officer Releasing Property �EDate: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 1825 Inmate Property Disposition Vol. Pg. `LQ JAIL IDN: 298510 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility Z•`t°-- SON: 124625; This is to advise you, GARCIA, JOE ANTHONY, that the Brazos County Office of the Sheriff will. grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick It up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times schedule the aickun (24 hours in advance). . - LIST OF PROPERTY Q... - t3l�c Siti�vs 2) 7) 3) 8) 4) Oo�� �1r��� 9)- 5) Signature of Inmate:: Date: Time: Signature of Jailer. —7- K��%%OwS r,V► Date%r% Time: Property disposed by: Date: Time: Person desillpate to pick uproperty: Name: OSr/''. ` y &ZD.� Address: Telephone: 7' G Signature of Officer Releasing Property Date: ,i Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 2875 Inmate Property Disposition Vol. CD Pg ! �� JAIL ID#: 290719 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISP$AS` TION FORM Date Inmate Left Facility SO#: 124142; This is to advise you, Merritt, Trumaine, that the Brazos County Office of the SChent you a period of a wee ve working days) to have anyone of yo choice o - any and all property hat you ha ed duri your ime ' rated in th Bretention Center. Ineventa has ick pyo pro rty er the ex iraek (five working days). any and all perty will e n ed t the: s unty Sh 'ffof to the person(s) or or 'zation o ice by o er the riff orazos ounty, Texaerty will not be release to an a oth the person you d grate to pick it up, and can be picked up from the Relea obby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To av id long wait times schedule the pickup (24 hours in advance). LIST OF PROPERTY 2) t 1S1w; be gk: 7) 3) 8) 104) 9) 5) 10) . Signature of Inmate:)- Date: Time: Signature of Jailer: A, -%A. LV to Date: �2kk't Time: Property disposed by: Date: Time: Person designated to pick up property: Name: Address: Telephone: Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 1825 Inmate Property Disposition VOL Pg. BRAZOS COUNTY SHERIFF OFFICE BRAZOS COUNTY DETENTION CENTER SO NUM: 12414.2 JAIL ID: 290719 INMATE'S NAME:Merritt, Trumaine DATE: 8/1/2019 To: Please be advised that Merritt, Trumaine has been transferred to a unit of the Texas Department of Criminal Justice as of this date. Mail and/or money orders will be returned to sender if received after this date. You have been named by the inmate as the party designated to take possession of his/hers property. You will need a picture ID at the time the property is released. Personal property will need to be picked up within (5) working days or will become the property of the Brazos County Sheriff's Office. Failure to pick un the property will result in theyronerty be deemed donated to the Brazos County Sheriff. The property will be donated or disposed of to the person (s) --, and/or organization (s) of choice by the order of the Sheriff of Brazos County, Texas. This includes Television sets. To avoid long wait times you can schedule a date to pick up the property. Call (979) 361-4811(24 hour in advance) to schedule the pickup of the property between 1 pm and 7pm daily. Each unit has a different warden and the rules vary from one unit to another. An inmate may not receive mail, money, or visitors until the inmate receives a TDCJ number and writes you with the information you will need. An envelope is being furnished and postage will ,be provided in. order for each inmate to mail this letter. The inmate is responsible for filling out the form and the envelope. Signature of Inmate: :ids• _ Form:1825 Inmate Property Disposition Vol. pg. BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPQ§ITION FORM Date Inmate Left FFacilityb` JAIL ID#: 304727 SO#: 67212 This is ou, JONES, PATRICK DEON, that the Brazos County Office of the Sheriff will grant you a rio of one w five working days) to have anyone of your choice to pickup or receive any and all prop that you ha acc ated dMdto incarc ted ounty Detention Center. Ea a event that n ' kerry the expi ti of one week (five working days any and all pr inn I raz She d dlVm d of to the person(s) or or tion of cice y ord Br os C ty, Te as. our perty will not be released o any one o than t gn to to pick it up, and can be picked up from the Releas L the County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To av ' s wait times schedule the nickun (24 hours in advance). 2) 3) �- u-�► �� wrJ. 5) LIST OF PROPERTY 6) 7) s) 9) 10) Signature of Inmate:U 1. Date: Uzi h4ime: Signature of Jailer: Date: Time: Property disposed by: Date: Time: Person designated to pick up property: Name: Address: Telephone: Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form;182S {nmate Property Disposition va. � 0� Po. BRAZOS COUNTY SHERIFF OFFICE - BRAZOS COUNTY DETENTION CENTER SO NUM: 67212 JAIL ID: 304727 INMATE'S NAME:JONES, PATRICK DEON DATE: 8/1/2019 To: Please be advised that JONES, PATRICK DEON. has been transferred to a unit of the Texas Department of Criminal Justice as of this date. Mail and/or money orders will be returned to sender if received after this date. You have been named by the inmate as the party designated to take possession of his/hers property. You will need a picture ID at the time the property is released. Personal property will need to be picked up within (5) working days or will become the property of the Brazos County Sheriffs Office. Failure to nick un the property will result in the nronerty be deemed donated to the Brazos County Sheriff. The property will be donated or disposed of to the person (s) and/or organization (s) of choice by the order of the Sheriff of Brazos County, Texas. This includes -� Television sets. To avoid long wait times you can schedule a date to pickup the property. Call (979) 361-4811(24 hour in advance) to schedule the pickup of the property between Ipm and 7pm daily. Each unit has a different warden and the rules vary from one unit to another. An inmate may not receive mail, money, or visitors until the inmate receives a TDCJ number and writes you with the information you will need. An envelope is being furnished and postage will be provided in order for each inmate to mail this letter. The inmate is responsible for filling out the form and the envelope. Signature of Inmate'. Form: 1825 Inmate Property Oispositlon vol. w pg. I Lob- �BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility sI zl% s JAIL ID#: 299805 SO#: 80728; 80728 This is to advise you, DURHAM, FRANKIE, JR, that the Brazos County Office of the Sheriff will grant you a p ' d of one week (five working days) to have anyone of your choice to pickup and/or receive any and all p op hat you: a accumul during ur time e r County Detention Center. n the e . ' a n one pic ed up property the expiration of one week (five working' ys), any; d all pr a 'It be on d e Braz un and disposed of to the person(s) r org on of c `ice y or of Shen of Brazos as. Your property will not bere s a other an the person you designate to pick it up, and can be picked up from the lease Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times schedule the pickup (24 hours in advancel. Person designated to pick up property: Name: Address: Telephone: Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form:1825 Inmate Property Disposition ,�.,,�� Vol. pg. �. LIST OF PROPERTY 1) 6) F,kv- 2) UV Wr—A a f -k 7) ?o: r- 6tk. 3)_ .0 `t en l an �M 8) w..- ..r4) 4)Grk 9) 5) L,z gttii�� 10) - - - Signature of Inmate: Date: Time: Signature of Jailer: `�N-aPs Date: h ky-\m Time: Property disposed by: Date: Time: Person designated to pick up property: Name: Address: Telephone: Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form:1825 Inmate Property Disposition ,�.,,�� Vol. pg. �. BRAZOS COUNTY SHERIFF OFFICE BRAZOS COUNTY DETENTION CENTER SO NUM: 80728; 80728 JAIL ID: 299805 INMATE'S NAME:DURHAM, FRANKIE, JR; DURHAM, FRANKIE, JR DATE: 8/1/2019 To: Please be advised that DURHAM, FRANKIE, JR has been transferred to a unit of the Texas Department of Criminal Justice as of this date. Mail and/or money orders will be returned to sender if received after this date. You have been named by the inmate as the party designated to take possession of his/hers property. You will need a picture ID at the time the property is released. Personal property will need to be picked up within (5) working days or will become the property of the Brazos County Sheriffs Office. Failure to nick un the property will result in the property be deemed donated to the Brazos County Sheriff. The property will be donated or disposed of to the person (s) and/or organization (s) of choice by the order of the Sheriff of Brazos County, Texas. This includes Television sets. To avoid long wait times you can schedule a date to pick up the property. Call (979) 361-4811 (24 hour in advance) to schedule the pickup of the property between Ipm.and 7pm daily. Each unit has a different warden and the rules vary from one unit to another. An inmate may not receive mail, money, or visitors until the inmate receives a TDCJ number and writes you with the information you will need. An envelope is being furnished and postage will be provided in order for each inmate to mail this letter. The inmate is responsible for filling out the farm and the envelope. Signature of Inmate ' Form: 18B Inmate Property Disposition (�� '' _ a \/oi. �� pg. 14 �BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM D Inmate Left Facility $ JAIL ID#: 302069 SON: 90361 This is to advise you, DARNELL, MICHAEL DOUGLAS, JR , that the Brazos County Office o e Sheriff will gjpt-�of one week (five working days) to have anyone of your pickup and/or receie any and all prop that you have accumulated 'ng yNen erat in the Brazos County Detent n Center. In the a at one has icked up ourfter e e irati one week (five wor g days), any an grope will be Hated to e Bunty a disposedof to the person ororganizatio f choice y ord r the eriffs Co Texas. our property will not a released to one of r tha the p n yooto pi k d can be picked up from the Relea ob of th Braz County Detentr 1835 Sandy Point Rd. Bryan, TX 77803. o av ' on wait schedule the icku 24 hours in advance). 2) 3) LA.Vut -Vct . g) gw.e,r Go-�s� LIST OF PROPERTY 6) V �t�b �► 8) 9) %kv- �jtr-:'rte 10) t-ae-�wee,c Signature of Inmate:°� f � �� �. � " '. , Date: Time: Signature of Jailer. .jo Date: %1&0% Time: Property disposed by: Person designated to pick up property: Name: Address: Telephone: Signature of Officer Releasing Property Date: Time; Date: M, Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 1825 Inmate Property Disposition Vol. - 3o pg. ` eq- BRAZOS COUNTY SHERIFF OFFICE BRAZOS COUNTY DETENTION CENTER SO NUM: 90361 JAIL ID: 302069 INMATE'S NAMEMARNELL, MICHAEL DOUGLAS, JR DATE: 8/1/2019 To: Please be advised that DARNELL, MICHAEL DOUGLAS, JR has been transferred to .a unit of the Texas Department of Criminal Justice as of this date. Mail and/or money orders will be returned to sender if received after this date. You have been named by the inmate as the party designated to take possession of his/hers property. You will need a picture ID at the time the property is released. Personal property will need to be picked up within (5) working days or will become the property of the Brazos County Sheriffs Office. Failure to vick uy the proverty will result in the nroverty be deemed donated to the Brazos County Sheriff. The property will be donated or disposed of to the person (s) and/or organization (s) of choice by the order of the Sheriff of Brazos County, Texas. This includes Television sets. To avoid long wait times you can schedule a date to pick up the property. Call (979) 361-4811(24 hour in advance) to schedule the pickup of the property between 1pm and 7pm daily. Each unit has a different warden and the rules vary from one unit to another. An inmate may not receive mail, money, or visitors until the inmate receives a TDCJ number.and writes you with the information you will need An envelope is being furnished and postage will be .provided in order for each inmate to mail this letter. The inmate is responsible for filling out the form and the envelope.;, Signature of Form. 1825 Inmate Prbperty Disposition Vol. !�—CO �a• 1-70 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility _,8/1/19 JAIL ID#: 305360 SO#:106939 This is to advise you, SANDERS, TEUNNA CHUNTRA, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pick up and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to anyone other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd-. Bryan, TX 77803. To avoid tons wait times schedule the pickup (24 hours in advance). 2) U, AtAj, 3) pg. r X �Irctu 5) LIST OF PROPERTY 6). 7) 8) 9) 10) Signature of Inmate: Date _8/1/19 Timey0630 Signature of Jailer:-!t1Z.�.4 �� ��i Date: -8/1/19 Time: 0630 Property disposed by: Date: Time: Person des nated to pickup properly: Name:. r� t Address: 0 L Lr gan—Fy '77g4 I Telephone:.. n Signature of Officer Releasing Property Date: Signature of Person Pick up. Property Date: (Include a copy of the person's identification that is picking up the property) Form: 1625 Inmate Property Disposition JAIL ID#: 305626 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DIS ON FORM Date Inmate Left Facility SON: 96708; 96708 This is to advise you, PRADO, WESLEY RAY, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. BryanrTX 77803. To avoid lone.wait times schedule the pickup (24 hours in advance). . LIST OF PROPERTY 4) 9) 5) 10) Signature of Inmate:Date: Time: Signature of Jailer: ' j% o Date: Q Time:. Property disposed by: Date: Time: Person desienated to nick un nronerty: Name: Address: Telephone: Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Farm: 1825 Inmate Property Disposition Vol. 00 Pg. BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISKI ION FORM Date Inmate Left Facility I? JAIL ID#: 305997 SO#:128921 This is to advise you, REYES, JOSE ANGEL, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all ,property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid lona wait times schedule the pickup (24 hours in advance). LIST OF PROPERTY 1)0�x 6) 9AAvi t4dyw, ) Property disposed by: Date: Time: Person designated to pick up property: Name: Address:' ' ,- ...Telephone:• . .Signature of Officer Releasing Property Date: m.... 9Signature of Person Pick up—Property Date: (Include a copy of the person's identification that is picking up the property) Form! 1925 Inmate Property Disposition Vol. y�� pg. 1'73 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPO IT ON FORM Date Inmate Left Facility Q /% JAIL ID#: 289758 SO#: 112103 This is to advise you, SWEED, CRAIG ALLEN, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times schedule the pickup (24 hours in advance). 2) 4) 5) .Sigiiatuie of Inmate: . LIST OF PROPERTY Date• Time: Signature of Jailer. fo ' j ,�J; y%ryf Date: l Time: Property disposed by: Date: Time: Person designated to pick up property: Name: - - Address: -- Telephone: Signature of Officer Releasing Property n+j Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 1825 Inmate Property Disposition BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSINON FORM Date Inmate Left Facility y JAIL IDN: 302432 SO#:120358 This is to advise you, MERRITT, ASHLEE ANNE, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during. your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of .Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times schedule the pickup (24 hours in advance). ,a 91Kslc� 2) ua, 3)tr&V& g1 4) it" v� W 51Qcc.. A% Signature of Inmate: Signature of Jailer: LIST OF PROPERTY 6) �AVL. sWgj-. Property disposed by: Date: Time: Person designated to pick up property: Name: Address: �i { , ,.11'UUI I"r ,&-D Telephone: `)�12�� Vit={ °t �.. (tirela,k umr, —Signature-ofOfficerReleasing-Pmperty--_—Dater t� Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 1825Inmate Property Disposition Vol. pg - BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DIS PO .IT N FORM Date Inmate Left Facility 'IF f JAIL ID#: 306250 SO#: 25326026 This is to advise you, CONTRERAS, MARIA DEJESUS, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid lone wait times schedule the pickup (24 hours is advance). 1) 4 q EIS Aga.. 2) i 1k SSA, L� 3) 1 g\Y. baa . LIST OF PROPERTY 6) t RC06.k.:� nay�:54 8) ) x Aim. -ILJ, 01sc 9). 5).AK-Gov so—v'% 10) Signature of Inmate: 1��,Date-' Time: Signature of Jailer: Date:,4 Time: Property disposed by: Date: Time: Person designated to pick up property: , Name: - ti % -- cp j V % Address: 1 C) le.) AL L- k- 22 -VO - -Tel {...- •` ` 9--.A ephone: � Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 1825 Inmate property Disposition , n Vol. P®. BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility JAIL ID#: 305130 SO#: 25227088; 25227088;25227088 This is to advise you, GONZALEZ, DANIEL YBARRA, JR , that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX�77803. To avoid lone wait times schedule the pickup (24 hours in advance), LIST OF PROPERTY 1) 1' Itk»1 ;k,- 1 Signature of Inmate: Signature of Jailer: Property disposed by: 6) 8) 9). l 0) Person designated to 'ck 'p property: Name: Address - Telephone. G% ^ 2 57�5- ^ !q e Date: Time: Date: 0161m Time: Date: . Time: Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 1825 Inmate Property Disposition Vol. '� P9. irl 7 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility 8/21/19 JAIL ID#: 306314 SOM 75183 This is to advise you, RANSOME, KRYSTAL LYNNE, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pick up and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to anyone other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times schedule the pickup (24 hours in advance). LIST OF PROPERTY 1) Ilea 'C"ef whua11, P- 6) 2) i 3) 8) 4) 9) 5) 10) Signature of Inmate: Date: -8121/19— Time:-0630- Signature ime:0630Signature of Jailer: �- - - //d�$ Date: -8/21/19— Time: 0630 Property disposed by: ate: Time: Person desi� e,d to pick up property: Name: c:i- 5 U r"� nit :9� Address:Chi " ...-. `. - --_ _ _ _ _ - _. _ � � iso ,:LL, -.i Telephone: — . -�• f n Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form:1825 Inmate Property DIsposft{on Vol. 3M Pg. Irl $ BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility 8/21/19 JAIL ID#: 305466 SO#: 104151 This is to advise you, TAYLOR, SAVONNA J, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pick up and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to anyone other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid lone wait times schedule the Pickup (24 hours in advance). 1) 2) 3) 5) LIST OF PROPERTY 6) 7). 8) 9) ------------- 10). Signature of Inmate:Date•_8/21/19 Time:-0630— Signature of Jailer: /S Date:_8/21/19 Time:-0630— Property ime:0630 Property disposed by: Date:Time: Person designated topic up' rop ',': Name: ..i' Address: . (Fin", .r- Telephone: Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 192S Inmate Property Disposition Vol. D pg.� JAIL ID#: 300193 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility.CRAM1/ 6) 130776;130776 SON: 130776; This is to advise you, BRADLEY, MAURICE BERTRAND, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times schedule the pickup (24 hours in advance). LIST OF PROPERTY i of .. .AM .1� • �1 rrON W,i. if/,, 1 Signature of Inmate:.• :7 • "�t Date:6%7� Time: Signature of Jailer: Date: %Bc3%/0 Time:Qjfjj Property disposed by: Date: Time: Person designated .t0A up property: Name: ` A. 'Addiess: 1 11 O�S�u�� . 4' L lv Telephone:�� Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form:1825 Inmite Property Disposition V �1• Pg- BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left FacilityX1,//4 JAIL ID#: 299209 SO#: 49770; 49770; 49770 This is to advise you, ROBERTSON, DEVORICK DESHUN, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid lona wait'times schedule the nickun (24 hours in advance). LIST OF PROPERTY Signature of Inmate:&az Date: a3 I .Time: Signature of Jailer: �.R&D /�l�p$ Dater Tirne:01�5g Property disposed by: Date:, Time: Person designated to pick up property: Name:. I:. , M V Address: g -r im ST. 1%.„ . Telephone: Signature of Officer Releasing Property Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form:18ZS Inmate Property Ofspo5ltion W. 30c) P9. j � BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISOANTICIP N FORM 6 Date Inmate Left Facility JAIL ID#: 279898 SO#:120688 This is to advise you, CONWAY, ANTAYE KEWAIN, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order 'of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby.of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid lona malt times schedule the pickup (24 hours in advance) LIST OF PROPERTY 1) RAN ulnae 6) 7) 8) .. 9) . Signature of Inmate: Date• Time: Signature of Jailer: (G ' Date: / / Time:.Q , Property disposed by: Date: Time: Person designated to pick up prope Name: T slt U E u► Address:. _110.1- SES►,uS 7720J Telephone:.. 3L 514— 07 03 Signature of Officer Releasing Property Date: a &%.n up r7u j1C[ty Date: (Include a copy of the person's identification that is picking up the property) Form: 1825 Inmate Property OispOsitfon va. Oo pg, 1?)a BRAZOS COUNTY DETENTION CENTER INMAi'E PROPERTY DISPOSITION FORM Date Inmate Left Facility JAIL ID#: 305516 SON: 83389; 83389; 83389;83389;83389;83389;83389; 83389;83389;83389 This is to advise you, BANKS, DONALD CHARLES, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than 'the person, you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times schedule the Pickup (24 hours in advance). 2 WA 4) lae k !SWe 1- 5) VW15C - LIST OF PROPERTY 6) 1919&e Pht T'X 7)_ e? a&rrtrtar 8) � 9) 10) Signature of Inmate: Dater;.. n;Zbt _t Time: Signature of Jailer:,.. 14l05 Date:Time:, .,M... Property disposed by: Date: Time: Person designated to pick up property: Name: Telephone: , (Cl* S14 - d N C5 Signature of Officer Releasing Property Date: Signature of Person Pick up Property Form: 1825 inmate Property Disposition , Vol. � Pg. t c Date: JAIL ID#: 306477 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISON FORM Date Inmate Left FacilityEP-07//l SO#:121437 This is to advise you, Stewart, Dakoda Shyanne, that the Brazos County Office of the Sheriff will grant you a period of one week (fide working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times schedule the pickup (24 hours in advance). LIST OF PROPERTY I) V40VO w e v V00Rf_ 6) 2) 7) 3) 8) M, 4) 9) 5) 10) Si 1'nature of Inmate: _ Date: Z'7� f Time: Signature of Jailer. Date: OW -4)11-1 Time:Q.5 Property disposed by: Date: Time: .Person design ted to pick up property: 'Name:. "Address: ' iv C.O�� ., t2cA 14-z- Telephone•:.�1 -J:'� �' 4 551• Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form:• 182S Inmate Property Disposition I Vol. 3M . pg.. L(�Lq— I C. • BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility JAIL ID#: 295168 SOM 119299; 119299; 119299;119299;119299;119299 This is to advise you, Henderson, Kevinisha, that the Brazos County Office of the Sheriffwill grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos Cougty Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times schedule the oickuti 64 hours in advance). LIST OF PROPERTY A eta aw Signature of Inmate:.: - Date G+ Time: Signature of Jailer: . (S DateTime-DW Property disposed by: - Date: Time:_ Person designated to pick up property: Name:1 y' IIS YM ; Address: Telephone: Signature of Officer Releasing Property Date: Adak IV Signature of Person Pick up Property Date. (Include a copy of the person's identification that is picking up the property) Form:1825 Inmate Property Disposition Fol' Pg• — — - BR.AZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOS TION FORM Date Inmate Left Facility W&MA JAIL ID#: 302014 SON: 124822 This is to advise you, Jackson, Quenderrius Jodeunxavier, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid Ions wait times schedule the pickup (24 hours in advance). s /•ee5 LIST OF PROPERTY 6) ` 72- 7) 8)- 9) 10) Signature of Inmate: A Date: Time: Signature of Jailer:MDate: 9%�Time: Property disposed by: Date: Time: Person desi Name: Address: Telephone: Signature of Officer Releasing Property al iQ� t1'I Date: Signature of Person Pickup Property (Include a copy of the person's identification that is picking up the property) Form: 1825 Inmate Property Disposition Vol. Pg. ► (D JAIL ID#: 306438 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility//50//`i SON: 123999 This is to advise you, Hammond, Tyderrien Dravian, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days),: any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person.you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid lone wait times schedule the pickup (24 hours in advancel. LIST OF PROPERTY 6) 7) 8) 9) 10) Signature of Inmate: Date: Time: Signature of Jailer: n All Date: Time: Property disposed by: Date: Time: Person designated to pick up Dro erty: Name: Address: Telephone: — 2q]. Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Form: 1825 Inmate Property Disposition VOL BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility _ Dom JAIL ID#: 302751 SO#:121362 This is to advise you, BAZY, JOSHUA KALE, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid lona wait times schedule the nickuD (24 hours in advance). 1) 0< t6k-,: 2) LIST OF PROPERTY 6) 7) 3) 8) .. 4) 9) W.M Signature of Inmate: 10). Date: Time: Signature of Jailer: Lf7C71 Date: q11,71A Time: Property disposed by: Date: Time: Person designated to pickup property: tY Name: W: VX�4: Address: Telephone: Signature of Officer Releasing Property Date: rSignature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Forr&.1825Inmate Property Disposition V01. Pg.1�2� i BRAZOS COUNTY, TEXAS GRANT APPLICATION APPROVAL FORM Date: 9/16/19 Requesting Department: CONSTABLE PCT. 3 Grant Title: NRA FOUNDATION LAW ENFORCEMENT GRANT Granting Agency: NRA FOUNDATION Amount Requested: $ 6,000.00 Grant Term (Beg(End): - JANUARY -2020 Project Description: GRANT REQUEST FOR LAW ENFORCEMENT TACTICAL TRAINING AND AMMUNITION. Will this grant fund salary & benefits? ❑ Yes ❑✓ No Is there County Match requirement? ❑ Yes ❑✓ No Are there financial reporting requirements?✓❑ Yes ❑ No Who will be reporting? CHIEF DEPUTY CALDER LIVELY *Please include -all available backup documentation with the approval form. All grants are contracts between Brazos County and the granting agency and should be approved by Commissioners Court prior to the application submission. Authoriz i e A roved by Commissioners Court on this day of ' �ma Commissioners Court Approval Vol. �' — Pg• � b INDIGENT HEALTH CARE AGREEMENT This Indigent Health Care Agreement ("Agreement') is entered into by and between BRAZOS COUNTY acting by and through its duly elected COURT OF COMMISSIONERS (hereinafter "County") and the BRAZOS VALLEY COUNCIL OF GOVERNMENTS (hereinafter "BVCOG"). The purpose of the Agreement is to provide for the administration of the heath care program for eligible Brazos County residents pursuant to the Indigent Health Care and Treatment Act, Texas Health &Safety Code, Chapter 61 (the "Act"). The parties mutually agree as follows: In compliance with the Indigent Health Care and Treatment Act ("Act"), County agrees to provide basic health care assistance to eligible County residents by reimbursing providers of services to households who meet the requirements of the Act, the Texas Department of State Health Services regulations and the Texas Administrative Code Title 25, Chapter 14. County enters into this agreement with the BVCOG to share the costs of the regional administration of the Indigent Health Care Program. RATES FOR REIMBURSEMENT The County agrees to pay the County's share of the cost of the administration of the County Indigent Health Care (CIHC) Program for eligible Brazos County residents. County agrees to pay BVCOG 96 700.00 ("Funds") for the 2019 fiscal year, October 1, 2019 through September 30, 2020, in quarterly installments. RESPONSIBILITIES OF BVCOG For and in consideration of the funding provided by the County, the BVCOG agrees to administer the Brazos County Indigent Health Care Program in compliance with the Act and pursuant to the regulations of the Texas Department of State Health Services and the Texas. Administrative Code, Tifle 25, Chapter 14, by providing: 1. Written minimum eligibility standards and application, documentation, and verification procedures to determine eligibility for indigent health care under the Act. 2. An -annual review no later than the beginning of a state fiscal year of the County eligibility standards and a reasonable notice of the standards to the public. 3. An application procedure including forms and notification of the procedure to the public. Vol. pg.1a� CIRC Agreement 2 BRAZOS County — BVCOG 4. Intake services in Brazos County at least once a month. 5. Assistance to applicants in the accurate completion of the application process including all needed verifications, documentation, and supplemental information. 6. Screening, assessment, and determination of each applicant's eligibility for indigent health care. 7. An explanation to the applicant, if approved, of the obligation to report any change in income or resources that might affect the applicant's eligibility and the possible penalties under the law for failure to report such a change. 8. A decision regarding acceptance or denial of the application not later 14th than the day after the date on which the BVCOG receives a complete application, and a written notification of the decision to the applicant, including the reason for any denial, the process for resubmitting an application at any time circumstances justify a redetermination of eligibility, and an explanation of the appeals procedure. 9. An administrative hearing procedure with appropriate due process considerations, notification forms, and an appeals process for individuals or households whose application has been denied. 10. Retention of all records relating to an application at least until the end of the third complete state fiscal year following the date on which the application is submitted. 11. A response to all inquiries regarding the program pursuant -to the Texas Public Information Act, Texas Government Code Chapter 552. 12. An annual written review of the program's management and operation. 13. A review of the eligibility of each household at least once every six (6) months. 14. A list of eligible Brazos County residents distributed to each provider once every six (6) months. 15. A review of all bills submitted to BVCOG by the medical provider(s) to verify accuracy and the eligibility of the patient. 16. Remittance to the County of bills that have been reviewed and approved for payment to the medical provider. Vol. 30D pg. 0 1 CIHCAgreement BRAZOS County — BVCOG RESPONSIBILITIES OF THE COUNTY For and in consideration of the services provided by BVCOG, the County will provide: 1. Payment in accordance with the payment standards of the Act for services determined by BVCOG to be an accurate rendering of services to an eligible patient. 2. Payment of BVCOG'S cost to administer Brazos County's portion of the indigent health care program on a quarterly basis. 3. An audit of the program. 4. Responsibility for payment of services in accordance with the Indigent Health Care and Treatment Act. 5. Payment for County's pro rata share of outside audit services, if necessary. TERM This Agreement is for one (1) year, from October 1, 2019 until September 30, 2020. CANCELLATION This Agreement may be cancelled by either of the parties hereto upon sixty (60) days written notice. AUDIT BVCOG agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BVCOG agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. BVCOG agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BVCOG agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the BVCOG under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the COUNTY. Annual financial statements (audited if available) are available to the Brazos County upon request within six (6) months of completion. Vol. 3cao Pg. Ia a CIHCAgreement BRAZOS County — BVCOG ALTERNATIVE DISPUTE RESOLUTION 4 The parties agree that, in the event that suit is filed by either of them based on or pertaining to this Agreement, they shall submit this dispute to mediation as described in .Section 154.023 of the Texas Civil Practices and Remedies Code. The parties further agree that the results of the mediation will not be binding on the parties. The parties shall have the right to undertake proceedings in a court of proper jurisdiction. INDEMNITY Any monetary loss suffered by the County from ineligible clients, mistake, fraud or other conditions can be recovered from the BVCOG only to the extent of available insurance. AMENDMENT This Agreement shall be automatically amended by the amendments made to the Act by the State Legislature. In all other respects, this Agreement may be modified, amended, altered or extended only by a written amendment signed by the parties. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents, which may be necessary to cant' out the provisions of this Agreement. FORCE MAJEURE Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and software providers, phone and internet service providers, carriers, or other parties to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon and an expected date when obligations under this Agreement will be resumed. Vol, 3c�) pg.lg3 CIHC Agreement BIAZOS County — BVCOG SEVERABILITY S In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties. There are no representations, agreements, arrangements or understandings, oral or written,, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. FISCAL FUNDING Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each Item or obligation contained herein for the term of the Agreement and any extension thereto. BVCOG, or any other person or entity directly or indirectly employed by the BVCOG or any other person or entity to whom the BVCOG may be liable to, shall have no right of action against the County in the event the county is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. in the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Agreement by written notice to the BVCOG at the earliest possible time under the circumstances. EFFECTIVE the day o 1 , 2018 B Our BY: Datetal ,� Judge Duane Peters BRAZOS VALLEY COUNCIL OF GOVERNMENTS Y Date To ilki n, Jr. ecutl (rector Vol. Pg'--iT4- House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate In this transaction and have not been subjected to suspension, debarment, or similar Ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed 'dn the federal government's terrorism watch list as described in Executive Order 13224. Entities Ineligible for federal procurement are listed at https:/M►ww.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: Does not boycott Israel currently; and Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: Company Authorized "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that Is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 'Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, Including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that .exist to make a profit. r y � V611 Pg._aa_ FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND DISTRICT TWO VOLUNTEER FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of District Two ("Agreement") is hereby effective. October 1, 2019, by and between the DISTRICT TWO VOLUNTEER FIRE DEPARTMENT, INC., BRAZOS COUNTY, TEXAS ("Department") and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with "a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE AGREEMENT Department shall provide fire protection services to any person who requests it within the confines. of Precinct 2, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 3 and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. Districl 2 Vohinleer Fire Agreement Vol. ,foo pg. 191 Pine I of 4 2. All requests for services under this Agreement shall be made through the 9-1- 1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire .fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sum of $29,000.00 upon execution of this Agreement ("Funds"). 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement term shall be from October 1, 2019, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2020. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall. be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: District Two Volunteer Fire Department, Inc, Brazos County Texas P.O. Box 32 Kurten, TX 77862 County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 District 2 Volunteer Fire Apreenuent vol. pg, 197 Page 2 of 4 DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. 9.. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the -provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No amendment to this =Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time; to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. District 2 11oh►nleer ri►c Agreement Page 3 of 4 16. It is understood and agreed that this Agreement may be. executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Department agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Department. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues .that might not otherwise require disclosure in the Department annual financial report, but which are of concern to or under the suggestion of the auditor. Annual financial statements (audited if available) are due to County within six (6) months of completion. District TwoyVqj�nr Fire Department, Inc, Brazos Co y, Texas Brazos Coynty, Tex K6 eterson, President Duane Peters, County Judge Date: / Fy y' Date: ATTEST: District 2 Vohrniaar l ire Agreenteni Page 4 of 4 House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with- the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam,gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: Does not boycott Israel currently; and Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel' means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited -partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Authorized Com�jp(a�ny Address_ r / Signatu F Y� V�=(1'c���r,✓ll�.G . 32 , `-1 64iakn . Date: Contract M FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND EASTER SEALS GREATER HOUSTON THIS FUNDING AGREEMENT ("Agreement") effective October 1, 2019 is entered into by and between Brazos County, Texas, acting by and through its duly elected County Commissioners (hereinafter "County"), and the Easter Seals Greater Houston (hereinafter "Service Provider"), located at 3211 S. Texas Avenue, Suite A, Bryan, Texas 77802. RECITALS WHEREAS, the medical care of the County's eligible indigent population has become a growing problem; and WHEREAS, pursuant to Chapter 61 County is the payor of last resort for the eligible indigent county residents; and of the Texas Health and Safety Code, the provision of basic health care services to WHEREAS, the County is required by Chapter 61 of the Health and Safety Code to provide, as a payor of last resort, certain basic health care assistance to its eligible count residents and desires to do so through the Service Provider, NOW THEREFORE the parties agree to the following terms and conditions to provide such eligible indigent health care. AGREEMENT Term The Agreement shall continue in force and effect for a term of twelve (12) months commencing on the 1st day of October, 2019 and terminating 30th day of September, 2020. Cancellation This Agreement may be canceled by any of the parties hereto upon sixty (60) days written notice as provided herein. Services to be Performed by Service Provider Service Provider shall provide the following services through trained, staff to qualified county residents pursuant to the guidelines currently implemented for making such determination: rehabilitation services, physical therapy, occupational therapy, speech-language therapy, autism diagnosis and social services to the indigent Easter Seals Greater Houston Page I of 15 Vol. Pg. O population of Brazos County who have been diagnosed with disabilities, developmental delays or those who are at risk of developing a delay (collectively "Services"). Use of County Funds Funds to be furnished to Service Provider as stated below shall be used provide Services to eligible indigent applicants ages 0 to 3. County's Payment The County agrees to. provide the Service Provider a maximum sum of $35,000.00 ("Funds") for the term of this Agreement. Responsibilities of Service Provider Service Provider will be responsible for providing the following Services pursuant to this Agreement: 1. Completing all necessary application forms to potentially eligible indigent individuals. 2. Obtaining and compiling information on each applicant for Service Provider's Services with regard to residency and financial qualifications. 3. Maintaining this Agreement. 4. Provision of the Service Provider's Services as defined herein. 5. Maintaining data files on clients/patients and the Services provided thereto. 6. Responding to all and any inquiries by the County regarding the Service Provider and its Services. 7. Assisting the County with information needed for audit purposes. 8. Providing the County with quarterly financial statements. 9. Providing the County with any and all certified audits of Service Provider and the management letter prepared in connection therewith. 10. Providing financial statements evidencing how County funds are spent. Such statements to be submitted to County one (1) week prior to the funding dates set forth herein above. 11. Providing the County with statistics evidencing the number of Brazos County Easter Seals Greater Houston V0 I. Pg. ao a Page 2 ofI S residents using the Service Provider's Services and the percentage Brazos County residents comprise of the total population using Service Provider's services. Record Retention The Service Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The Service Provider agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy, and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the Service Provider with funding. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. Accountinq and Audit The Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. Discrimination The Service Provider shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Service Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rated of pay or other forms of compensation; and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Easter Seals Greater Houston Page 3 oflS Confidentiality The Service Provider shall comply with applicable local, State and Federal statutes, laws and regulations as well as administrative rules regarding confidential records or other information obtained by the Service Provider concerning persons served under this Agreement. The records and information shall be protected by the Service Provider from unauthorized disclosure. Health Insurance Portability and Accountability Act. The Service Provider certifies that it is in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Public Law No. 104-191, 45 CFR Parts 160, 162 and 164, the Social Security Act 42 U.S.C. 1320d-2 through 1320d-7, in that such Service Provider may not use or disclose protected health information other than as permitted or required by law and agrees to use appropriate safeguards to prevent use or disclosure of the protected health information. The Service Provider shall maintain for a minimum of six (6) years all protected health information. Indemni The Service Provider agrees to and shall indemnify and hold harmless and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of any kind, including claims of respondent superior or vicarious liability, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of Agreement arising out of or in connection with any work done by the Service Provider pursuant to this Agreement. Insurance Each party to this agreement is responsible for maintaining its own liability insurance and worker's compensation insurance, and each party will provide proof of same to the other party on request. The Service Provider shall maintain during the term of this Agreement a $1,000,000.00 malpractice insurance policy and a General Liability Policy of $1,000,000.00 naming Brazos County, as an additional insured. Such coverage shall be designated as primary over any coverage Brazos County may have in force. Service Provider shall provide a Certificate of Insurance for both policies which shall provide for a fifteen (15) days advance notice to County of the cancellation of such policy. Independent Contractor In all activities or Services performed hereunder, the Service Provider is an independent contractor, and not an agent or employee of the County. The Service Provider, as an independent contractor, shall be responsible for all medical services Easter Seals Greater Houston Vol ion Pg. ao � Page 4 of 15 provided and medical decisions made pursuant to the terms of this Agreement. The Service Provider shall supply all materials, equipment and labor required for providing of medical services as required herein. The Service Provider shall have ultimate control over the execution of the work under this Agreement. County shall have no control over any decision, recommendation, or action taken by the Service Provider pursuant to this Agreement. The County assumes no liability for actions of the Service Provider under this Agreement, including, but not limited to, the negligent acts and omissions of Service Provider's agents, employees and subcontractors in their performance of the Service Provider's duties as described under this Agreement. The Provider agrees to hold harmless Brazos County against any and all liability, loss, damage, cost or expenses, including attorney's fees,. arising from the intentional torts, negligence or breach of Agreement of the Service Provider, with the exception of acts performed in conformance with an explicit, written directive of the County, through its authorized agents. The Service Provider may not subcontract any portion of this Agreement nor delegate any duties hereunder without prior written approval by Brazos County. In emergencies, the Service Provider will request approval in writing within at least (24) twenty-four hours of the use of a subcontractor to fulfill any obligations of this Agreement. Licensing The Service Provider is required to maintain all applicable licensing permits to practice medicine. All permits to or certification necessary to operate the Provider's clinics shall also be maintained. Copies of any applicable licenses are to be filed with Brazos County. Events of Default: The following shall be considered events of default: a. Failure to maintain license to practice medicine or any restrictions being placed upon such license by the Texas State Board of Medicine making the providing of services hereunder impossible or difficult. b. Failure to maintain all permits and licenses necessary to keep Service Provider's clinics in operation. c. Cancellation of Service Provider's medical malpractice insurance. Upon an event of default, the County may terminate this Agreement on three (3) days written notice mailed by certified mail return receipt requested to the address listed below. Easter Seals Greater Houston Page 5 of15 Right of Audit and Monitoring Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. Notices All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, registered mail to the other party at the following addresses: Easter Seals Greater Houston C/O CEO 4888 Loop Central Dr., Suite 200 Houston, TX 77081 Further Assurances Brazos County C/O Commissioners Court 200 S. Texas Ave., Suite 310 Bryan, Texas 77803 Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. Easter Seals Greater HoustonVO a e Fog. g. �� Page 6 of 15 Severability In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. Amendments This Agreement may be modified or amended at any time during its term by mutual consent of the parties, expressed in writing, and signed by the parties. Waiver No failure of Brazos County to assert any right or remedy hereunder will act as a waiver of its right to assert such right or remedy at a later time nor constitute a "course of business" upon which Service Provider may rely, for the purpose of denial of such a right or remedy to Brazos County. Prior Notification The Service Provider agrees to notify Brazos County prior to issuing public announcements or press releases concerning work done pursuant to this Agreement, or funded in whole or in part by this Agreement, and to cooperate with Brazos County in joint or coordinated releases of information. Notice of Chance The Service Provider shall give thirty (30) days prior written notice to Brazos County, if there is a change in the Service Provider's legal status, federal employer identification number (FEIN) or address. Brazos County reserves the right to take any and all appropriate action. The Service Provider agrees to hold harmless Brazos County for any acts or omissions by the County resulting from the Service Provider's failure to notify of these changes. In the event Service Provider becomes a party to any litigation, investigation or transaction that may reasonably be considered to have a material impact on its ability to perform under this Agreement, the Service Provider will immediately notify Brazos County in writing. Tax Exempt Status As a political subdivision of the State of Texas, Brazos County is tax exempt. Tax exemption certification will be furnished upon request. Easter Seals Greater Houston Page 7 ofI S k./®i. �D Pg. aQ17 Sovereian Immuni This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable Federal and. State law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. Assignability This Agreement is not assignable by the Service Provider without the prior written consent of the County. Fiscal Funding Clause Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement and any extensions thereto. The Service Provider or any other person or entity directly or indirectly employed by the Service Provider or any other person or entity to whom the Service Provider may be liable to, shall have no right of action against the County in the event the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In _the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Agreement by written notice to the Service Provider at the earliest possible time under the circumstances. Entire Agreement This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. Easter Seals Greater Houston @i � o i , � Page 8 of 35 o pg. In witness whereof, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. SERVICE PROVIDER o Easter Seals Greater Houston Date Elise Hougj CEO BRAZOS COUNTY, TEXAS Duane Pe rs Dat County Judge ATTEST: r Easter Seals Greater Houston Pw rge 9 of7S Vol. 3Oa pg.(&b9 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. 41320(d) ("HIPAA"). The parties acknowledge that federal regulations relating to the confidentiality of individually identifiable health information require covered entities to comply with the privacy standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160 and 164, subparts A and E ("the Privacy Rule") and the security standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160, 162 and 164, subpart C ("the Security Rule"). Collectively, the Privacy Rule and the Security Rule are referred to herein as "HIPAA Rules." The HIPAA Rules, as well as any applicable state confidentiality laws, require Covered Entity to ensure that business associates who receive confidential information in the course of providing services on behalf of Covered Entity comply with certain obligations regarding the confidentiality of health information. "Covered Entity" and "Business Associate" are defined in the HIPAA Rules, and for the purposes of this Agreement, shall refer to Brazos County and Service Provider, respectively. B. Purposes for which Protected Health Information May Be Used or Disclosed. In connection with the services provided by Business Associate on behalf of Covered Entity pursuant to this Agreement, Covered Entity may use and disclose protected health information ("PHI"), as defined in the HIPAA Rules. C. Business Associate Obligations. Business Associate agrees to comply with applicable federal and state confidentiality and security laws, including, but not limited to the Privacy Rule and Security Rule, including without limitation: 1. Use of Protected Health Information ("PHI"). Business Associate shall not use PHI except as necessary to fulfill the purposes of this Agreement. Business Associate is permitted to use and disclose PHI as necessary for the proper management and administration of Business Associate or to carry out its legal responsibilities and its responsibilities under this Agreement. However, Business Associate shall in such case: (a) provide training to members of its workforce regarding the confidentiality requirements in the HIPAA Rules and this Agreement; (b) obtain reasonable assurances from the person to whom the information is disclosed that it will be held confidential and further used and disclosed only as required by law or for the purpose for which it was disclosed to the person or entity; Easter Seals Greater Houston Page 10 of 15 Vol. O pg, '.1O (c) agree to notify the Covered Entity of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the HIPAA Rules; and (d) ensure that all disclosures of PHI are subject to the principle of "minimum necessary use and disclosure," i.e., only PHI that is the minimum necessary to accomplish the intended purpose of the use, disclosure, or request may be disclosed. 2. Disclosure to Third Parties. If Business Associate discloses PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, to agents, including a subcontractor, Business Associate shall require the agent to agree to the same restrictions and conditions that apply to Business Associate under this Agreement. Business Associate shall ensure that any agent, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect the confidentiality, integrity, and availability of the electronic PHI that it creates, receives, maintains, or transmits on behalf of the Covered Entity. Business Associate shall be fully liable to Covered Entity for any acts, failures or omissions of the Agent in providing the services as if they were Business Associate's own acts, failures or omissions, to the extent permitted by law. Business Associate further expressly warrants that its Agents will be specifically advised of, and will comply in all respects with, the terms of this Agreement. 3. Data A-ggregation. 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 (!)the precise use is disclosed to Covered Entity and permitted by Covered Entity in its sole discretion and (ii) the de -identification is in compliance with 45 CFR §164.502(d), and any such de -identified health information meets the standard and implementation specifications for de -identification under 45 CFR §164.514(a) and (b). 5. Notice of Privacy Practices. Business Associate shall abide by the limitations of any Notice of Privacy Practices ("Notice") published by the Covered Entity of which it has knowledge. Covered Entity shall provide to Business Associate such Notice when it is adopted. Any use or disclosure permitted by this Agreement may be amended by such Notice. However, the amended Notice shall not affect permitted uses and disclosures on which Business Associate relied prior to such notice. Easter Seals Greater Houston Vol. P �I Page 11 of 15 6. Withdrawal of Consent or Authorization. In the absence of applicable court orders -governing the Business Associate's responsibilities, if the use or disclosure of PHI in this agreement is based upon an individual's specific consent or authorization for the use of his or her PHI, and the individual revokes such consent or authorization in writing, or the effective date of such authorization has expired, or the consent or authorization is found to be defective in any manner that renders it invalid, Business Associate shall, if it has notice of such revocation, expiration or invalidity, to cease the use and disclosure of any such individual's PHI except to the extent it has relied on such use or disclosure, or where an exception under the Privacy Rule expressly applies. 7. Use or Disclosure That Would Violate HIPAA. Business Associate is prohibited from further use or disclosure of PHI in a manner that would violate the requirements of the HIPAA Rules if the PHI were used or disclosed by the Covered Entity. 8. Safeguards. Business Associate shall maintain appropriate safeguards to ensure that PHI is not used or disclosed other than as provided by this Agreement or as Required by Law. Business Associate shall implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any electronic PHI it creates, receives, maintains, or transmits on behalf of Covered Entity. 9. Records Management. Upon termination of this Agreement, Business Associate agrees to return or destroy all PHI received from Covered Entity that Business Associate maintains in any form and shall comply with federal and state laws as they may be amended from time to time governing the maintenance or retention of PHI. If the return or destruction of PHI is not feasible, Business Associate agrees to extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. 10. Individual Rights Regarding Designated Record Sets. If Business Associate maintains a designated record set (as defined in the HIPAA Rules) on behalf of Covered Entity, Business Associate agrees as follows: (a) Correction of PHI. Business Associate agrees that it will amend PHI maintained by Business Associate as requested by Covered Entity. (b) Individual Right to Copy or Inspection. Business Associate agrees that, if it maintains PHI in a designated record set for the Covered Entity, it will permit an individual to inspect or copy PHI about the individual in that set under conditions and limitations required under Easter Seals Greater Houston Page 12 of I S 45 CFR §164.524. The Covered Entity is required to take action on such requests as soon as possible but not later than 30 days following receipt of the request. Business Associate agrees to make reasonable efforts to assist Covered Entity in meeting this deadline, to the extent the requested information is maintained by Business Associate and not the Covered Entity. The information shall be provided in the form or format requested, if it is readily producible in such form or format; or in summary, if the individual has agreed in advance to accept the information in summary form. A reasonable, cost -based fee for copying health information may be charged. (c) Individual Right to Amendment. Business Associate agrees, if it maintains PHI in a designated record set, to make amendments to PHI at the request and direction of Covered Entity pursuant to 45 CFR §164.526. If Business Associate maintains a record in a designated record set that is not also maintained by Covered Entity, Business Associate agrees that it will accommodate an individual's right to have access to and amend PHI about the individual in a designated record set in accordance with the Privacy Rule set forth at 45 CFR §164.526, unless the regulation provides for a denial or exception that applies. 11. Accounting of Disclosures. Business Associate agrees to make available to the individual and/or the Covered Entity from whom the PHI originated, information required for an accounting of disclosures of PHI with respect to the .individual, in accordance with 45 CFR §164.528, and incorporating exceptions to such accounting designated under the regulation. Such accounting is limited to disclosures that were made in the six (6) years prior to the request (not including any disclosures prior to the compliance date of the Privacy Rule). (a) Covered Entity is required to take action on such requests as soon as possible but not later than 60 days following receipt of the request. Business Associate agrees to use its best efforts to assist Covered Entity in meeting this deadline. (b) Such accounting must be provided without cost to the individual or Covered Entity if it is the first accounting requested by an individual within any 12 month period; however, a reasonable, cost -based fee may be charged for subsequent accountings if Business Associate informs the individual in advance of the fee and is afforded an opportunity to withdraw or modify the request. (c) Such accounting shall be provided as long as Business Associate maintains the PHI. Easter Seals Greater Houston Page 13 ofl S D. Internal Practices, Books, and Records. Business Associate shall make available its internal practices, books, and records relating to the use and disclosure of PHI received from, created, or received by Business Associate on behalf of the Covered Entity to the U.S. Department of Heath and Human Services or its agents for the purpose of determining the Covered Entity's compliance with the HIPAA Rules, or any other health oversight agency, or to the Covered Entity. E. Indemnification. To the extent permitted by law, Business Associate agrees to indemnify and hold harmless Covered Entity from and against all claims, demands, liabilities, judgments or causes of action of any nature for any relief, elements of recovery or damages recognized by law (including, without limitation, attorney's fees, defense costs, and equitable relief), for any damage or loss incurred by Covered Entity arising out of, resulting from, or attributable to any acts or omissions or other conduct of Business Associate or its agents in connection with the performance of Business Associate's or its agents' duties under this Agreement. This indemnity shall apply even if Covered Entity is alleged to be solely or jointly negligent or otherwise solely or jointly at fault; provided, however, that a trier of fact finds Covered Entity not to be solely or jointly negligent or otherwise solely or jointly at fault. This indemnity shall not be construed to limit Covered Entity's rights, if any, to common law indemnity. Covered Entity shall have the option, at its sole discretion, to employ attorneys selected by it to defend any such action, the costs and expenses of which shall be the responsibility of Business Associate. Covered Entity shall provide Business Associate with timely notice of the existence of such proceedings and such information, documents and other cooperation as reasonably necessary to assist Business Associate in establishing a defense to such action. These indemnities shall survive termination of this agreement and Covered Entity reserves the right, at its option and expense, to participate in the defense of any suit or proceeding through counsel of its own choosing. F. Mitigation. If Business Associate violates this Agreement or the HIPAA Rules, Business Associate agrees to mitigate any damage caused by such breach. G. Rights of Proprietary Information. The Covered Entity retains any and all rights to the proprietary information, confidential information, and PHI it releases to Business Associate. H. Termination for Breach. Without limiting the termination provisions herein, if Business Associate breaches any provision in this Section entitled "Use and Disclosure of PHI", Covered Entity may, at its option, access and audit the records of Business Associate related to its use and disclosure of PHI, require Business Associate to submit to monitoring and reporting, and such other conditions as Covered Entity may determine is necessary to ensure compliance Easter Seals Greater Houston Vo 6 , 3co Pg --004 Page 14 of 15 with this Article; or Covered Entity may terminate this Agreement on a date specified by Covered Entity. Reference. Any reference in this Section entitled "Use and Disclosure of PHI" means the section of the Privacy Rule or the Security Rule, as applicable, as in effect or as amended. J. Amendment. Business Associate and Covered Entity agree to take such action as is necessary to amend this Section entitled "Use and Disclosure of PHI" from time to time in order to allow Covered Entity to comply with the HIPAA Rules and any applicable state confidentiality laws. K. Precedent and Ambiguity. If any term of this Section entitled "Use and Disclosure of PHI" conflicts with another term of this Agreement, the term contained in this Section shall be controlling. Any ambiguity in this Section entitled "Use and Disclosure of PHI" shall be resolved to permit Covered Entity to comply with the HIPAA Rules. L. Survival of Key Provisions. The provisions of this Section entitled "Use and Disclosure of PHI" shall survive the termination of this Agreement. Accepted: Easter Seals Greater Houston clage lS of 15 Vol.2)W Pg. House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, haps://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. htips:/Ammy.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code; 1. "Boycott Israel° means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, Inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: C-34Y'Q.A� 5VAL4 Old QdPA-W NOUS `, 12 C Authorized Company Representative. L -9.L Sr- V1% t!4 W Address: /+M "of canes `-- 0A - S115 T Oy Date: `rM Av%, Contract M !210 — 0'(D U C>1-1 1-� CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos, t - 4 and 6 If there are Interested parties. Complete Nos. 1, 2, 3, s, and a If there are no Interested parties. OFFICE USE ONLY CERTIFICATION OF FiLING Certificate Number: 2019.539038 Date Filed: 09112/2019 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Easter Seals of Greater Houston, Inc. Houston, TX United States 2 Nameof governmental entty or state agency that is a patty tot the contract for Which the form is being filed, Brazps County Commissioners 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. 20.040 Early Intervention services to babies and toddlers in Brazos County 4 Name of Interested Patty City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only.11 there is NO Interested Party. X 6 UNSWORN DECLARATION My name is _ S� i U<� �'Y and my date of birth Is Myaddressis_ AM 'LOU q ALS (}g f!f)��,tt-% �P US^. (street) (city) (state) (zip code) (country) i declare under penalty of perjury that the foregoing is true and correct. Exeavted In _ 1:Wi County, State of on the spay of , 20 (month) (year) Signature of orized agent of contracting business entity (Dederant) Forms provided by Texas Ethics Commission - www.ethics.state.tx•us Vercinn VIA _AaFinaPJrt FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND HEALTH FOR ALL, INC. THIS FUNDING AGREEMENT ("Agreement") effective October 1, 2019 is entered into by and between Brazos County, Texas, acting by and through its duly elected County Commissioners (hereinafter "County"), and the Health for All, Inc. (hereinafter "Service Provider"), located at P.O. Box 5913, Bryan, Texas 77805, RECITALS WHEREAS, the medical care of the County's eligible indigent population has become a growing problem; and WHEREAS, pursuant to Chapter 61 County is the payor of last resort for the eligible indigent county residents; and of the Texas Health and Safety Code, the provision of basic health care services to WHEREAS, the County is required by Chapter 61 of the Health and Safety Code to provide, as a payor of last resort, certain basic health care assistance to its eligible count residents and desires to do so through the Service Provider, NOW THEREFORE the parties agree to the following terms and conditions to provide such eligible indigent health care. AGREEMENT 1. Term The Agreement shall continue in force and effect for a term of twelve (12) months commencing on the 1st day of October, 2019 and terminating 30th day of September, 2020. 2. Cancellation This Agreement may be canceled by any of the parties hereto upon sixty (60) days written notice as provided herein. 3. Services to be Performed by Service Provider Service Provider shall provide the following services through trained, staff to qualified county residents pursuant to the guidelines currently implemented for making such determination: physical exams, educational information, information on sources of prescription medication and/or access to "sample" or subsidized medications, coordination of physician care during hospitalization (collectively "Services"). Health For All Agreement Page l of 15 von. a�D Pg. a�� 4. Use of County Funds Funds to be furnished to Service Provider as stated below shall be used provide support for the increase in providers, operations, and access to healthcare. The primary goal of the project is to expand the capacity at the free clinic thereby improving access to chronic disease management and preventive services for the indigent population in the region. The County and Service Provider acknowledge that the County's purpose in providing funds hereunder is to provide medical assistance to eligible indigent applicants and help expand access to primary care clinic space, hours, and clinic staffing and that trained personnel of Service Provider is designed to accomplish these goals. Funds will not be used to purchase or build a clinic or office nor will they be used to purchase land. 5. County's Payment The County agrees to provide the Service Provider a maximum sum of $25,000.00 ("Funds") for the term of this Agreement. The Funds shall be paid in equal installments quarterly. 6. Responsibilities of Service Provider Service Provider will be responsible for providing the following Services pursuant to this Agreement: 6.1 Completing all necessary application forms to potentially eligible indigent individuals. 6.2 Obtaining and compiling information on each applicant for Service Provider's Services with regard to residency and financial qualifications. 6.3 Maintaining this Agreement. 6.4 Provision of the Service Provider's Services as defined herein. 6.5 Maintaining data files on clients/patients and the Services provided thereto. 6.6 Responding to all and any inquiries by the County regarding the Service Provider and its Services. 6.7 Assisting the County with information needed for audit purposes. 6.8 Providing the County with quarterly financial statements. 6.9 Providing the County with any and all certified audits of Service Provider and the management letter prepared in connection therewith. Health For All Agreement Page 2 ofIS Vol. "�)D_ pg. QA 6.10 Providing financial statements evidencing how County funds are spent. Such statements to be submitted to County one (1) week prior to the funding dates set forth herein above. 6.11 Providing the County with statistics evidencing the number of Brazos County residents using the Service Provider's Services and the percentage Brazos County residents comprise of the total population using Service Provider's services. 7. Record Retention The Service Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The Service Provider agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy, and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the Service Provider with funding. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. 8. Accounting and Audit The Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. 9. Discrimination The Service Provider shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Service Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national Heallb For All Agreenienl Page 3 ofI5 origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rated of pay or other forms of compensation; and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 10. Confidentiality The Service Provider shall comply with applicable local, State and Federal statutes, laws and regulations as well as .administrative rules regarding confidential records or other information obtained by the Service Provider concerning persons served under this Agreement. The records and information shall be protected by the Service Provider from unauthorized disclosure. 11. Health Insurance Portability and Accountability Act. The Service Provider certifies that it is in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Public Law No. 104-191, 45 CFR Parts 160, 162 and 164, the Social Security Act 42 U.S.C. 1320d-2 through 1320d-7, in that such Service Provider may not use or disclose protected health information other than as permitted or required by law and agrees to use appropriate safeguards to prevent use or disclosure of the protected health information. The Service Provider shall maintain for a minimum of six (6) years all protected health information. 12. Indemnity The Service Provider agrees to and shall indemnify and hold harmless and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of any kind, including claims of respondent superior or vicarious liability, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of Agreement arising out of or in connection with any work done by the Service Provider pursuant to this Agreement. 13. Insurance Each party to this agreement is .responsible for maintaining its own liability insurance and worker's compensation insurance, and each party will provide proof of same to the other party on request. The Service Provider shall maintain during the term of this Agreement a $1,000,000.00 malpractice insurance policy and a General Liability Policy of $1,000,000.00 naming Brazos County, as an additional insured. Such coverage shall' be designated as primary over any coverage Brazos County may have in force. Service Provider shall provide a Certificate of Insurance for both policies which shall provide for a fifteen (15) days advance notice to County of the cancellation of such policy. Health For A11 Agreement Page 4 ofIS In.s �� '� • ♦ � 14. Independent Contractor In all activities or Services performed hereunder, the Service Provider is an independent contractor, and not an agent or employee of the County. The Service Provider, as an independent contractor, shall be responsible for all medical services provided and medical decisions made pursuant to the terms of this Agreement. The Service Provider shall supply all materials, equipment and labor required for providing of medical services as required herein. The Service Provider shall have ultimate control over the execution of the work under this Agreement. County shall have no control over any decision, recommendation, or action taken by the Service Provider pursuant to this Agreement. 14.1 The County assumes no liability for actions of the Service Provider under this Agreement, including, but not limited to, the negligent acts and omissions of Service Provider's agents, employees and subcontractors in their performance of the Service Provider's duties as described under this Agreement. The Provider agrees to hold harmless Brazos County against any and all liability, loss, damage, cost or expenses, including attorney's fees, arising from the intentional torts, negligence or breach of Agreement of the Service Provider, with the exception of acts performed in -conformance with an explicit, written directive of the County, through its authorized agents. 14.2 The Service Provider may not subcontract any portion of this Agreement nor delegate any duties hereunder without prior written approval by Brazos County. In emergencies, the Service Provider will request approval in writing within at least (24) twenty-four hours of the use of a subcontractor to fulfill any obligations of this Agreement. 15. Licensina The Service Provider is- required to maintain all applicable licensing permits to practice medicine. All permits to or certification necessary to operate the Provider's clinics shall also 'be maintained. Copies of any applicable licenses .are to be tiled with Brazos County, 16. Events of Default: The following shall be considered events of default: 16.1 Failure to maintain license to practice medicine or any restrictions being placed upon such license by the Texas State Board of Medicine making the providing of services hereunder impossible or difficult. 16.2 Failure to maintain all permits and licenses necessary to keep Service Provider's clinics in operation. Health ForAllAgree»iew Page S of15 voi..�._ Pg. aaa 16.3 Cancellation of Service Provider's medical malpractice insurance. Upon an event of default, the County may terminate this Agreement on three (3) days written notice mailed by certified mail return receipt requested to the address listed below. 17. Richt of Audit and Monitoring Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Service Provider agrees to maintain such- records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such, records. Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel- or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit. will be solely paid for by the Service Provider. 18. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 19. Notices All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, registered mail to the other party at the following addresses: Health for All, Inc. C/O Executive Director P.O. Box 5913 Bryan, Texas 77805 Health For All Agreement Brazos County C/O Commissioners Court 200 S. Texas Ave., Suite 310 Bryan, Texas 77803 Page 6 of IS 20. Further Assurances Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. 21. Severabiilty. In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. 22. Amendments This Agreement may be modified or amended at any time during its term by mutual consent of the parties, expressed in writing, and signed by the parties. 23. Waiver No failure of Brazos County to assert any right or remedy hereunder will act as a waiver of its right to assert such right or remedy at a later time nor constitute a "course of business" upon which Service Provider may rely, for the purpose of denial of such a right or remedy to Brazos County. 24. Prior Notification The Service Provider agrees to notify Brazos County prior -to issuing public announcements or press releases concerning work done pursuant to this Agreement, or funded in whole or in part by this Agreement, and to cooperate with Brazos County in joint or coordinated releases of information. 25. Notice of Change 25:1 The Service Provider shall give thirty (30) days prior written notice to Brazos County, if there is a change in the Service Provider's legal status, federal employer identification number (FEIN) or address. Brazos County reserves the right to take any and all appropriate action. The Service Provider agrees to hold harmless Brazos County for any acts or omissions by the County resulting from the Service Provider's failure to notify of these changes. 25.2 In the event Service Provider becomes a party to any litigation, investigation or transaction that may reasonably be considered to have a material impact on its ability to perform under this Agreement, the Service Provider will immediately notify Brazos County in writing. Health For All Agreenien! � Vol. _ Pg. aa�l Page 7 of 15 26. Tax Exempt Status As a political subdivision of the State of Texas, Brazos County is tax exempt. Tax exemption certification will be furnished upon request. 27. Sovereian Immunity This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable Federal and State law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. 28. Assignability This Agreement is not assignable by the Service Provider without the prior written consent of the County. 29. Fiscal Funding Clause Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement and any extensions thereto. The Service Provider or any other person or entity directly or indirectly employed by the Service Provider or any other person or entity to whom the Service Provider may be liable to, shall have no right of action against the County in the event the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. in the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in Its sole discretion, terminate this Agreement by written notice to the Service Provider at the earliest possible time under the circumstances. 30. Governina Law and Venue This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that .this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, . Texas, notwithstanding anything to the contrary. Healdb For A11 Agreement Page 8 ojl5 vol. Pg.�5._ 31. Entire Agreement This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. In witness whereof, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. SERVICE PROVIDER 3 ea Ali, Inc. Date Executive Director BRAZOS COUNTY, TEXAS Duane Peters County Judge ATTEST: R2�1� Dat Health For All Agreement Vol. --a)co Pg. aa(.D Page 9 ofI5 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. §13200 ("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; (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; Health For All Agreement vae. �� �g. �7 Page 10 offs (c) agree to notify the Covered Entity of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the HIPAA Rules; and (d) ensure that all disclosures of PHI are subject to the principle of "minimum necessary use and disclosure," i.e., .only PHI that is the minimum necessary to accomplish the intended purpose of the use, disclosure, or request.may be disclosed. 2. Disclosure to Third Parties. If Business Associate discloses PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, to agents, including a subcontractor, Business Associate shall require the agent to agree to the same restrictions and conditions that apply to Business Associate under this Agreement. Business Associate shall ensure that any agent, including a subcontractor, agrees to implement.reasonable and appropriate safeguards to protect the confidentiality, .integrity, and availability of the electronic PHI that it creates, receives, maintains, or transmits on behalf of the Covered Entity. .Business Associate shall be fully liable to Covered Entity for any acts, failures or omissions of the Agent in providing the services as if they were Business Associate's own acts, failures or omissions, to the extent permitted by law. Business Associate further expressly warrants that its Agents will be specifically advised of, and will comply in all respects with, the terms of this Agreement. 3. Data Aggregation. In the event that Business Associate works for more than one Covered Entity, Business Associate is permitted to use and disclose PHI, but only in order to analyze data for permitted health care operations, and only to the extent that such use is permitted under the HIPAA Rules or the issuing court's orders. 4. De -identified Information. Use and disclosure of de -identified health information is permitted, but only If (I) the precise use is disclosed to Covered Entity and permitted by Covered Entity in its sole discretion and (ii) the de -identification is In compliance with 45 CFR §164.502(d), and any such de -identified health information meets the standard and implementation- specifications for de -identification under 45 CFR §164.514(a) and (b). 5. Notice of Privacy Practices. Business Associate shall abide by the limitations of any Notice of Privacy Practices ("Notice") published by the Covered Entity of which it has knowledge. Covered Entity shall provide to Business Associate such Notice when it is adopted. Any use or disclosure permitted by this Agreement may be amended by such Notice. However, the amended Notice shall not affect permitted uses and disclosures on which Business Associate relied prior to such notice. Health For All Agreement Page 11 ofI5 6. Withdrawal of Consent or Authorization. In the absence of applicable court orders governing the Business Associate's responsibilities, if the use or disclosure of PHI in this agreement- is based _upon an. individual's. specific. consent or authorization for the use of his or her PHI, and the individual revokes such consent or authorization in writing, or the effective date of such authorization has expired, or the consent or authorization is found to be defective in any manner that renders it invalid. Business 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 Managerrment. Upon termination of this Agreement, Business Associate agrees to return or destroy all PHI received from Covered Entity that Business Associate maintains in any form and shall comply with federal and state laws as they may be amended from time to time governing the maintenance or retention of PHI. If the return or destruction of PHI is not feasible, Business Associate agrees to extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. 10. Individual Rights Regarding Designated Record Sets. If Business Associate maintains a designated record set (as defined in the HIPAA Rules) on behalf of Covered Entity, Business Associate agrees as follows: (a) Correction of PHI. Business Associate agrees that it will amend PHI maintained by Business Associate as requested -by Covered Entity. .(b) Individual Right to Copv.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 Health For All Agreement Page 12 ofIS 45 CFR §164.524. The Covered Entity is required to take action on such requests as soon as possible but not later than 30 days following receipt of the request. Business Associate agrees to make reasonable efforts to assist Covered Entity in meeting this deadline, to the extent the requested information is maintained by Business Associate and not the Covered Entity. The information shall be provided in the form or format requested, if it is readily producible in such form or format; or in summary, if the individual has agreed in advance to accept the information in summary form. A reasonable, cost -based fee for copying health information may be charged. (c) Individual Right to Amendment. Business Associate agrees, if It maintains PHI in a designated record set, to make amendments to PHI at the. request and direction of Covered Entity pursuant to 45 CFR §164.526. If Business Associate maintains a record in a designated record set that is not also maintained by Covered Entity, Business Associate agrees that it will accommodate an individual's right to have access to and amend PHI about the individual in a designated record set in accordance with the Privacy Rule set forth at 45 CFR §164.526, unless the regulation provides for a denial or exception that applies. 11. Accounting of Disclosures. Business Associate agrees to make available To' the individual and/or the Covered Entity from whom the PHI originated, information required for an accounting of disclosures of PHI with respect to the individual, in accordance with 45 CFR §164.528, and incorporating exceptions to such accounting designated under the regulation. Such accounting is limited to disclosures that were made in the six (6) years prior to the request (not including any disclosures prior to the compliance date of the Privacy Rule). (a) Covered Entity is required to take action on such requests as soon as possible but not later than 60 days following receipt of the request. Business Associate agrees to use its best efforts to assist Covered Entity in meeting this deadline. (b) Such accounting must be provided without cost to the. individual or Covered Entity !fit 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. Health ForAll Agreement Pa a 13 ojl5 V®I. 300 Pg. o_ D. internal Practices. Books. and Records. Business Associate shall make available its internal practices, books, and records relating to the use and disclosure of PHI received from, created, or received by Business Associate on behalf of the Covered Entity to the U.S. Department of Heath and Human Services or its agents for the purpose of determining the Covered Entity's compliance.with the HIPAA Rules, or any other health oversight agency, or to the Covered Entity. E. indemnification. To the extent permitted by law, Business Associate agrees to indemnify and hold harmless Covered Entity from and against all claims, demands, liabilities, judgments or causes of action of any nature for any relief, elements of recovery or damages recognized by law (including, without limitation, attorney's fees, defense costs, and equitable relief), for any damage or loss incurred by Covered Entity arising out of, resulting from, or attributable to any acts or omissions or other conduct of Business Associate or its agents in connection with the performance of Business Associate's or its agents' duties under this Agreement. This indemnity shall apply even if Covered' Entity is alleged to be solely or jointly negligent or otherwise solely or jointly at fault; provided, however, that a trier of fact finds Covered Entity not to be solely or jointly negligent or otherwise solely or jointly at fault. This indemnity shall not. be construed to limit Covered Entity's rights, if any, to common law indemnity. Covered Entity shall have the option, at its sole discretion, to employ attorneys selected by it to defend any such action, the costs and expenses of which shall be the responsibility of Business Associate. Covered Entity shall provide Business Associate with timely notice of the existence of such proceedings and such information, documents and other cooperation as reasonably necessary to assist Business Associate in establishing a defense to such action. These indemnities shall survive termination of this agreement and Covered Entity reserves the right, at its option and expense, to participate in the defense of any suit or proceeding through counsel of its own choosing. F. Mitigation. If Business Associate violates this Agreement or the HIPAA Rules Business Associate agrees to mitigate any damage caused by such breach G. Rights of Proprietary Information. The Covered Entity retains any and all rights to the proprietary information, confidential information, and PHI it releases to Business Associate. H. Termination. for Breach. Without limiting the termination provisions herein, if Business Associate breaches any provision in this Section entitled "Use and Disclosure of PHI", Covered Entity may, at its option, access and audit the records of Business Associate related to its use and disclosure of PHI, require Business Associate to submit to monitoring and reporting, and such other conditions as Covered Entity may determine is necessary to ensure compliance Health For All Agreement Page 14 of IS Vol. 30o pg. 0231 with this Article; or Covered Entity may terminate this Agreement on a date specified by Covered Entity. Reference. Any reference in this Section entitled "Use and Disclosure of PHI" _means the section of the Privacy Rule or the Security Rule, as applicable, as in effect or as amended. J. Amendment Business Associate and Covered Entity agree to take such action as is necessary to amend this Section entitled "Use and Disclosure of PHP' from K. Precedent and Ambiguity. If any term of this Section entitled "Use and .Disclosure of PHP' conflicts with another term of this Agreement, the term contained in this Section shall be controlling. Any ambiguity in this Section entitled "Use and Disclosure of PHP' shall be resolved to permit Covered Entity to comply with the HIPAA Rules. L. Survival of Key Provisions. The provisions of this Section entitled "Use and Disclosure of PHI" shall survive the termination of this Agreement. Acceoted: Health Foi•A11 Agreehnen( VOL Pg. a3 a Page 15 oj15 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:/Iwww.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 fist as described in Executive Order 13224. Entities Ineligible for federal procurement are listed at https:/Iwww.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms; that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas 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 Authorized Company Contract #:_ ,�. D ` O 3 1 Y� I Vnl. -.3CO Pg. X33 ' CERTIFICATE OF INTERESTED PARTIES FORM 129 lof 1. Complete Nos, l - 4 and 6 if there are interested pardes. Complete Nos, 1, 2, 3, 5, and 6 if there are no Interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2019-536296 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Health For All Bryan, TX United States Date Filed: 09/04/2019 2 Name of governmental entity or state agency that is a party to the contract for which the form Is being filed. Brazos County Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract 20-039 Free clinic for the uninsured 4 Name of Interested Party City, State, Country (place of business) Nature of Interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION ,�, ff'� �1 My name Is El iza If�'C�t'Yl N � �. Ck .ft..� and my date of birth is y-1 / o14 % S, My addressis lVSA (street) �Ch) (state) (zip code) (country) I declare under penalty of perjurythat the foregoinq is true and correct Executed to CSS County, State of Q , on the day of ' 20A, (i on) (year) i I Sig of autho ' d ar of contracting business entity eelara ) Forms nrovided by Texa_S Fthies rnmmiccinn .. %--11 version v1.1.3a6aaf7d voi.. ae)2 pg. o,B 4 Plan Agreement for Plan Year 2020 Brazos County — 120 Effective as of Jan. I, 2020 Bas>Ic PlanOptions�;M0k Employee Deposit Rate: Employer 'Iatching- Prior Service Credit: e=ig nw ELVity At 60 (Vesting) Rule of At Any Age Partial Lump -sum Payment at Retirement Group Term Life: 7% 225% 120% 8 years of service 75 years total age + service 30 years of service No None Elected Rate: 15.25% �Titzl Contnbim aon RatIw e_=k t Retirement Plan Rate: 15.25% Group Term Life Rate: N/A Total Contribution Rate: 15.25% Certification I certify that the plan agreement for the participation of Brazos County in TCDRS for the 2020 plan year trulyd acc rately reflects the official action taken during properly posted and noticed meeting on (mm/dd/)y) by the Commissioners Court and such action is recorded in the offic al min tes. Printed Name: 0, � �, I-V S Title: Q�_ U V CIS CountyJudge: Date: Ct TCDRS * P.O. Box 2034 * Austin, TX 78768-2034 * 800-651-3848 * Fax (5 12) 328-8887 * www.tcdrs.org/employer BRAZOS COUNTY HUMAN RESOURCES DEPARTMENT 200 S. TEXAS AVE SUITE 206, BRYAN,TX 77803 PHONE (979) 361-4114 FAX (979) 823-6993 MEMORANDUM Date: September 24, 2019 To: Commissioner's Court From: Jennifer Salazar HR Director Subject: Monthly Health and Dental Premiums for FY `20 FY `19 Premiums _ Medical .mptayees &RRetirees, > 8 years)U1tho U11ere Employed;F�tor tojAugust3.0; 201x1,= 3 .: _ V_ 1[ere.Emp(oyedRtar to�August3d, 201�1��� fes_ :�=�-g_ Employee Premium County Contribution Total Premium Employee Only $96.00 $1,073.00 $1,169.00 Employee & Spouse $517.00 $1,073.00 $1.590.00 Employee & Child $356.00 $1,073.00 $1,429.00 Employee & Family $706.00 $1,073.00 $1,779.00 ,fix Desai EmPtoyees}& Retirees(> 8years} �L1iha Were Errlplti edPar tbA1iust 30 2011: �. ,.Y. 9 x, �.�� F F V_ 1[ere.Emp(oyedRtar to�August3d, 201�1��� fes_ :�=�-g_ Employee Premium County Contribution Total Premium Employee Only $28.00 $0.00 $28.00 Employee & Spouse $74.00 $0.00 $74.00 Employee & Child $66.00 $0.00 $66.00 Employee & Family $118.00 $0.00 $118.00 FY `20 Premiums • Employees & Retirees with more than 8 years of service who were employed prior to August 30, 2011: �- ,,�'}'�Meiiic_al Etrj3Jo ees-&Retirees (>,8yearsj7Nho V_ 1[ere.Emp(oyedRtar to�August3d, 201�1��� fes_ :�=�-g_ Employee Premium Employee Premium County Contribution Total Premium Employee Only $124 $1,274 $1,398 Employee & Spouse $551 $1,274 $1,825 Employee & Child $388 $1,274 $1,662 Employee & Family $742 $1,274 $2,016 • $50/month discount on the Employee Premium, if they completed the Wellness Rewards Program requirements Deri al Em ees &Retire s`C> 8' ears Who 11Vere Emp oyed ,Prior to i ugus,� 30 20.1 Employee Premium County Contribution Total Premium Employee Only $28.00 $0.00 $28.00 Employee & Spouse $74.00 $0.00 $74.00 Employee & Child $66.00 $0.00 $66.00 Employee & Family $118.00 $0.00 $118.00 VOA. o Pa. o The County contribution will increase effective October 1, 2019. The employee premiums for Medical & Dental will increase effective January 1, 2020. • Pre -2000 Retiree insurance premiums will remain the same as last year. • Retirees with less than 8 years of service and those that were employed on/after August 30, 2011 and retire from the County will contribute as follows: Metlical?'ReUrees ,(<{8 years)�and�ThoseAlNhQ Retire;Whq Began�EmpioymentOE'1RiEe�August�34,�201,1�._. Employee Premium County Contribution Total Premium Employee Only $1,398 $0 $1,398 Employee & Spouse $1,825 $0 $1,825 Employee & Child $1,662 $0 $1,662 Employee & Family $2,016 $0 $2,016 • $50/month discount on the Employee Premium, if they completed the Wellness Rewards Program requirements Det tat, Rgfirees (� 8 years) at�d TK6i4 Who°Retif e�tWho rBegan mptoymentzO�nlAfter August 3a 2011 ' Employee Premium County Contribution Total Premium Employee Only $28.00 $0 $28.00 Employee & Spouse $74.00 $0 $74.00 Employee & Child $66.00 $0 $66.00 Employee & Family $118.00 $0 $118.00 o This increase is effective January 1, 2020. • COBRA rates are as follows: f -it ;v. 'S' P k* `Sv,..�.=5t vti ci 1 �i /� ^ p 1 4 'yYry i4 3�F'i�:_.i�i:_3f ��.'.h`S`,Med�Ci�t�JtJBfll�i�i't Y'cS Employee Premium County Contribution Total Premium Employee Only $1,425.96 $0 $1,425.96 Employee & Spouse $1,861.50 $0 $1,861.50 Employee & Child $1,695.24 $0 $1,695.24 Employee & Family $2,056.32 $0 $2,056.32 y �T�ngv i#�'� �N�r K{pDental _ : Employee Premium County Contribution Total Premium Employee Only $28.56 $0 $28.56 Employee & Spouse $74.46 $0-- $74.46 Employee & Child $66.30 $0 $66.30 Employee & Family $117.30 $0 $117.30 o This increase is effective January 1, 2020. ,! JPPROVED l� 'Duane Peters Date County. Judge dol . C.A-A-01 RENEWAL OF INTERLOCAL AGREEMENT BETWEEN THE CITY OF BRYAN AND BRAZOS COUNTY FOR TACTICAL PARAMEDIC SUPPORT THIS RENWAL INTERLOCAL AGREEMENT is hereby made and entered into between the CITY OF BRYAN, TEXAS a home rule municipal corporation ("Bryan") and BRAZOS COUNTY ("County"), a political subdivision of the State of Texas, each acting by and through its duly authorized "agents: WHEREAS, the respective participating governments (the "Parties") are authorized by the Interlocal Cooperation Act, Texas Government Code ("TGC"), Chapter 791, to enter into a joint agreement for the performance of governmental function of providing Paramedic Services; and WHEREAS, the Parties recognize the dangerous conditions and opportunity for injury presented during a tactical police deployment; and WHEREAS, immediate medical support within the inner perimeter of a tactical operation can be crucial to the survival of injured officers, civilians, or suspects; WHEREAS, a Bryan paramedic has been working with the County in this capacity, and both Parties wish to continue this agreement; WHEREAS, Bryan and the County entered into the original Interlocal Agreement ("ILA") commencing on June 1, 2018 through September 30, 2019, allowing four (4) additional one (1) year renewals commencing on October 11 of each subsequent year. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein and in the original "Interlocal Agreement — Tactical Paramedic Support" dated July 9, 2018, the Parties agree as follows: 1. This is the first renewal of the original ILA to commence on October 1, 2019 and to terminate at midnight on September 30, 2020, unless terminated earlier as provided by the terms of the original ILA. 2. All other Terms and Conditions shall remain the same. NOW THEREFORE, this Renewal Agreement is made and entered into this q— day of , 2019, by and between Bryan and County. This Renewal Agreement shall be effective when signed by the last party signing makes the Renewal Agreement fully executed. City of Bryan Andrew Nelson, Mayor ATTEST: Mary Lynne Stratta City Secretary APPROVED AS TO FORM: Janis K. Hampton City Attorney City of Bryan, Texas Br Cou ty Duane Peters, County Judge AW . KaFen McQueen County- , r Assistant County Attorney Brazos County, Texas ~'QTEXAS ASSOCIATION of COUNTIES *RISK MANAGEMENT POOL re v p orkers' Compensation.Renewal Questionnai _ i Brazos County Coverage Period: January 1, 2020 through January 1, 2021 Thank you for participating in the TAC Risk Management Pool's Workers' Compensation program. As we prepare your renewal, there are a few questions we need you to answer so that we can provide you the most comprehensive and cost effective coverage possible. Pursuant to the Interlocal Participation Agreement, Section 4. Annual Contribution, 4.01 requires that the member timely submit to the Pool documentation necessary for the Pool to properly underwrite the renewal. To ensure that we have up-to-date information, please fill out each page completely and make any changes directly to this document. You can also provide supplemental sheets as necessary. NOTE: Omitted information may result in an exclusion from coverage. We value your membership in the TAC Risk Management Pool and look forward to another successful year! If you have any questions or need help completing the Renewal Questionnaire, please contact your Member Services Representative (listed below) at 800-456-5974. Member Service Representative: Ms. Nelly Cano ;Email: nellyc@county.org PoolC_oordmatorlWo_rkers_'.Compensation Coordinator Our records indicate that the Member has designated the individual below as the contact for this coverage. In accordance with the terms of the Interlocal Participation Agreement, the Pool Coordinator has express authority to represent and to bind the Member, and the Pool will not be required to contact any other individual regarding matters arising from or related to this Agreement. If the Member wishes to change or update the Pool Coordinator information, please make the necessary changes below. Contact: Ms. Jennifer Salazar Office Phone Number: (979) 361-4117 Mailing Address: 200 S Texas Ave Ste 206 Email: )salazar@brazoscountytx.gov Fax Number: (979) 823-6993 City, State, Zip: Bryan, TX, 77803-3999 General information v� � , 5 M� �' � Yes or No _15- _aWa 1. Do you use a manned aircraft in any capacity? i No _ _._,__, If Yes: Are your pilots employees? If yes, please complete the Aircraft and Aircraft and Pilot info tabs. Are your pilots volunteers? If yes, and you desire to include Workers' Compensation coverage please complete the Aircraft and Aircraft and Pilot info tabs. 2. Doyou have operations involving the loading unloading. repair, or construction of watercraft or vessels, including work performed on barges or docks? No 3. Do you own, operate, or maintain a railroad, or own, lease, operate, or repair railroad equipment? _ .._ . 4. Do you engage in manufacturing, handling, transporting, distributing, or storing explosives or explosive substances (other than gasoline)? !No __ w__ _.__.._ _._ _ __. 5. Do you perform any underground, subaqueous, or tunneling operations? w ; No 6. Do you provide group transportation for employees to and from the workplace? � No _ If Yes: __ ___ ... _._ _ _._ ._-.,.._-_.. __ - - ,-_- -- - -._.. ,.._ __. _ ------ __Average number of employees in a vehicle per trip: Average Maximum number of employees in a vehicle per trip: • Average number of daily trips: 7- Do you have a County Fire Department that contracts with the state or National Forest Service to fight wildland fires? No If Yes: Please advise in the last 5 years for each fire the number of employees and duration in the explanation box below. For any "Yes" responses to the questions above, please provide a brief explanation: nraportetl Claims v ry °U _a.t✓;1:.x___ ..... -Y-.._._-.... >. �.-... r_-._. _.—.... ......>r._.-_a._s...- .....,,. s, t..___.�__- .....r_-_.. ..� _ -._ _.._ _ _ - ._. . � _ .aaaii.—_,'. ___ _.._e_ � u3.:__. __ , _ -__ ._.. Yes or No 1. Are you, or any officer or employee, aware of, or have knowledge of any circumstance, occurrence, fact or event which is likely to be a basis of a claim, either now or in the future? i No If yes, please describe: 2. Has the situation been reported to TAC Claims Department? NA Member Name:Brazos County Member acknowledges that the information submitted in this questionnaire is true and accurate, including all known potential claims. The information submitted may be used by the Pool in processing the renewal and in assessing the coverage needs of the Member. The questions posed, or any wording of the questionnaire, should not and may not be relied upon by the Member as implying that coverage exists for any particular claim or class of claims. The only coverage provided by the Pool to the Member is as described in the applicable Coverage Document, including any endorsements and the Contribution and Coverage Declaration, issued to a covered the Member makes no changes, ool wi sume the Member is reporting for the same information as in the previous applicable Coverage Period. The Member iderstaDdst#alany failure to fytty and accurate) ahswer the questionnaire and any attached documents may result in denial of coverage provided by the Pool. Signature of County Judge or presiding official of the Political Subdivision Date CZ, p,S50e t 9� z * t f co POLITICAL SUBDIVISION WORKERS' COMPENSATION ALLIANCE ELECTION FORM 2r I elect to participate in the Political Subdivision Workers' Compensation Alliance. ®I l o1 (7,01-0 Effective Date of Alliance Participation ❑ 1 elect NOT to participate in the Political Subdivision Workers' Compensation Alliance. Termination Date of Alliance Participation Brazos Cl Company Ms. Jennifer Salazar, Brazos County Human Resource Director P' d Name and Title 7 nator or Pool Coordinator Date (512) 17"753 * (800) -156.5914 • (512) -1784 519 FAX • w%%1v couutv.org • 1210 Svt Antonio. Alwin, rX 7S701 • P.O. Box 2131. Austin. TX 7876TL2131 Susan M. Redford, lierrulinr Uirrrlor nuo. `%'TEXAs ASSOCIATION Of COUNTIES RISK MANAGEMENT POOL Please enter the estimated payroll and the number of employees for calendar year 2020 in the highlighted columns. Only include payroll for Elected Officials if your Commissioners Court has selected this Optional Coverage- For Optional Coverages, refer to the next tab for instructions on reporting this payroll. Member Name: Brazos County Coverage Period. January 1, 2020 through January 1, 2021 07418 Aircraft Oper. (Patrol, Ambulan) 07423 Airport 07721 Ambulance 09016 Amusement Park, Exhibition Center 08391 Auto Mechanics 09014 Bldg. Maintenance & Janitors 05403 Carpentry (NOC) 09220 Cemetery Operations 04511 Chemical Analyst/Assayers 68809 Chief Of Commissions & Directors 08810 Clerical 05606 Co. & Drain Dist. Commissioners 08006 Commodity Dist. -Retail Grocery 05203 Concrete Consiruction-Bridges 07380 Drivers 08811 Election Personnel 05196 Electrical Wiring W/ln Buildings 08601 . Engineers, Surveyors 07704 Firefighters & Drivers 09462 Garbage Collection & Drivers 06319 : Gas Water Main Connection Constr 09066 Golf Course 08828 Homemaker Service 08833 Hospital Professional & Clerical 09040 Hospital, All Others 09033 Housing Authority & Drivers 09032 Housing Authority Mgrs & Empiys 04516 . Insect Control 08769 Inspectors, Samplers, Or Weighers Of Merchandise On Vessels Or Docks Classification 06229 Irrigation/Drainage Construct. 08812 Jurors 08742 . Juv'Probation, Collectors, Sales 07722 1 Juvenile Detention Officers 06219 Landfill Operation & Drivers, Excavation NOC 07590 Landfill, Garbage Reduction 07720 Law Enforcement 08620 Law Office 08838 Library/Museum-Prof. & Clerical 08629 Nursing Home Employees 05191 Office Technician 09015 Parking Lots & Drivers 09102 Parks 8 Recreation 08227 Permanent Yard Employees 08632 Physician Med.Lab. Minor Emer. Clinic 64299 Printing 08264 Recycling Or Shredding Workers & Drivers $565,840 12 $ 631,275.00'12 S1,788,388 64 $ 2,158,918.60 68 $569,806 14 $ 672,340.60 14 $18,512,961 373 $ 21,672,478.00 381 $126,158 60 $ 125,000.00 60 $498,256 10 $ 861,304.00 10 $103,218 2 $ 118,430.00 2 $2,304,093 53 $ 2,718,527.00 53 $1,476,409 40 $ 1,805,390.00 41 S12,877,395 295 $ 15,538,181.00 296 $165,326 3 $ 237,505.00 4 $1,358,133 25 $ 1,436,071.00 24 Vol. ?moo Pg, 343 i S 2,457,600.00 62 i t .-.-..... ......c-_.�,,.._,.._ ..-. -�-�-. ._.. -.._v... �..._-•--,._-.; _,.__...._'___ _. mss.__...-..,.. -., t - . 9 15 i S 84 429 QO i15 7 _ S , � f 5 Vol. � p9. ail �l ` rasa t,I ;R=TEXAS ASSOCIATION of COUNTIES H ••i1i.3y f .`RISK MANAGEMENT POOL If you wish to add additional coverages, please make your selection in the form below. Please note, Chapter 504 Labor Code requires political subdivisions to have a majority vote to add or remove optional coverages for Volunteers, Elected Officials, Election Workers (non -employees) or Jurors. Member Name: Brazos County Coverage Period: January 1, 2020 through January 1, 2021 'Current Optional Coverages Elected z Elected Officials Volunteers - Law Enforcement Election Workers (non -employees) "OPTIONAL COVERAGE CHANGES ONLY- - 1. ELECTED OFFICIALS Does your governing body desire this coverage? Enter Yes or No: Yes If yes, include the estimated payroll of all elected officials on the payroll tab, based on the job responsibility of the elected official. If no, do not report the estimated payroll of any elected official. 2. VOLUNTEERS Does your governing body desire this coverage? Enter Yes or No: Yes If yes, enter the estimated payroll on the payroll tab. Four classifications are available: Volunteers - Firefighters, Volunteers - Law Enforcement, Volunteers - Emergency Medical Personnel, and Volunteers - All Others. You may choose to cover any or all classifications. Please note: You can calculate annual salary by using $5,200 per volunteer, or if you have an auditable record of hours that each volunteer was on duty or participating in sponsored training you may determine the "salary" by multiplying the number of hours by the hourly wage that would have been used if the services had been provided by an employee. 3. JURORS Does your governing body desire coverage of Jurors? Enter Yes or No: No If yes, enter the estimated payroll on the payroll tab. 4. ELECTION WORKERS (NON -EMPLOYEES) Does your governing body desire coverage of election personnel? Enter Yes or No: Yes If yes, enter the estimated payroll on the payroll tab. Please note: Election Personnel refers to temporary or contract personnel paid for service in the conduct of an election. Do not include payroll for county employees. County employed election staff should be reported under Clerical. TEXAS ASSOCIATION of COUNTIES .:RISK MANAGEMENT POOL Please update your list of locations and the number of employees at each location. Place an X in the 'Remove Location' column if this location is no longer valid. Update the employee counts for all locations. Add new locations at the bottom. Member Name: Brazos County Coverage Period: January 1, 2020 through January 1, 2021 mplete this section If a location has or more employees -.1.10awM8x, ftn Policy- i"i'Employ6eiRdm-v0 Structue4dentifkIP& 1 Local Count Employee L�.tI.. Pi Hi -Nato" %Qis 01/01/2020 ADMINISTRATIVE BLDG �200 S TEXAS AVE,BRYAN,TX,77803 66 79 79, 01101i2620 ' AG. 'EXTENSION ' ;2519 HM 21 W.BIIYAN.Tk,77803 6 6: 6, 01101/2020 BLDG MAINT 200-206 N WAS HINGTOKBRYAN TX.77803 40 41, 41 6110112020 Brazos Center ­ 3 . 232 BRIA _ RCREST _ DR.BRYAN,TX.7 . 7802 10 13 '13: 01101/2020 CEOC BRYAN BRYANTX.77803 2 2 2' 01 . /0112020 C . OURTHOUSE 36612 26TH ST.,BRYAN , TX,778 . 03 173 187 . 1 . 87 01101/2020 ELECTIONS ADMINISTRATION 360 E WILLIAM J BRYAN PARKWAY STE I I 00,BRYAN,TX,778035359 9 10 10 0110112020 EMPLOYEE HEALTH & WELLNESS CLINIC 300 E WILLIAM J BRYAN PARKWAY SUITE 200,BRYAN.TX.778035359 4 5 5 ovoinuo'EXPO 5827 LEONARD RD,BRYAN.TX,77807 29 33 33 01/012020 FLEET MAINTENANCE 1601 LOUIS BR 6 6 . 6 011012020 HEALTH DEPT '2011 N TEkASAVE,BRYAN,TX.77s02I 35 34 34 01101/2020 IT !BRYAN BRYAN TX,77803 27 31 31' 01101/2020 JP/ CONSTABLE PRECT. 3 100 ANDERSON ST.,dOLLEGE STATION,TX,77840 12 12 12 0110112020 JPtCONSTABLE I 12646 FM 2154,Co-llege Station,TX,77845 10 11 11 0110112020 JUVENILE JUSTICE CENTER 1904 SH 21 W.BRYAN,TX,77603 161 106, 106 01/01/2020 MPO 3833 S TEXAS AVE BRYAN.TX.77802 3 3 3 0141/2020 PRE-TRIAL OFFICERS - CSCD 321 E 26TH ST STE 300,BRYANTX,776035359 2 3 1 01/0112020 -ROAD AND BRIDGE/HEAVY FLEET 2617 HWY 21 W,BRYAN,TX,77803535969 84 84 01101/2020 S.O.- MSO SCHOOL SECURITY 1912 WELSH AVE,C&LEGE ST'ATION,T , X,77840 6 9 9 0110112020 S.O.ADMIN 1766 SH 21 W.BRYAN.TX*,77803 64 70 70 01/01/2020 -S.O. MSJ 1835 SAND I Y POINT - RD,BRY . AN,TX,77803 172 195 195 01101/2020 TAX OFFICE 4 151 County Park Cour I I. . Bryan TX,77802 . 35 37 37 New Location(s) � q BRAZOS VALLEY ofNatural 11flU''�� MUSEUM History TRANSFER AGREEMENT Date of Transfer: THIS AGREEMENT is entered into this `I Qii'Yllocc A, 9019 by and between Brazos County (recipient) and the Brazos Valley Museum of Natural History (hereafter "BVMNH"), 3232 Briarcrest Drive, Bryan, Texas, 77802 (collectively the "Parties"). WHEREAS, BVMNH has determined the object described below does not meet its current collections goals and has formally been approved for transfer; WHEREAS, Brazos County has indicated its commitment to care for the object described below. NOW THEREFORE, the Parties agree as follows to the terms and conditions on the reverse: Object to be transferred: One (1) full-size replica of a "Twin Sisters" Cannon (BVMNH inv. no. X-2015- 0522-1) currently on display at Boonville Heritage Park. External appraisal obtained by original donor, Samuel W. Smith, of Kerrville, 15 May 2015. The cannon was unconditionally donated by Samuel W. Smith to the Museum for unrestricted use on 22 May 2015. Accepted and Agreed to by the Authorized Representatives of the Parties. Brazos Valley Museum of Natural History [donor] Si g natuc)$Dat % Name Deborah F. Cowm , Ph.D. Title Executive Director / Brazos Signature Date Name Duane Peters Title County Judge Brazos Valley Museum of Natural History • 3232 Briarcrest Drive . Bryan, Texas 77802 • Phone 979:776.2195 • www.brazosvaHeymuseum.org Vol. � Aga a47 TERMS & CONDITIONS Transfer of the Object BVMNH will transfer, by way of donation and in "as -is -condition," to Brazos County, the object described on the reverse. Transfer of the object shall be deemed to have occurred, and all right and title to the object shall be deemed to have passed to Brazos County, upon the date that this AGREEMENT is executed by all Parties. BVMNH shall not be responsible for any expenses under this AGREEMENT. If Brazos County wishes to dispose of the object for any reason whatsoever within ten years of the date of this AGREEMENT, Brazos County shall first offer in writing to return the object to BVMNH. BVMNH, at its sole discretion and at no cost, except for the cost of returning the object to BVMNH, may choose to accept the return of the object. BVMNH will have ninety (90) calendar days from the date of written notice from Brazos County to exercise any such option. If BVMNH chooses to exercise such option, it shall do so in writing. Warranties Brazos County acknowledges that BVMNH makes no warranties of any kind whatsoever regarding the object. Release of Liability In consideration of this transfer, Brazos County agrees that it will hold BVMNH, its officers, employees, agents, and contractors, harmless, and will indemnify and defend them against any and all suits, actions, and claims of any kind whatsoever, including attorney fees, which may arise from or be the result of Brazos County's possession and/or use of the object. Miscellaneous Provisions Association. The Parties, by this AGREEMENT, do not intend to create a partnership, principal/agent, master/servant, or joint venture relationship, and nothing in the AGREEMENT shall be construed as creating any such relationship between the Parties. Compiete Agreement. This AGREEMENT constitutes the entire legal agreement between the Parties regarding the relationship between the Parties with respect to the subject matter hereof. Modification. This AGREEMENT may not be modified except in writing executed by both Parties. Assignment. This AGREEMENT and the rights granted hereunder may not be assigned by either Party, without the express written permission of the other Party. Governing Law. The terms and conditions of this AGREEMENT shall be construed in accordance with federal law and the laws of the State of Texas and Brazos County. Brazos Valley Museum of Natural History • 3232 Briarcrest Drive • Bryan, Texas 77802 • Phone 979.776.2195 • www.brazosvaUeymuseum.org ';'o - pg. �. _. Item Coversheet BRAZOS COUNTY BRYAN,TEXAS Page 1 of 1 DEPARTMENT: Purchasing NUMBER: DATE OF COURT MEETING: 9/24/2019 ITEM: Change Order to Purchase Order #19000691 to Sam Pack Five Star Ford from $413,742.00 to $453,010.32. Price increase was due to the vehicle year model moved from 2019 to 2020. TO: Commissioners Court FROM: Celina Patino DATE: 09/18/2019 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Tvpe 19000691.pdf PO 19000691 Backup Material RO /q Du a Peters ate County Judge vol. 300 Pg. q httus://brazos.novusagenda.com/AaendaWeb/CoverSheet.asr)x?ItemlD=19463 9/19/2019 Sam Pack's Five Star Ford .16355�fH`35ECano!lton,Texas (888)'.8 FLEET 9 ` 888 835-3389,PFAX.9T2=24S 5278 . ti/dtir@s foal com. - i - ' ' CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Cars and Light Trucks Team Members — Kevin Moore - Alan Rosner Contract Name:State of Texas 070 -Ai 2019 - Texas Smartbuy Contract End User: BRAZOS COUNTY Sam Pack's Rep: KEVIN MOORE Contact: CELINA PATINO Date: 8.20.19 Contact TN/Email PHONE Exterior Color / SILVER Product Description: 2020 POLICE INTERCEPTOR UTILITY Interior A Bid Series: 466BLE (K8A) Base Price: E 30,935.36 B. Published Options Itemize Each Below Code Description Bid Price Code Description Bid Price 446 AUTO TRANS Included Power Group Included Speed Control Included 2 YEAR STATE INSPECTION FREE Included DELIVERY FREE Included 48 3.31- V6 Included 9W CLOTH FRONTIVINYL REAR Included SYNC SYSTEM Included DUAL A/C Included 87R CAMERA IN REAR VIEW MIRROR Included C. Total of B. - Published Options Ford Factory Published Options Code Description Bid Price Code Description Bid Price 43D DARK CAR $ 25.00 60A WIRING GRILULAMP/SIREN/SPK $ 50.00 55F KEYLESS REMOTE NO PAD $ 395.00 17T CARGO DOME LAMP RED/WHITE $ 50.00 549 POWER HEATED MIRRORS $ 60.00 87R I CAMERA IN REARVIEW MIRROR WC 86T TAIL LAMP PREP $ 60.00 51R DRIVERS SIDE LED SPOT LAMP $ 395.00 D. Total of C. - Dealer Published Options $ Fleet Quote 1 035.00 Code Description Bid Price Code Description Bid Price WINDOW TINT $100.00 ON5 I 9 L F. G. H. 1. J. K. L. M. N. Total of D. - Off Menu Options Delivery Charges 0 Mlles @ $2-451mlle Option Discounts Total ofA+B+C+D+E=F 7 Floor Plan Assistance Lot Insurance Coverages Quantity Ordered 1 X F= $ Administrative Fee Non -Equip Charges & Credits TOTAL PURCHASE PRICE INCLUDING ADMIN FEE 100.00 32,070.36 $0.00 $0.00 32,070.36 - $32,070.36 Vol. ` Pp. o J- SSS oc) BILL TO: BRAZOS COUNTY Auditor's Office P.O. Box 914 Bryan, TX 77803 PURCHASE ORDER NO. 19000691 PAGE NO. 1 VF_93488 FAX: 972-245-5278 H F FLEET MAINTENANCE REQ. DATE: E SAM PACKS FIVE STAR FORD 1601 LOUIS STREET ITEM#j QUANTITY I UOMI N 1635 S IH 35E D EXTENSION P BRYAN, TEXAS 77803 TEXAS SMARTBUY CONTRACT 072-A1 CARROLLTON TX Rrl 75006 979-822-2127 EXT 1880 BID SERIES: 466BLE lATTTN: CIP VEHICLES FY19 KEN CHADWICK —1 ORDER DATE:10/12/18 BUYER: CELINA PATINO REQ. NO.: 00067772 REQ. DATE: TERMS: NET 3 0 DAYS F.0.8.: DESC.: ITEM#j QUANTITY I UOMI DESCRIPTION UNIT PRICE EXTENSION TEXAS SMARTBUY CONTRACT 072-A1 QUOTE EFFECTIVE AS OF 10-31-18 BID SERIES: 466BLE CIP VEHICLES FY19 3.7L FFV V6; 6 SPEED AUTOMATIC, ALL WHEEL DRIVE, ALL STANDARD OPTIONS, CRUISE CONTROL, CLOTH FRONT BUCKET SEATS, VINYL SECOND ROW, RUBBER FLOOR, FRONT AND REAR A/C, CRUISE CONTROL, POWER WINDOWS AND LOCKS, HEADLAMP HOUSING, CARGO DOME LIGHT, DISABLE COURTESY LAMP, DRIVER SIDE LED SPOTLIGHT, SYNC SYSTEM, , 4 KEYLESS ENTRY FOBS, NOISE SUPPRESSION, REVERSE SENSING, LED CUTOUTS FRONT & REAR, AUX CC, INOP REAR DOOR AND WINDOWS, FULL SPARE TIRE, WINDOWS 35% TINT, REAR VIEW CAMERA IN MIRROR, GLOBAL LOCK, REAR LIGHT OPTION IONS - IN REAR GLASS AND IONS IN TAILGATE HATCH 01 10-.00 2019 V6 PI UTILITY PACKAGE FORD EXPLORER 29553.0000 295,530.00 AWD- COLOR SILVER 02 2.00 2019 V6 PI UTILITY PACKAGE FORD EXPLORER 29553.0000 59,106.00 AWD- COLOR SILVER 03 1.00 2019 V6 PI UTILITY PACKAGE FORD EXPLORER 29553.0000 29,553.00 AWD- COLOR WHITE 04 1.00 2019 V6 PI UTILITY PACKAGE FORD EXPLORER 29553.0000 29,553.00 AWD- COLOR WHITE ITEM# DIVISIONIACCOUNT AMOUNT PROJECT CODE PAGE TOTAL $ 413,742.00 TOTAL $ 413,742.00 01 63000500 80892800 295,530.00 02 63000500 80892820 59,106.00 03 63000500 80893010 29,553.00 04 63000500 80893020 29,553.00 APPROVED BY AMANDA RLITLFDGF BRAZOS COUNTY IS EXEMPT FROM'SALES TAX PURCHASING Terms & Conditions are applicable to all purchases and can be found on www.brazoscountytx.gov under Departments, then Purchasing. *d.�# Brazos County Purchasing De artment nt g P 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361-429D FAX (979) 361-4293 September 24, 2019 Gendron and Thibodeaux 219 N. Main St. Suite 302 Phone: 979-7-75-9500 Bryan, Texas 77803 Email: gendron@suddenlink.com Attn: Patrick Gendron Re: Extension of Contract # 19-00IR for Legal Representation of Indigent Juvenile Defense. Brazos County is requesting to extend the current contract between Brazos County and Gendron & Thibodeaux for the Legal Representation of Indigent Juvenile Defense. All terms, conditions, and pricing shall remain the same. This extension will be from. October 1,. 2019 through October 31, 2019. To accept the extension 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 return acceptance as soon as possible. If you have any questions, l may be reached at (979) 361-4284. Contact Name: u� -2 � �J� Title:1 -L- t .r Duane Peters, County Judge Vol. �— Pg. a5a Date Date 0C) FUEL CONTRACT BRAZO,S COUNTY PURCHASING DEPT. 200- S. Texas Ave., Ste. 352 Contract No. 19-148 Telephone: (979.) 361-4294 Page 1 of 10 Pages GENERAL- REQUIREMENT FOR: CONTRACT Kim Fikes 1, as:.a duly authorized representative of- Fikes Wholesale Inc. "Contractor" willingly attest to perform (or deliver) as per Exhibit A (Fikes. Wholesale Inc. Response to TAMU Contract RFP .Main # 1:9-0024) and Exhibit B (TAM:U Contract RFP Main # 19-0024) for Brazos County. I fuilther agree to all of the provisions and specifications .contained iri this contract. TERM OR PROJECT TIMELINE: The term of this contract will be. The one (1) year, with .the.9ption to renew with four (4) additional one (1) year periods. 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.preseni provisions and.prices. AWARD Brazos County reserves•the right to award this contract onAhe basis of LOWEST AND -BEST OFFER in accordance with the laws of the State of Texas, to waive;any foimaiity or irregularity, to make.awards to more than one offeror, to reject any or. all bids, The County reserves the right,to. accept or reject in part or in.whole, any IQs submitted, and, *to- waive:anytechnidalities-forth'& best. interest.;ofthe County. BIDDERS ;RESPONSIBILITY It is the bidder's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to include full firm name, mailing address;-te.lephone•nurriber, email address, Vendor Tax Identification number and signed by an authorized .representative of .the firm: Failure to provide signature on the Certification .of Bid Form renders bid non-responsive.Tailbre to complete the submission of all required forms, including -but not limited to the. Reference Rage, .Rouse Bill .89 & Debarment Verification form,. Questionnaires (when applicable), Addenda (including eevised'forms), and any other specified:forms or documents may be grounds for rejection of entire bid. By submitting .a response to this solicitation, the bidder agrees -to comply with. HB 1295, Government. Code 2252.908: Bidder -agrees to piovide.Brazos County the "Certificate ofInterested•Pat'ties", Form 1295 as required,. pending award, renewal, amended or extended contract. Visit hitps://ethics:state:ix.us/whatsnew%elf_ infofor7nl.295.htm for more information. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. Contract No. 19=148 BRAZOS-COUNTY, TEXAS_ Page 2 of 9 Pages 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. offerors. Department Beads are- NOT authorized to sign. contracts for Brazos County. Binding contracts shall reiiiain 'in effectuntil 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. Any and al1.price escalations shall. not be accepted. and shall 'be considered a non -response. HOLD HARMLESS AGREEMENT. Contractor, the successful offeror, shall,'indemnify.and hold Brazos:.County harmless from all alaims.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 froth 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. equipmentprovided 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 Countyof -iny. 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. A.DDITION/MODI•FICATION 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-lim- itedto, expansions of`addition§'to existing .facilities.and acquisition 'or construction of new. properties. Irilhe event: that,. County- makes: significant structural changes to an existing -facility -that `imps m the.- contractor's costin providirig the'seivices anticipated by this contract such change may be treated as a.inew 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 whiclT 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: corittacts: for. services: applicable to such location, the-Vortion of Contract No. 19-148 BRAZOS COUNTY, TEXAS Page 3 of -9 Pages 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 Iocations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Contractor shall submit an original invoice after each delivery. Invoices must be itemized. Any invoice, which cannot be verifiedby the contract price and/or is otherwise `incorrect, shall be corrected by the contractor. Brazos County will only,be.-required to pay for materials actually received and/or -services actually -provided. Brazos County shall not -be required -to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and/or any attachments. 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 only. The dontractor 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 thecontractor 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 or by law. Brazos- County claims exemption from all sales and/or use taxes tinder Texas Tax Code '§15.1.30.9, as amended. Texas -Limited Sales Tax Exemption. Certificates will be furnished upon written request to Brazos County Purchasiirg 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 -AND- VENUE vol. moo P9.. Contract No.19-148 BRAZOS COUNTY, TEXAS Page 4 of 9 Pages This bid solicitation is governed by the laws. of the. State of Texas, specifically, the -competitive bidding requirements of the County Purchasing Act, Texas Local Government Code; §262.02.1 et seq., as .amended. 0.8erors shall comply with. allapplicable federal, state and local laws and regulations. Offeror 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. Thedisclosure questionnaire must be filed with the Brazos County Clerk. Refer -to Texas Local .Government. Code, Chapter 176 -for the details of this law. Bidder. understands. that.Brazos Countyls" a government subject to Texas State and Federal public information statdtes. Venue shall lie .exclusively in Brazos County, Texas, notwithstanding anything to the contrary. DISQUALIFICATION OF OFFEROR Upon sigri]iig this contract, an offeror offering to .gel] 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 b'e­rejected.if.Brazos County believes that collusion exists,among the offerors. Bids in which the prices are obviously unbalanced may be rejected.'Requests to withdraw -a submitted bid or proposal are subject to the approval, of the Purchasing Agent. SEVERABILITY If -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-SPECMCATIONS 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.praetice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations ofspecifications 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 higbest quality as to materials used. an d. 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 VolPg. a�CQ . Contract No. 19-148 BRAZOS COUNTY, TEXAS Contract 5 of 9 Pages 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 state of Texas, showing that the contractor is covered by the insurance as follows: (1) $1,000,000. In 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. Waiver of subrogation -is required. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 1,000,000 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. $1,000,0.00 Combined Single Limit, in all self- propelled vehicles -used in connection with -the contract; whether owned,. non -owned or hired. The Certificate of Insurance furnished to Brazos:C'ouniy 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. LINUTATIONS 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 Iimited to, atithorizatioris of the placement of liens on Brazos County property; disclaimers and* limitations of warranties; disclaimers and limitationsof 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 the extent authorized by the laws and. Constitution of the State of Texas. COVE, RAGES/WAGES Vol. Pg. 57 Contract No. 19-148 19RAZOS COUNTY, TEXAS Pa e.6 of 9 Page's 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 dismemberme0t -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 omissio r.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. 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: BRAZOSCOUNTY: Brazos,.Coun"ty, Texas Duane:Peters;.Brazos County Judge 260 South Texas Avenue, Suite'332 Bryan, Texas 77803 CONTRACTOR: Sales Contact Name: Phone Number: Billing Info: Ed Young blood (254) 791,0009 ext.,. 62.19, Cell # (.979) 848-69i2 ASSIGNABILITY This contract inay not be: assigned without the prior tivff ten 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 and renewals thereto. WAIVERS No waiver by either party hereto of any term or condition of this contract shalt *be deemed .or construed. to be a waiver of any other term or coiudition 'or , subsequent waiver of the same term or condition. ENTIRE CONTRACT Vol. cc Pg._2_5_&_ Contract No, 19-148 BRAZOS COUNT TY, TEXAS Page 7 of 9 Pages 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 undef 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, it duly authorized representatives, the State of Texas..(includi"ng, 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 cont'ractoc 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 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 dontract. 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 -full .amountreceived 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:apprbpriate 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 unaccep..table materials in construction of'the work, or by or on account of any act- of emission, 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. CciWity ifiay beretained 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 fumi"shed Brazos County. Contractor shall defend, 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. HOUSE BILL 89 & DEBARMENT VERIFICATION FVo/(l. . Pg. o �� Contract No. 19-148 BRAZOS COUNTY, TEXAS Page 8 of 9 Pages Brazos County is federally mandated to. adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing -- Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes .made to .it 'via cross:referencing respondents/vendors with the Federal General Services .Administration's Excluded.Parties. List System (EPLS') https://www.sam.gov' which is inclusive of. the United States. Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies- that the.responding entity and its principals are eligible to participate in this transaction and have not been subjected -to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and. that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.Sam.gov. The undersigned affirms the non -debarment statement above, that they are .duly authorized execute this contract. The.company representative below further affirms, that,the company submitting this proposal, under the provisions of Subtitle F, Title 10, Govemment-Code Chapter 2270: 1. Does not boycott Israel currently! and 2. Will no 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 economio 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 -awned subsidiary, parent company or affiliate of those entities or business associations that exist to snake a pro 'fit'. Company Name: Filces Wholesale Inc. Authorized Company Representative: Kim Fikes Address: P.O. Box 1287, Temple, Texas 76503 Date: 09/11/2 Conttaet #. 19-148 CERTIFICATION OF BID Contract No. 19-148 BRAZOS COUNTY, TEXAS Page 9 of 9 Pages 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 tha official opening of this bid. Chief Accounting Signed By: tin Title: g O Typed Name: Fikes Company Name: Fikes Wholesale..Inc. (254) 791-0009hone No. Email Address: kcfikes@fikesinc.com Mailing Address: P.O. Box. 1287 Temple Texas 76503 P. 0. Box or Street City State Zip Employer. Identification Number: 74-1857841 Appr ed b Commi overs' Court -on this day of 2019 by Holding the position .of ki ri Ao. r• t E . Oo Pg. a�-` 511�411 n r EXHIBIT A Texas A&M University & Related entities RFP -19-0024 July 19, 2019 ` Vol,_ 3 r�J pg. acpa _ :.:4i.�.�• '��������;i��'rk�.l�ii d 3 f -t`�i' r t{IiYlr 511�411 n r EXHIBIT A Texas A&M University & Related entities RFP -19-0024 July 19, 2019 ` Vol,_ 3 r�J pg. acpa Table of Contents 1. INTRODUCTION LETTER......................................................................................3 2. RFP REQUIREMENTS 2.1.1 - Respondent Background and Experience 2.1.1.1.................................................................................4-5 2.1.1.2..................................................................................5-7 2.1.1.3................................................................... ..............8 2.1.1.4.....................................................................................8 2.1.1.5.....................................................................................8 2.1.1.6.....................................................................................8 2.1.2 - Requirements & Specifications 2.1.2.1........................................................... ..................... 8-10 2.1.2.2...................................................................................11 2.2 - References............................................................................11-12 3.8 - Proposal Components..............................................................13 8.1 Pricing Matrix...........................................................................14 8.2 - Invoicing..............................................................................15-19 3. SUPPLEMENTAL INFORMATION REGARDING BID REQUIREMENTS .................. 20 4. APPENDIX A. Emergency Response Plan..........................................................................21-30 B. Fikes Wholesale Inc W-9....................................................................................31 C. RFP MAIN 19-0024 Addendum # 1...................................................................32 D. RFP MAIN 19-0024 Addendum#2..............................................................33-40 E. Execution of Offer................................................................................................. • Execution of offer pages 21 & 22 ...........................................41-42 • Substitute W-9 & Vendor Direct Deposit Form.........................43 F. Certificate of Liability Insurance — Fikes Wholesale Inc ........................... 44-52 G. Certificate of Liability Insurance—Group Petroleum Services...............53-62 H. HUB Subcontracting PLN (HSP)...................................................................63-71 I. Respondent's Questionnaire/Company Experience......................................72 J. Non -Collusion Affidavit......................................................................................73 K. Certification and Authorization: RFP Main #19-0024 ....................................74 L. Felony Conviction Notice...................................................................................75 M. Full Size Copy of Invoice Samples..............................................................76-79 Page 2 Vol. Fikes Wholesale, Inc. Proposal for TAMU and related entities RFP Main 19-0024 On behalf of the Fikes Wholesale Commercial team, we are very excited to have the opportunity to participate in the Texas A&M and related entities Annual Fuel Contract Request for Proposal. Fikes Wholesale Inc., a privately held company, has proudly been serving our valued customers since 1952. Fikes Wholesale is uniquely qualified to meet the fuel needs for your various entities. In 2018 we sold over 300 million gallons of fuel to various customers which included our direct chain of convenience stores, wholesale, commercial, municipalities, and school districts. We operate in 7 states throughout the southern United States. Unique to the distributor business, we own a supply terminal in Waco TX. While not the primary supply point for your needs, it does provide a backup for supply in the event of a disruption like we experienced recently with Hurricane Harvey. Fikes also owns and operates a transport company (Group Petroleum Services). We have 15 trucks in central Texas and have dedicated transports that serve the Bryan/College Station area. You may have seen our trucks in the area proudly serving our newest customer, The Barracks Chevron, located on Deacon Drive in College Station. We have a Fuel Replenishment team dedicated to making sure you get the fuel you need when you need it We take great pride in providing our customers the best price, unparalleled support and superior customer service. I am personally available to answer any questions or present any portion of this proposal in person if requested. Thank you again for this opportunity to serve you. Sincerely, Ed Y gblood Vol. Pg. b 4 Page 3 -k aced •Ealu uoIIE3S a2allo:)/uEAag ails ui sailqua pa;ulaa aq4 puE W2gy suxa,I, anaas o; pal3llunb Alanbiun sn aijeui 9:)w.Ias aauIo;sno uo snoo3 .Ino q;IM poldnoo 'suialsAs Euuunoxw pup aolouq:)al jau agIjo aluis'uotPEziuugao `il32ua i3s lEiouuui3 ano 'anoge ails o4 uoilippu uI •AliondEo Builneq paaoxa pueuiap pinoils saailim uouiuioo 3o:laomau aAisua4xa ue aneil aM'uot;tppE uI •suopupadxa puE spaau ,saauao4sno ano jaaui um aM os spEol lana,2uI2Euutu ui /4Iligjxai3 sn sMollu saaodsuea; uMo .Ino Buiumo 'S9£/L/tZ sa4Eaado }Eill sp0114aui BUISEuii JE4121p EIA AljEp:Iaomaaded jiiugns saaniaQ -AEp ssouisnq jxau aqj ;luloionui puE E4Ep peol JuailEs apinoad lauuosaad aat33o-31aEq anp -Aep .Iiail1 4iioil.Snoatl4 saaAlap ano iljim ounq-ui pup ilono3 ui Suis of A4iligedeo Sui:IoEaj agillajus pup uopmiunuzuioa qEo-ui aml aM •alqulleAE juauidinba Isaq AaaA ailq qj M saaniap ano apinoad of saeaA S of j, aal;E saopual aouldaa aM -saeaA L'L saallEJI Pup pIo saeaA Z'Z SUIREIME saoloual i 4lm pauiE4uieu1 Ilam pup SunoA sl 4aaU ino wileu aqj 3o %Z aaddn ailj ui saaoos dSDWA sn pauaua seg paooaa Ajejus algeoaadun ano •sajupdn BUIUIE14 pup sOupaui aeln2aa aAEiI pup'sj;o diund pup doap AjjAEa `spoil4aui Aaanilap IIE ui slEiaaleuz snop iEzEq alpuEil of pa1jpiao pup pauival A}a3us aau saaAlap leuoissajoad ano -AEp lad sanoq tZ pajjEjs si pup uo4lag ui pa;Fool si aajuao ilo4Edsip ally -NaaM lad sAep L'Aep lad sinoil bZ sa;Eaado Sd9 'papaau31'sEaaE 3@1140 ul peol o; AjIliqu aqj se Ilam se'upsnV pup'uEAag'auaEaH'ooEM ui sJuiod llnd uioa3 Allup uoisaa uoi4E4S aSallo:) ail4 saalAaas Aljuaa Ino SdD Tolle sExaZ lua4ua:) ail} ui q:)na4 St seq SdD 'saeaA pI; aano 103 ssauisnq ui uaaq sEil'saanlap -Pt, puE saaliEn ao1oua; 0 £ 3o guilsisuoo spinbil uinaloa;ad )Ilnq jo aaiaaEo uouiutoo E sl SdD 'sexay aldmal, ul pasEq (SdD) saoinaaS uinaloa4ad dnolD pallua Auudwoo gaodsuEaj u uMo oM •aoionui UE uo uoi�sanb E aq aaagl pinoils saoquo� Sui�un000y palEoipap pup :4I paau noA uailM paau noA lanj aqj noA qaS uuo- aM juill os puumap pup Alddns sagluoui ;Eip ulEa,y juauiilsivalda-I land E :spaau inoA of puodsa i o} Apea i uiEay salES pajEaipap E aAEil aM •A}Iaoiad 4sai; ano sAEMIu aaE siaulogsna ano •Eaau Buila:IaEui ano ui iailddns lana aaiuiaad aqj aq 01 Altep ania4s aM 'aoiAaas aauzojsno juallaoxa pup juau4Iuiuioo 'All lBalui 'Alsauoq jo sanleA aaoo ano of 2upagpu allgm aunp uo pup aauuEUl 93us E ui saauioisno ano of sionpoad lana A3Ilenb BuiAlddns q pajjjwwoo sI slang IeloaawwoD sa:lld AllwLj s,a:Ild aq4 3o 4aed a sV 'ZS6Z aauis saauiolsno ano 2?uinaas Alpnoad uaaq sEq pup sExa,I, IEajua:) ui pasEq si •oul alEsalogm swIld waom fo adoas ayi a.Voijapun of w1f isaq ayj q juapuodsag ayj A'ym azi rowurnS -Z'i'T'Z amapatIR21 puu puno 1 xaug juapuo sag Z'Z'Z s�uauia.�in ag Z uo11aas Lastly, Fikes is also proud to mention our involvement in the communities in which we do business as well as our support of higher education. Through the various charitable events we hold we have donated over $3.3 million to Children's Miracle Network Hospitals and, through the C.E. Fikes Endowed Scholarships, has made secondary education financially available to students at several colleges and universities in the cities and towns we operate (including Texas A&M Central Texas). 2.1.1.2 - Identify all individuals who will contribute to the accomplishment of the scope of work to include specific responsibilities pertaining to and the approximate time each will devote to the Scope of Work. Include the resumes for key individuals. Following is an organization chart for the Fikes Companies. All departments work together to serve our customers. However, the specific teams that would support entities covered in this package are as follows: Fikes Wholesale: Sales Team- Consists of General Manager Ed Youngblood, Account Manager Jay Sowels, and Business Development Coordinator Tina Purvis. Our sales team is responsible for customer service issues from beginning to end. While each department will have its own specific tasks and areas of responsibility, the sales team will be responsible for any questions or issues that may arise. Ed Youngblood Resume- Ed joined Fikes Wholesale in 2005 after a 20 -year career with ExxonMobil in Houston Texas. At Exxon, Ed held many positions from Credit Analyst to Senior Territory Manager. Ed joined Fikes as a Sales Manager for our Dealer business. In 2008 Ed was promoted to his current position of General Manager, over Wholesale and Commercial Fuel as well as Real Estate. Ed holds double majors B.S. in Finance and Management from Houston Baptist University. Jay Sowels Resume- Jay joined Fikes/CEFCO in 2007 as a District Manager overseeing the operations of 12 stores. He had total P/L responsibility as well as overall management of his territory. In 2008 he was promoted to Category Manager responsible for the coolers in our chain. In 2012 he was promoted to Regional Director with responsibility for more than 63 stores and over 600 employees throughout Texas. In 2014 he became the Account Manager for our valued Wholesale customers. He has stewardship of sales of bulk fuel products as well as other performance indicators. • Tina Purvis Resume- Tina joined Fikes in 2010 as an accounting specialist. She was responsible for total stewardship of accounting activities for our Fleet Business. In 2012 she was promoted to Business Development Page S Coordinator. This role encompasses many functions including; Accounting Support, Customer Service, Report creation and analysis, and she is responsible for our Property Lease -Activities. Tina holds a B.A. with a major in Accounting from Stephen F. Austin State University. Raymond Smith ' President Eddie Yourtgblooci General Manager ' Whotesaie Jay Sowels : Tina Purvis i Account Manager _•- Business Development :I Coordinator Fuel Replenishment Team- Consists of VP of Supply Jeff Clark, two Downstream Supply Managers, Steven Flinn and Josh Dalton, and two Fuel Replenishment Specialist, Ken Manyen and Billy Salmeron-Mayorga. This team is responsible for managing supply, matching fuel orders with the carrier and facilitating delivery of product. Page 6 holli Steven Flinn oo�„swa�r e�.lp�•syav�a w+�eso�rs<+aYr !.L•eCSC Raymond Smith lATaga Eieffrey:Clark,teas�' - Margarito Alvarez Curtis Buttry Claudia Botero Joshua Dalton Martin Fra • . ronnobryhsC 6L•n.je:eminal 1.965avinSpp]' `j hum_ ? Chris Parkhill Ken Manyen Poel'Aw.-I—spee Btl1y 5a4neron •' 'Mayorga •- 1 Vol. � Pg - holli Steven Flinn oo�„swa�r e�.lp�•syav�a w+�eso�rs<+aYr !.L•eCSC lATaga aw ' Accountin>;- onsists of Chief Accounting officer Kim Fikes, Assistant Controller Katelyn Hargrove, Account Receivable Specialist La erne Vansa and Fuel Accounting Specialist Tressie LeBIanc. This team will manage all your accounting needs.' Laveme 1/ansa Tracy Carlson Juan Dominguez I A=e t;rm SF*d2N : FuJAZL%5✓�a5,: WntenaTe7ech ldanager ' nuu hies , .• I - Fke: Co=cfle-, CAO Susan Fikes Recep6anlr. i Hargrove Controller Tressie Leblanc Fu9Acct. 5F.ciakt Group Petroleum Services Inc. (GPS): Will be responsible for safely delivering fuel to the various entities covered under this proposal. Organization chart for GPS: Raymond Smith ' � - •. PrrsWenr i �afile5 BlltlOr' ' "I • - General MumgerGPS -• . _ - Clark Madsen lEdefrnlro Garcia Donald Smith �' DI[Pa1ChVr Tralningane neer Rtalntenanea Dbx.nr-nugfetolopalaRonfMg , Jacob t3arnum ., j Joan Phillips • d.pemncr . varrick Butler ' DI.Pa1Ncr - ..j Rlchard Doyte _ rnrw.rner ' Page 7 2.1.1.3- Will your company provide a copy ofyour company's audited financial statements for the past two (2) years, if requested by Texas A&M?: Yes, Fikes Wholesale Inc. will provide a copy of audited financial statements for the past two years upon request~ 2.1.1.4- Will your company provide a financial rating ofyour company and any supporting documentation (such as a Dun and BradstreetAnalysis) which indicates the financial stability ofyour company, if requested by Texas A&M: Yes, Fikes Wholes Inc. will provide a financial rating of our company and supporting documentation upon request. 2.1.1.5 - Isyour company currently for sale or involved in any transaction to expand or to become acquired by another business entity? If yes, please explain the impact both in organizational and directional terms. No, our company is not currently for sale or involved in any transaction to become acquired by another business entity. 2.1.1.6 - Provide details of any open, current, or pending litigation or claims filed againstyour company and indicate how this may impactyour company's performance under an agreement with Texas A&M.- We &M:We are not involved in any litigation or claims that would impact our ability to perform under this proposal. 2.1.2 Requirements and Specifications 2.1.2.1- Delivery - Delivery is an important performance measure to TexasA&M University and participating entities. Deliveries shall be made as specified in Section 1.3.1. Respondent must be able to provide deliveries as scheduled and must be able to respond to emergency calls (nights, holidays and weekends) as needed. Respondent shall provide a detailed delivery plan on how deliveries will be provided. Plan shall include the number of delivery trucks, capacity of each truck, distribution centers) available: Delivery of quality products on time and in a safe manner is the most important element of our relationship with TAMU as it is with all our customers all of the time. The keys to uninterrupted supply include infrastructure, planning, communication and management. Page 8 • W^f, We have a team dedicated (Fuel Replenishment) to this cause. From the site perspective early notification (placement) of an order is key to on-time delivery. Our process is simple. Order by noon today.for delivery the next day. We build orders in the morning until around noon each day for delivery the following day. This schedule is followed 7 days per week'as we deliver every day of the year. Following is a contact sheet that will be provided to each purchasing entity. As you can see, there are phone numbers and cell numbers for every contact within the fuel delivery process. Additionally, we have a website ordering option that many of our customers utilize as well. Fikes understands that occasionally a load is not submitted/ordered within the standard time frame. We understand the importance of fuel in your business and in the event of an emergency need will make every attempt to deliver fuel ASAP. Page 9 Vol Pg. ago In addition, Fikes offers automated delivery. If you have compatible tank monitors/technology, we can maintain fuel levels (you select inventory level) so your employees would no longer be required to order fuel. This is a service Fikes provides at no charge to its customers. Delivery Plan- We will utilize Group Petroleum Services (GPS) based in Temple Texas to deliver full transports of fuel. GPS, owned by Fikes, is a Temple, TX based common carrier of bulk petroleum liquids consisting of 30 tractor trailers and 44 drivers, have been in business for over 40 years. GPS has 15 units in the Central Texas area. GPS currently services the College Station region daily -from pull points in Waco, Hearne, Bryan, and Austin, as well as the ability to load in other areas, if needed. GPS operates 24 hours per day, 7 days per week The dispatch center is in Belton, Texas and is staffed 24 hours per day. Our professional drivers are safety trained and certified to handle hazardous materials in all delivery methods, gravity drop and pump offs, and have regular meetings and training updates. We have in - cab communication and satellite tracking capability to stay in touch and in -tune with our drivers throughout their day. Fikes/GPS transports are all tanker size (roughly 9,000 -gallon capacity). Our plan is to use transports whenever possible. For sites that utilize Bobtail loads we will contract with a local distributor that specializes in this type of delivery. These deliveries are made Monday through ri ay. Transition Plan- While not specifically requested at part of the [Technical Response], Fikes believes the transition from the incumbent to the new supplier is a critical process. To that end, we believe communication and preparation will be key to a seamless transition. If awarded the contract we would suggest a meeting with Fikes and the appropriate purchasing personnel to exchange important information such as contact emails/phone numbers/cell numbers etc., review the order process and options available, and answer any questions. Second, we would inspect each facility to determine equipment needs, delivery notes for drivers, and routes so initial deliveries will be completed as planned. We would be available for any meetings or training your personnel deem appropriate. Page 10 Vol. 3� Pg. oZ% 2.1.2.2- Performance -Texas A&M University and participating entities require Respondent to maintain a 98% performance level for this account, which means all products and deliveries shall be made on time and in the quantities requested. Respondent shall provide a detailed plan on howyou will maintain the requested performance level and include what steps will be taken if the performance levels drops below the 98% range. The Fikes standard for on time and proper quantities is 100%. To that end we do not have systems in place to measure or document the very rare instance where a delivery window is missed. If there is an issue on a delivery we perform root cause analysis to determine the cause and take action as necessary. In our opinion if orders are placed in the standard order window, unless there are extenuating circumstances (supply disruptions, transport mechanical issue etc.) the load should be delivered as ordered. If, in the opinion of one of the delivery locations, we are not meeting performance standards outlined here, we would take steps necessary to resolve the issue to the recipient's satisfaction. 2.2 REFERENCES Fikes Commercial Fuels is committed to supplying quality fuel products to our customers in a safe manner and on time. Please find listed below a sampling of customers that that are comparable to Texas A&M University. 1. WilsonArt Diesel, Dyed Diesel, Biodiesel Fuel Type: Diesel, Biodiesel Contact Name: Brian Ranly Title: Manager, Logistics & Operations Address: 10535 NW HK Dodgen Loop, Temple, Texas 76503 Phone Number: (254) 207-6612 Email: ranlyb@wilsonart.com Customer Since: 2013 Locations: Temple McLane's Southwest - Temnle Fuel Type: Diesel, Dyed Diesel, Biodiesel Contact Name: Andrew Prairie Title: Purchasing Address: 2828 Industrial Blvd, Temple, Texas 76501 Phone Number: (254) 770-2800 Email: andrew.prairie@mclaneco.com Customer Since: 2013 Locations: Temple & Lubbock Page 11 vol. �- P9• Additional Information: Assisted with implementation of their new tanks in late 2017 by working with our transportation department to due testing and make sure that transports could deliver and that the tanks were prepared to be used even if we did not supply the fuel to the customer. 3. Ratliff Ready Mix (Martin Marietta Central Texas) Fuel Type: Diesel Contact Name: Bubba Connell Title: Purchasing Manager Address: 7901 Fish Pond Road, 1st Floor, Waco, Texas 76710 Phone Number: (254) 772-9992 Email: bubbaconnell@matrinmarietta.com Customer Since: 2014 Locations: Belton, Buffalo, Cleburne, Corsicana, Ennis, Fort Hood, Gatesville, Groesbeck, Hillsboro, Kempner, Killeen, Midlothian, North Waco, South Waco, Temple, Whitney 4. Robert's Exxon Mobil Fuel Type: Unleaded, Premium Contact Name: Rafat (Robert) Nemry Title: Owner Address: 3802 Westheimer, Houston, Texas 77027 Phone Number: (713) 305-6980 Email: robertnemry@gmail.com Customer Since: 2010 Locations: Houston Columbia Sto Fuel Type: Unleaded, Premium, Diesel Contact Name: Ahmad Suleman Title: Owner Address: 811 West Brazos Avenue, West Columbia, Texas 77486 Phone Number: (979) 345-2220 Email: columbiastop@hotmail.com Customer Since: 2005 Locations: West Columbia Page 12 3.8 Proposal Components The following documents that are to be returned are attached as a part of the proposal submittal: Attached/Or Answered In ` RFP _ Tltie f Page # �` Signed Execution of Offer (Section 6) 41-43 — References (Section 2.1.1.3) 11-12 �1 Technical Proposal (Section 2) Certificate of Insurance (Section 2) 4-11 44-62 HUB Subcontracting Plan (Section 5.6) 63-71 - Respondent's Questionnaire (Section 7) 72 Pricing (Section 8) 14-19 _ Non -Collusion Affidavit (Section 10) _ 73 Certification and Authorization (Appendix C) 74 �1 Felony_ Conviction Notification (Appendix D) 75 q� One Original copy and one virus free CD ROMIn or USB Drive Copy (Section 3.2.2) pocket of f Folder Page 13 Vol. ,�(� Pg• 8.1 Pricine Pricing will be based on the Hearne OPIS UB Average on the day of delivery plus the constant for the grade of fuel. The constant represents an amount to cover margin and delivery cost. For ease of analysis as well as full transparency for the purchasing entity, the example provided in this section will consist of three items. 1) the OPIS report for the day of delivery, 2) the constant/mark-up [1 for gasoline and 1 for diesel], 3) the delivery invoice. Recipient will simply take the OPIS price for that day, add the appropriate constant/mark-up and reconcile to the invoice. Since the RFP represents two types of entities (School Districts and all others) an example invoice for each is included. Please note the Dyed Diesel Constant is the same as Clear Diesel, Pricing Matrix Fuel Type Constant/Markup Per Gallon Gasoline Transport 0.0245 Unlead 87 Bobtail 0.0900 #2 Diesel Transport 0.0299 Low Sulfur Bobtail 0.0900 #2 Dyed Diesel Transport 0.0299 Low Sulfur Bobtail 0.0900 DEF 275 Gallon Totes DEF $ 595.00 Bio -Diesel * See Supplemental Information Regarding Bid Requirements Profit per gallon included markup and freight for each product. Page 14 Vol. `fib P9.075 8.2 Invoicing Please see the attached examples reflecting the invoice format as well as reconciliation instructions. (For the invoicing examples, we are using the Waco OPIS Unbranded Average for July 3rd. 2019 @ 18:00. Actual invoices will use the Hearne Unbranded Average) Please note, the report used for example is gross rack. Actual will be based on net. OPIS INFORMATION WACO, TX 2019-07-06 10:00:03 EDT *'HOPIS CONTRACT BENCHMARK FILE" **OPIS GROSS CBOB ETHANOL(10%) PRICES" 7.8 RVP WACO, TX 2019-07-06 10:00:03 EDT "OPIS CONTRACT BENCHMARK FILE" **OPIS GROSS ULTRA LOW SULFUR LED DISTILLATE PRICES" KIR :7 °42 1. Unleaded Invoices - the total Unit Price per gallon is $1.94580 - unleaded fuel price of $1.9213 on 07/03/2019 @18:00 and the constant markup that includes markup and freight of .0245 per gallon. $1.9213 +.0245 = $1.9458 X 8,400 gallons of fuel = $16,344.72 2. Diesel Invoice- the total Unit Price per gallon is $1.93390 -diesel fuel price of $1.9040 on 07/03/2019 @18:00 and the constant markup that includes markup and freight of .0299 per gallon. $1.9040 +.0299 = $1.9339 X 7,400 gallons of fuel = $14,310.86 Page 15 Invoice Examples - (please note full size samples located in appendix) TEXAS A&M UNIVERSITY INVOICE EXAMPLES - Invoice FIRes Wholesale, Inc. PO BOX 1287 TEMPLE, TX 7003 USA ' Fnone: (234)79T 0009 (254)771-1687 (tax) Remit To: POSOX12a7TE.IPLE,TX 78503 Account Number. 0488 AmowstDue: $18.040.07 Invoioe Number. 9849 Invoice Date: D7i0412D19 0138:03 PM Due Date: 0 810 3120 1 0 DeWcfy Date: 07104.8019 0136:03 PM Shipping Address: TEXAS A&M UNIVERSITY UTILITIES 165 ASHBURY STREET 165 ASHBURY STREET COLLEGE STATION, TX 77640 COLLEGE STATION, TX 77840 OOT- Name, Class, ID, Greq Pagel of 1 Caner. GROUP PETROLEUM SER\40E5 LehirJe: nova SNespenson: none Orde<Num`=r. 9848 PumbaseOder Number none BOL Number. TESTI 1-RULIGALLON REGULARUNLEADE10 8.400.0000 $1.94680 S16.344.72 Tax: $1,89535 olalTFJsltrin. Sla.o .07 ET30 Terms: $0.00 fnvoxceTaxes Cer6feateNnnber AmountDio Exempt FEDERAL EXCISETAX-GAS 50.00 Yes FEDERAL OIL SPILL - GAS (E10) 50.00 No FEDERALLUST 58.40 No TX STATE EXCISE TAX -GAS $1.880.00 No TX STATE PETRO DEL FEE $6.05 No No terns discount avalla to for this irrvoico-, Vol.C7 Py. all SO.DD ProdudsTataF. $16,344.72 ShippingfFreightToW: S0.00 He3dar Frefght Surcharge: 50.00 Tax TO L31 sr -6035 Invoice Total: S 18.040.07 Discount Toh1: 50.00 Nei fnvoiceTotal• SI8.040.07 Total Cv : 518,040.07 Page 16 Invoice Page 1 of 1 Fikes Wholesale, Inc. PO BOX 1287 TEMPLE, TX 76:03 USA ► r Phone: (251)701-0000 (254)771.1697 ifax) Rem t To: PO BOX 1237 TEI.!PLE- TX 78M AmotueNumber. 0400 AmourDue: $15.£03.71 Invoice Number, 90:0 Due Dale: 01,03019Invoice Dwe: 0710i/2010 02:10:0] PN 0 very Dwc 070412019 02:10 G7 PM Shipping Address: TEY.ASASM UNIVERSITY UTILITIES 165 ASHBURY STREET 165 ASHBURY STREET COLLEGE STATION, TX 77640 COLLEGE STATION, TX 77840 DOT- Name, Cuss, ID, Group Carrier GROUP PETROLEUM SERMCES :'eh�ee: none Salesperson; nene Order limbar. 99M PurchaseOnferNumber- nova BOLhtcnber. TE372 4-DSLLED ULSD3 LED 1,400.0003 51.43340 514,310.66 Tax: 51.02.65 TotatTryshem S15,e0371 NET 30 7emts: :0.00 InM" Tues Certifrate Number Amount D•r_ Exempt FEDERAL EXCISE TAX - DIESEL $0,00 les FEDERAL OIL MLL - DSL 50.00 NO FEDERAL LUST 57.40 No TX STATE EXCISE TAX • DIESEL S1.e0.00 No TX STATE PETRO DEL FEE 55.45 No No tears tfiscount avabbk for this invoice. Vol. �� Pg. ProduCsTots': $14,310.68 ShippingtFreightTota $0.00 Header Fre' Sordw9e: 50.00 TaxTotW: S1 119191; Invoice 76M, $15,903.71 Discount Tota;: $0.00 Nei Invoioe Tots:: 515,803.71 TomMue. SiS,£03.71 Page 17 BRYAN ISD INVOICE EXAMPLES invoice Taxes CertiF43te Number Invoice Exempt Page 1 of 1 Pikes Wholesale, Inc. 50.00 Yes r PO BOX 1287 FEDERAL 00- SPILL-GAS(E10) 50.00 No TEMPLE, TX 76503 USA FEDERALLUST 5830 Phone: (254)791-01)(19 TX STATE EXCISE TAX - GAS (264)771-1887 (fax) Yes Remit To: PO BOX 1287 TEMPLE. TX 74593 56.95 Acocunt Number: 9999 Amount Due: 516.360.07 Invoice Number. 9951 Due Date: 081030019 516.344.72 Invoice Date: 071D4C:Ot9 0224:03 PM ShippingJFreight Total: DeSvery Date: 07704/Mig 02.24:07 PM Header Freight Surcharge. SO.00 Shipping Address: BRYANISD Total: BRYANISD 3000 BONHAM DRIVE 3000 BONHAM DRIVE 516.360117 BRYAN, TX 77803 BRYAN, TX 77803 Discount Totak HM DOT Name, Class. ID, Group Product ProductDeseftilon 316.360.07 Delivered Quantity Un:2Price- Exlend Ptioz Carex_: GROUP PETROLEUM SERVICES Vehicle: nose Salesperson: none Order Number. 9951 Purchase Order Number. none 120L Number TESTS 1-RUI JGALLON REGULAR UNLEAD E10 8.400?0000 S 1.94580 SI6.344.72 Tax: $15.35 TotalThs Item $18.360.07 NET 30 Terms: 30"00 SD.QD invoice Taxes CertiF43te Number Amount due Exempt FEDERAL EXCISE TAX -GAS 50.00 Yes FEDERAL 00- SPILL-GAS(E10) 50.00 No FEDERALLUST 5830 No TX STATE EXCISE TAX - GAS 50.00 Yes TX STATE PETRO DEL FEE 56.95 No Products Tota- 516.344.72 ShippingJFreight Total: $0.00 Header Freight Surcharge. SO.00 Na terms discount ava lab a for this invoke. Total: _ 515 35 Invoice Total: 516.360117 Discount Totak S0"00 Net Invoroe Totat 316.360.07 Total Due: 516.360.07 Page 18 E � P9'� Invoice Page 1 of 1 Fkes Wholesale, Inc. POBOX 1237 DOT Name, Class, ID, Grottp LIn3Pdce Extended Price Germ GROUP PETROLEUM SERVICES Vehicle: none Salesperson: none Order Number 99:2 Purchase Order Number. none BOL Number 9952 4-DSLLED ULS02 LED 7.400.000 51.9339D $14.31020 Tar. 51285 Total Thisltem 514.323.71 NET30Tenns: SOAR Invoice Taxes TEMPLE, 7X 76:03 USA Exempt Fhone: (2&4)791-0009 $0.00 (234)771-1687 (fax) FEDERAL OIL SPILL - DSL Remit1b: PO BOX 1287 TEMPLE, TX 700503 Account Number. 9999 Amount Due: 514,323-71 Invoice Nwber. 9952 Ne Date: 081032019 Invoice Date: 07104019 0230:00 PM $0.00 DeSvery Date: 071DR-1010 0:30:00 PM TXSTATEPMODELFEE $5.45 Shipping Address: BRYAN ISD BRYAN ISD 3000 BONHAM DRIVE 3000 BONHAM DRIVE BRYAN, 7X77803 BRYAN, TX 77803 DOT Name, Class, ID, Grottp LIn3Pdce Extended Price Germ GROUP PETROLEUM SERVICES Vehicle: none Salesperson: none Order Number 99:2 Purchase Order Number. none BOL Number 9952 4-DSLLED ULS02 LED 7.400.000 51.9339D $14.31020 Tar. 51285 Total Thisltem 514.323.71 NET30Tenns: SOAR Invoice Taxes CerdEcateNumber Amount Due Exempt FEDERAL EXCISE TAX -DIESEL $0.00 Yes FEDERAL OIL SPILL - DSL $0.00 No FEDERAL LUST $7.40 No TX STATE EXCISE TAX -DIESEL $0.00 Yes TXSTATEPMODELFEE $5.45 No No terms discount avail&e for this invoice. $0.00 Products Tout 514,310.88 Shippir;1FreightTotat $0.00 Header Freight Surcharge: SOAR Tax Toil: 51295 lnvoicaTotat 514,323.71 DiiscountTotal: S0.00 Net Invoice Total: $14,323.71 Total Due: 514,323.71 Page 19 Supplemental Information Regarding Bid requirements ➢ In regards to section -1.3.8 -Fuel Quality- While all fuel sold under this proposal meets current ASTM Designation requirements the RFP states. "For purpose of this specification, contamination is defined as any element which enters pure refined gasoline or diesel fuel either naturally or by purposeful action which is not a product of refined crude oil with the exception of winter additives, detergents, and identifying dies. Any amount of alcohol is considered contamination and will not be allowed." : In December of 2007 the Energy Independence Security Act was signed by Congress and the President which required the use of renewable (ethanol) fuel. This was done to reduce the use of MTBE to protect our environment. Since that time virtually all gasoline sold in Texas is E10 (10% Ethanol). Gasoline sold under this proposal may contain up to 10% Ethanol. ➢ BioDiese - is not available in Hearne. We blend grades from B5 to B20 at our product terminal in Waco Texas. Pricing can be provided daily, however, we cannot index it to OPIS as there are no other providers of these custom blends. We are available to discuss your bio goals and can help determine if our terminal in Waco is a solution. Fikes is willing to honor our constant/margin strategy but would have to adjust the freight component due to the extra distance involved. ➢ Affirmative Action Compliance- To date, Fikes Wholesale Inc. has been exempt from filing an Affirmative Action Compliance program. If awarded this contract, due to the transaction size, we would be required to file one. If Fikes Wholesale is awarded the bid, we will promptly take steps to file necessary documents to satisfy this requirement. ➢ Emergency Response Plan- In the unlikely event of a spill or other incident, we have an Emergency Response Plan. We have made this plan a part of this proposal. Please see (appendix A) Page 20 W LUN 2 O a W V Z W W 5; W PURPOSE The Emergency Response Guide is designed to detail the protocol and processes to handle emergency situations including: Spills Mixes Personal Injuries Motor Vehicle Accidents. In addition to the processes for addressing each type of incident this guide includes a listing of approved vendors and resources to employ when needed. SCOPE The guide will cover all GPS operating areas and can be used by all operations and maintenance personnel. This document is intended to guide the response efforts of GPS. Every situation is different. v®�; 3� EPct. a� 3 SPILLS A Spill is defined as any amount of product that is released during loading, transport, or unloading. This situation has the most potential danger as flammable vapors are uncontained and can be ignited to cause a fire. 1.) When a spill occurs it should be called into the dispatch center. See below for communication protocol if dispatch was not called first. 2.) Dispatch will get as much information as possible to include: a. Is the driver OK? b. Location c. Product spilled d. is the spill contained? e. Surface it is spilled on (concrete, blacktop, dirt, grass, etc.) f. Has it gotten into any water source? g. Weather conditions (raining, windy, etc.) h. Customer I. Traffic level (is the location crowded, etc.) j. Any other immediate risk observations (power lines, vehicles, etc.) 3.) Dispatch will call the Regional Operations Manager for the area affected. 4.) ROM will contact driver and assess the situation to decide if management response is needed on site. Then, the ROM will: a. Determine if 911 needs to be called. Instruct the driver to make the call. b. Contact the General Manager to apprise. The GM will contact Energi for cleanup efforts as needed. c. Contact the Maintenance Director if equipment is damaged or if help is needed to remedy the situation. d. Follow back through dispatch to assure the remaining loads on the driver are covered, etc. e. Assure that all affected customers are notified. 5.) General Manager will alert Risk Management as needed. 6.) General Manager will alert Fikes Executives as needed. All parties should keep a log of times and actions they took during the incident and provide the log to management at the close of the incident. This information will be needed by risk management if so deemed. vol. ?� pg. a�'� M- A Mix is defined as any products that are comingled unintentionally while loading or unloading. Mixes can cause major disruptions in the customers operations, as well as in GPS operations depending upon the resources needed to rectify the mix. In addition, lost business and ill -will between the customer and consumer can have a huge impact on the overall scope of the situation. 1.) When a mix occurs it should be called into dispatch immediately. 2.) Dispatch will determine the following: a. Is the driver OK? b. Location c. What products have been mixed (gas into diesel, diesel into gas, grade of gasoline mixed, etc.) d. How much was mixed? e. Do the store's pumps need to be shut down to prevent sales of mixed product? f. Has any already been sold to consumers? g. What quantities are left on the unit? h. What needs to happen next? I. Contact the customer and report. 3.) Dispatch will call the appropriate Regional Operations Manager for the area. 4.) ROM will take control of the situation and direct the driver and dispatch accordingly. From there he will: a. Determine what assets, if any, will be needed to get the store back to normal including pumping out the mixed tanks, restoring fresh product to the store, purging lines, etc. b. Contact the General Manager to update. c. Follow back through dispatch to assure the remaining loads on the loads the driver are covered, etc. d. Respond to the scene as needed. 5.) General Manager will alert Risk Management and Energi as needed. 6. ) General Manager will alert Fikes Executives as needed. Vol. cib pg. ads MOTOR VEHICLE ACCIDENTS A motor vehicle accident (MVA) is any situation where our tractor or trailer comes in contact with any other object; another vehicle (moving or static) a stationary object (post, gate, etc.), or is struck by any other object while parked (another vehicle, bicycle, etc.). 1.) When a MVA occurs it should be reported to dispatch immediately. 2.) Dispatch will get as much information as possible to include: a. Is the driver OK? b. What is the MVA? c. Are there injuries apparent? d. Is traffic affected? e. Where is the exact location of the MVA? f. Have authorities been called? g. Is there a spill of any kind? If so, is the spill contained? h. What is the weather condition? L Can the vehicle(s) be moved? Contact the Director of Maintenance if unsure. j. What customer is affected? k. Is the unit loaded or empty? I. What is the extent of the damages to all parties? m. Instruct the driver to take photos, no matter how minor the damages look. 3.) Dispatch will call the Regional Operations Manager for the area affected. 4.) ROM will contact driver and assess the situation. He will determine: a. If management response is needed and how much? b. The severity of the accident (DOT reportable, etc.) c. Will any vehicles need to be towed? If so, contact the Director of Maintenance to determine where the vehicle should be towed to. d. Status of injured, if applicable. Was an ambulance needed? e. Did the GPS driver take photos? f. Does he have the other parties' information; name, contact, insurance company, etc.? g. If an officer is on the scene does the driver have his name and jurisdiction? h. Any case numbers or document numbers that can be obtained. i. Was either party cited? If so, what for? 5.) The ROM will alert he General Manager. 6.) The General Manager will contact Energi, or approve resources as needed. 7.) The General Manager will alert Risk Management as needed. 8.) The General Manager will inform ownership as needed. PERSONAL INJURIES Personal Injuries occur when an employee is injured while working on the job. These require immediate involvement from management no matter how minor the injury may appear to be. All injury claims are serious and need to be handled where the employee gets the quickest and best care possible. 1.) All injuries should be reported to management immediately. 2.) The person taking the call will question the employee to determine if immediate first aid or other emergency medical treatment is needed. 3.) The manager will direct the employee to call Medcor at 1-800-775-5866, or, if the employee cannot make the call, or call Medcor for them. 4.) If the ROM has not yet been called, notify him BY PHONE. a. The ROM will assure dispatch is notified b. The ROM will work with dispatch to maintain customer service levels. 5.) The manager will alert the General Manager. 6.) The General Manager will alert Risk Management and Energi as needed. 7.) The General Manager will alert ownership as needed. RESOURCES Emergency Response — HAZ Mat Clean Up Companies - *MUST BE APPROVED BY GM PRIOR TO CONTACT* INSURANCE CARRIER — Federated — 507-390-0153 AMARILLO Talon/LPE 921 N. Bivins St. Amarillo, TX 79107 806-467-0607 866-742-0742 SHREVEPORT USES 9435 St. Vincent Ave Shreveport, LA 71106 318-861-0880 — office 24 HR EMERGENCY -888-279-9930 MISSISSIPPI USES 39061-55 South Jackson, MS 39212 601-372-0699 — office 24 HR EMERGENCY -888-279-9930 EAST TEXAS — (CADDO MILLS, SULPHUR SPRINGS, TYLER, WASKOM) Southland Response 866-723-3719 PO Box 2167 903-657-8669 Henderson, TX 75653 936-465-4460 — office TAS Environmental 888-654-0111 TEMPLE/ WACO/HEARN E Grones Environmental 110 Sherman St. Waco, TX 76704 254-829-2796 — office 254-744-4667 TAS Environmental 888-654-0111 Towing Companies Before calling any towing company, ensure that any law enforcement on scene has not already requested a tow company! AMARILLO Amarillo Towing 806-355-4650 CADDO MILLS / SULPHUR SPRINGS Petty's Wrecker Service 903-455-8425 SHREVEPORT Lloyds Towing 835 Aero Dr. Shreveport, LA 800-234-7926 ETX / MT. PLEASANT Billy Craig Service 903-573-3468 TYLER Isaacs Wrecker 903-592-8697 JACKSON, MS Halls Towing Service 601-939-3932 800-748-9960 TEMPLE Temple Towing 254-633-2930 vol. _',--Ic 0_ Pg. aq0 Wards Towing 254-773-7486 WACO Big Boy's Wrecker Service —John Simon 254 -662 -3031 -office 254-723-4714 — cell Tow King 254-666-5485 CAMERON / HEARNE Condry's Wrecker Service —James Condry, Jr 254-697-4189 — office 254-455-0400 — cell Farm W'9 Request for Taxpayer Give Form to the (Rev.November 2017) Identification Number and Certification requester. Do not Drpar,,,E„tortneTrmsny send tothe IRS, Inten fie>,en re= ► Co to rw wJrs.gov/Form W9 for Instructions and the latest Information. 1 Name (as shown on your Income tax return). Name to required on this line; do not leave this fine blank. FikesWholesale Inc. 2 Business nemad—r. garded entity name, If dterent from above m3 Check appropriate brat for federal tax classification of the person whose name is entered on Una 1. Check only one of the 4 Exemptions (codes apply only to fallowing seven boxes. certain entities, not individuals; see CL Instructions an page 3): ❑ IndividuaVsote proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trusuestate, qo single -member LLC Exempt payee code [if any) o' o ❑ Limited liability company. Enter the tax classification (C=C corporation, S=9 corporation, P -Partnership) b - `o Note: Check the appropriate box In the line abovb forlhe tax classification of the single -member owner. Do not cheek Exemption from FATCA reporting rn LLC If the LLC Is classified as a single-me.-nber LLC that Is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single•member LLC that Cade Of any) C6 u is disregarded from the owner should check the appropriate box forthe tax classification of its owner. m ❑ Other (we insWotions) I. Wareeoar•,e,e aotanee„utaYe R•Vsl to 5 Address (number, street, and apL'a suite no.) Sea instructions Requester's name and address (optional) N P.O. Box 1287 6 City, state, and ZIP code Temple, Texas 76503-1287 7 List account number(s) here (optionap �t Taxpayer Identification Number :IN) Frnret 1,10ur nt! LAS the appropriate box. The TIN provided must match the name given on line 1 to avoid I social security nurn0or backup withholding. For individuals, this is generally your social security number'(SSN). However, for a — resident alien, sole proprietor, or disregarded entity, see the Instructions for Part I, later. For otherFM entities, It Is your employer identification number (Elft. If you do not have a number, see How to get a _ TIN, later. or Note: If the account is in more than one name, see the instructions for Una 1. Also see (Khat Name and I mployor Identi ication number Number To Calve the Requesterfor guidelines on whose number. to enter. 1-77 Under penalties of perjury, I certify that 1. The number shown on this form Is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me); and 2.1 am not subject to backup withholding because; (a)1 am exempt from backup withholding, or (ti) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure'to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3.1 am a U.S. citizen or other U.S. person (defined below); and 4. The, FATCA codes) entered on this form Of any) indicating that I am exempt from FATCA reporting is correcL Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to baekupwithholding because you have failed to report all Interestand dividend's on your tax return. For real estate transactions, Item 2 does not apply. For mortgage interest paid,. acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement ORA), and generally, payments other than Interest and dividends, you are riot required to sign the certification, but you must provide your correct 11N. See the Instructions for Part 11, later. Section references are to the Internal Revenue Code unless otherwise noted. Fixture developments. For the latest information about developments related to Form W-9 and Its instructions, such as legislation enacted after they were published, go to www.irs.gov1FormW9. Purpose of Form An Individual or entity (Form W-9 requester) who Is required to file an Information return with the IRS must obtain your correct taxpayer identification number MM which may be your social security number (SSN), Individual taxpayer Identification number (ITIN), adoption taxpayer Identification number (ATIN), or employer identification number (LIN), to report an an Information return the amount paid to you, or other amount reportable an an information return. Examples of information returns include, but are not limited to, the following. • Form 10994NT Qrtterest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Farm 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-8 (proceeds from real estate transactions) • Form 1099-K (merchant card and third patty network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Farm 1099-A (acquisition or abandonment of secured property) Use Fotm W9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. if you do not return Form W-9 to the requester with a 77N, you might be subject to backup withholding. See What is backup withholding, later. Cal. No. 10231x Form W-9 (Rev. 11-2017) vols pg. a� DIVISION OF FINANCE PROCUREMENT SERVICES Addendum #1 Date: June 26, 2019 Reference: Texas A&M University Request for Proposal RFP Main 19-0024 Scheduled RFP Due Date: July 19, 2019 at 2:00 p.m. CST Please make the following changes, additions or deletions to the above referenced bid. Changes/Corrections: Pre -Proposal Meeting — the correct address for the pre -proposal meeting being held on Thursday, June 27, 2019 a 2:30 pm is as follows: 300 Krenek Tap Rd College Station TX 77842 Second Floor Brief History and Current Organization College Station ISD — replace with the following: • College Station Independent School District has a current enrollment of 12,840 for school year ending 2017-2018. The annual operating budget is approximately S149 million; and staff employment is 1,845. The district currently has 19 campuses. Our Transportation department serves over 4,400 students daily, covering 96 square miles using approximately 118 buses. We average '],000,000.in annual miles traveled. Product Estimates—updated College Station ISD to the following: No. Lead — 87 — 55,000 Diesel —160,000 Please acknowledge receipt of the addendum by signing and returning with your proposal. Sincerely, ,,��`� "4L�it) Patty Winkler, C.P.M. Assistant Director Fikes Wholcsalc Inc. Company Name Aulhoriz Vlure July 11, 2019 Date P.O. Box 30013 1477 TAMU College Station, TX 77842-3013 Tel. 979.845.4570 Fax 979.845.3800 httpJ/purchasing.tamu.edu ].W iP I]f]CRaGI foplml]i19AiA M.N 19-0J]9Amu]llwlfNv[f4fETJ'Mlona DIVISION OF FINANCE PROCUREMENT SERVICES Addendum #2 Date: July 10, 2019 Reference: Texas A&M University Request for Proposal RFP Main 19-0024 Scheduled RFP Due Date: July 19, 2019 at 2:00 p.m. CST Please make the following changes, additions or deletions to the above referenced bid. Attachments. • Sign -in sheet from Pre -Proposal Meeting from June 27, 2019 • Tabulation from last bid request Questions/Answers: 1. Q. Can I get fuel usage broken down by each delivery location? A. City of Bryan 10/28/16 Waco UL Waco DL Fountain UL Fountain DL — 216208 gals 213089 gals 49076 gals 61813 gals 10/27/17 10/28/17 201731 193980 54357 63494 10/27/18 10/28/18 141403 139148 39873 40229 10/27/19 Texas A&M University FY 18 424,150 gals 457,465 gals FY 19 236,651 gals 505,322 gals YTD City of College Station Daily Main USC Annual Orders Annual usage Warehouse Warehouse — — Orders — UL — 800 DL — 86 gal Transportation Maintenance gal — UL 17858; — UL 36041; DL 148250 DL 5957 Bryan ISD Weekly Unleaded — Diesel — Order 1,975 gals 6,000 gals BVSWMA, Inc. FY 2017 Twin Oaks Twin Oaks Twin Oaks Compost — Landfield — Landfill — DL Diesel UL — 4,591 199,369 12,901 FY 2018 8,854 5,349 186,740 FY 2019 4,010 3,013 506,207 P.O. Box 30013 1477 TAMU College Station, TX 77842-3013 Tel. 979.845.4570 Fax. 979.845.3800 http://purchasing.tamu.edu 6AFP Rd- Cagnl7IMP M,Yh 10.=4 A. Pod Cwtr Maaaumtft Page 2 of 8 2. Q. May I please get a copy of the attendance list from the pre-bid meeting that took place on June 2701? A. See attachments 3. Q. What is the name of the current incumbent? A. Sunoco, LP (original vendor was Brenco Marketing, which was purchased by Sunoco, LP in October, 2018.) 4. Q. What is the current incumbent charging for each product? A. See attachments/tabulation 5. Q. May I please get a current copy of the product invoices? A. Texas A&M University - This request must be submitted through our Open Records Department - httr)s://oaenrecords.tamu.edu/ Brazos County — Open Records link— nublicinfo@brazoscountvtx.eov 6. Q. Are we required to bid on all items? A. No 7. Q. The RFP gives a range of Bl -B20 for Bio -Diesel. What is the type of Bio -Diesel Texas A&M currently receiving? A. Texas A&M University — no currently using biodiesel. We would like the option to purchase biodiesel. Biodiesel must meet the ASTM specifications. 8. Q. The products specs reference midgrade gasoline and premium gasoline. Are any of the locations provided currently using midgrade and/or premium? If so, what is annual usage per location? A. City of Bryan — NA Brazos County — NA Texas A&M University — NA Bryan ISD — NA BVSWMA - NA 9, Q. May we be provided with a list of approved HUBs for this contract? A. The listing of available HUB vendors will depend on the subcontracting area. All certified Texas HUB vendors can be found on the State of Texas Centralized Master Bidders Listing. httus://comr)troller.texas.ryov/r)urchasine/vendor/cmbl/ If you need assistance with the website, please contact Cindy Giilar @ 979-845-9010 or via email — c-sillar(@tamu.edu. 10. Q. Have you ever terminated a contract for convenience? A. Not this specific contract, but we have other contracts. WRFP Rdmenoa Copl%=19AFP Wn tsaoza penal Fled CodladAWenama tax Page 3 of 8 11. Q. When is the anticipated award date? A. No later than September 1, 2019 12. Q. Will the award be decided at a board meeting? If so when is the first meeting after the opening? A. No 13. Q. May we be provided with a list of bidders invited to bid? A. No 14. Q. Will the opening be open to the public? If so what information will be read aloud? A. No, for a Request for Proposal — there will not be a public opening. 15. Q. When will tabulations be posted after the opening? A. We do not post tabulations nor do we have one for a Request for Proposal. All proposals will be scored based on the evaluation criteria indicated in Section 9. No information will be provided until an award has been made. 16. Q. We would like to confirm that no schools are able to accept ethanol gasoline (87E10 or RFG87E) and that the bid is requesting UNL-87 non ethanol gasoline for all locations that need gasoline. All gasoline in Texas currently has ethanol/alcohol. A. Any amount of alcohol, above industry standard, is considered contamination and will not be allowed. Bryan ISD and City of College Station will accept up to 10% ethanol 17. Q. What blend of bio diesel is the university wanting to be quoted? 21yo, 5%, 1 % or a different amount? A. We are requesting respondents to provide different options to use (B5 -B20) 18. Q. Who is the current vendor and what are the current margins? A. Sunoco, LP; see attached tabulation 19. Q. Is the current vendor a HUB business? A. No 20. Q. Who are the current HUB contractors providing work for this bid? A. There are no HUB vendors providing any service/product at this time. IARFP Rd. we Codes140IFAM Mal -19=4A-- WFud C -t d%Add d=2dw Vol. Pg. a Page 4 of 8 21. Q. The bid did not include a specific price list, are we to provide pricing on our own forms or will a sheet be released as part of an addenda? A. Please refer back to Section 8 Pricing — Respondents shall provide their method of offered pricing that includes all necessary backup documentation for transparency. Pricing structure offered must include cost of fuel, vendor profit and price to be paid. 22. Q. A FOIA request was sent to the purchasing department for Texas A&M University at College Station, may we have an update on its status? Will the information be provided before the due date of this bid? A. All information requested under an open records request are submitted to Texas A&M's Open Records Department. Please reach out to Patricia Bledsoe @ oven-records(a,tamu.edu for all updates in reference to an open records request. Procurement Services cannot provide status on these request. 23. Q. Do you receive any discounts from your current vendors? A. Our current pricing structure is not established on a discount. 24. Q. Does the university give preference to HUB vendors or local vendors? If so, how is the preference calculated? A. The award of this contract will be based on the criteria indicated in Section 9. The only preferences that may be utilized are indicated in Section 6.5 25. Q. Can pricing be provided per entity or is the price to be a single price for all members per product? A. Please refer to Question/Answer 21 26. Q. Do we have to provide pricing for all members? Will the award be split per member? A. Please refer back to Section 1.4 27. Q. Will the award be split by delivery method? I.e. can transport delivery and tankwagon/bobtail delivery to awarded to different vendors? A. Please refer back to Section 1.4 28. Q. If a bidder does not bid on tankwagon/bobtail deliveries will their bid still be considered? A. Please refer back to Section 1.4 29. Q. Will orders be placed to be split between multiple sites in a single delivery? A. Yes, this is a possibility. Typically the split does not cross entities, but does happen within the same entity. For example, you may be asked to delivery to two locations for the City of College Station out the same load, but not delivery to City of College Station and then Texas A&M University. ARFP Retewca Cc;lm)2DlMRFP Main 19 4 Annual Fuel ConbeAVulfendmn 2.dx il0I.v0� pg.-G�- Page 5 of 8 30. Q. Will a firm fixed price be considered, If not, Why? A. Please see Question/Answer 21 31. Q. If we were to insert any conditions into our alternate firm fixed bid, would they be taken into consideration or rejected? Sample attached, please indicate which clauses would be acceptable and which clauses would be cause for rejection? A. At this time, we are unable to provide feedback on this request. Please submit all exceptions, terms and conditions and/or contract language with your proposal response. The evaluation team will review all proposals and determine the best value for each and all entities involved in this project. 32. Q. How long after the bid opening are we required to hold our firm pricing before the recommendation? A. Refer to Section 4.1 General 33. Q. On a firm bid we would like to have a name and contact number of someone that can inform us of the low bidders as soon as possible. A. During the RFP process, your point of contact is listed on the cover sheet of the request. Upon award, a point of contact will be given for each entity. 34. Q. Can we please get a copy of the previous bid tabulations? A. See Attachments 35. Q. What is the average size of delivery? A. City of Bryan — Full Transport always 8400-8800 gallons City of College Station — 4464 UL& 7059 DL for Transportation; 6006 UL & 2978 DL for Maintenance Texas A&M University — 7500 gallons of DSL; 8600 gallons of UNL Bryan ISD — See Question/Answer #1 BVSWMA, Inc. — Twin Oaks Compost; DL 1,337, Twin Oaks Landfill; UL 753, Twin Oaks Landfill; DL 7,522 36. Q. What is/are the delivery address(es)? A. See Section 1.3.2 37. Q. Do you typically order both products at one time? A. City of Bryan — Yes City of College Station — No Texas A&M University — Typically order both to be delivered on the same day Bryan ISD — Normally will order unleaded each week and diesel bi-monthly BVSWMA, Inc. — No 1AW Wermce Coplea1201UMP Main 19M4 Pnnod Fud Contrad1Ad&iuk n 20x Vol. Pg. a9 Page 6 of 8 38. Q. Do you typically order more than 1 location at a time? (Split delivery) A. City of Bryan — No Brazos County — No; unable to take split loads BVSWMA, Inc. - No City of College Station — No Texas A&M University — No Bryan ISD - No 39. Q. Do you own the current tanks? A. Yes 40. Q. Can we please get a copy of a current invoice with backup provided by your current supplier? A. See Question/Answer 5 41. Q. Are you currently an OPIS subscriber? A. No 42. Q. On the City of College Station attachment is states on page 16 the exhibits listed, but on the next 2 pages they are blank, are we missing attachments or is that where you would like us to insert our information? A. At this time, the attachment for the City of College Station is for information purposes only. The award vendor(s) will be required to execute this document. It does not need to be completed for your proposal response. 43. Q. What OPIS index shall we use for B20 as there is no OPIS index for B20 out of Hearne, TX? A. Respondent shall indicate in their response what OPIS index has been utilized. 44. Q. Are the Texas A&M and City of College Station contracts separate? A. Yes 45. Q Can vendors submit a differential for each product by site? A. Yes; insure the information provided is clear 46. Q. Do all entities want to be priced off of Hearne OPIS? A. Refer back to Section 8 Pricing; we are seeking the best pricing solution. We have utilized Hearne OPTS in the past, but are open to all options. 47. Q. Do you want vendors to price off of the Gross Contract Average? If not, what OPIS positing? A. See Question/Answer 46; insure all information is clear what is being offered MFP Rdumw Copia% M19MP Main 194DONA—al Fud Cnntred1AdkndM 2dnn Page 7 of 8 48. Q. If one vendor offers a price off of the OPIS low and another offers a price off of the OPIS average, how will you determine who the lower bidder is? A. Refer to Section 9; all proposals will be scored on the evaluation criteria indicated. Price is not only the deciding factor. 49. Q. If the vendors gets to pick the OPIS city, how will you evaluate the differentials that are based off different cities? A. Refer to Question/Answer 48. 50. Q. Can vendors only bid on deliveries made via transport? A. Refer to Section 1.4; Respondents are encouraged to provide all options available. 51. Q. Please provide estimated usage by site A. Refer to Section 1.3.3; Annual usage is provided per entity 52. Q. Please provide average delivery size for all products at each site. A. City of Bryan: Typical split DL/UL 4400/4000 or 5000/3400 either product may be the higher or lower Brazos County — takes full loads of unleaded and diesel at a time City of College Station — 7000 gallons (see question/answer #35) Texas A&M University — 7500 gallons for DSL; 8600 gallons for UNL Bryan ISD —See Question/Answer #1 BVSWMA, Inc — Twin Oaks Compost DL 1337 gallons, Twin Oaks Landfill UL 753, Thein Oaks Landfill DL 7522 53. Q. Can vendors quote assuming full transport deliveries and line items minimum freight if less than a full load is ordered? A. Refer to Section 1.4; Respondents are encourage to provide all options available. 54. Q. Can vendors quote assuming the stated transport loads and line items minimum freight is less than those gallons are ordered? A. Refer to Section IA; Respondents are encouraged to provide all options available. 55. Q. Is "bio -diesel', range of B20, soybean additive, transport truck delivery of 6,500 gallons" asking for a B20 quote? A. Texas A&M University used B20 BVSWMA - NA 56. Q. How do you want vendors to price 1320? A. See Question/Answer 21 lAW Rel—WCopIMUDI WMaln 19-0014 Annual Fud ContradUddmdum Zdaa Vol. Wo Pg. 00 Pape 8 of 8 57, Q. Are you requesting a price for a soybean additive or a bio additive? A. City of Bryan — NA City of College Station — No Bryan ISD — No Texas A&M University —No BVSWMA, Inc - NA 58. Q. Do you have a pricing page where vendors submit their differentials or are they to create their own? A. See Question/Answer 21 59. Q. Please provide bid tabulations from the last time this was bid. A. See attachment 60. Q. Is meeting the HUB goal a requirement to be awarded the contract? A. No; All vendors must submit a HUB Subcontracting Plan and your plan must be approved. Responses that do not 'include a HUB Subcontracting Plan or if the plan submitted is not approved will be disqualified and therefore not be scored or considered. 61. Q. Are the renewals based on mutual agreement? A. Yes Please acknowledge receipt of the addendum by signing and returning with your proposal. Sincerely, Patty Winkler, C.P.M. Assistant Director Fikes Wholesale Inc Company Name July 11, 2019 Date Author' 9nature IVtrF RIF.—Coi.12919 MMWi 189024 P—,d rwfCmhocAPd1:�IJum2am Vol. oo pg -391- Texas.i&M University RFP Main #19-0029; 4nnual Fuel Contract Page 21 of33 SECTIONIS EXECUTION OF OFFER RFP MAIN 19-0024; Annual Fuel Contract In compliance with this RFP, and subject to all the conditions hereirr, the undersigned offers and agrees to famish any or all commodities or services at the prices quoted. 6.1 ProposerAfflrmation Sigaing this proposal with a false statement is a material breach of contract and shag void the submitted proposal or any resulting contracts, and the proposer may be removed from all proposal lists. By signature hereon affixed, the proposer hereby certifies that 6.1.1. The proposer has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted proposal. 6.1.2. The proposer is not currently delinquent in the payment of any franchise tax owed the State ofTexas. 6.1.3. Pursuant to Section 2155.004 Government Code, relating to collection of state and local sales and use taxes, the proposer certifies that the individual or business entity named in this proposal is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and/or payment withheld ifthis certification is inaccurate. 6.1.4. Neither the proposer mar the firm, corporation, partnership or institution represented by the proposer, or anyone acting for such firm, corporation or institution has violated the antitrust laws of this State, codified in Section 15,01, of seq., Texas Business and Commerce Code, or the Federal Antitrust Laws, nor communicated directly or indirectly the proposal made to any competitor or any other person engaged In such line of business. 6.1.5. The proposer Iran not received compensation for participation in the preparation of the specifications for this invitation for Proposal. 6.1.6. The proposer shall defend, indeamify, and hold harmless the State of Texas, all of its officers. agents and employees from and against al l claims, actions, suits, demands, proceedings costs, damages, and liabilities, from any acts or omissions o£proposer or any agent, employee, sub -Contractor, or proposer of proposer in the execution orperfarmance of this purchase order. 6.1.7. Proposer agrees that any payments due under this contract will be applied towards any deb4 including but not limited to delinquent taxes and child support that is owed to the State ofTexas. 6.1.8. Proposer certifies that they are in compliance with section 669.003 of the Government Code, relating to contracting with executive head of a State agency. If section 669.003 applies, proposer will complete the following information in order for the proposal to be evaluated: Name of Footer Executive: N/A Name of State Agency. N/A Date of Separation from State Agency: N/A Position with Proposer. N/A Date of Employment with Proposer. N/A 6.1.9. Proposer agrees to Comply with Government Code 2I55.4441, pertaining to service contract use of products produced in the State of Texas, 6.2 Texas Family CodeSection 231.006 Ineligibility to Receive State Grants or Loans, or Receive Proposals or Psymenta on State Contracts. 6,2.1, A child support obligor who is mom than 30 days delinquent in paying child support and a business entity in which the obligor is a sale proprietor, partner. shareholder, or owner with an ownership interest ofat least 25 percent is not eligible to: 6.2.1.1. receive payments from stale funds under acontract to provide property, materials, or services: or 6,23.2, receive a state -funded gnrn or loan. 6.2.2. A child support obligor or business entity ineligible to receive payments under Subsection (a) remains ineligible until: 6.22.1. all arrearages have been paid: or 62,2.2, the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency. 6.2.3. Pursuant to Section 231.006 (c), Family Code, proposal should include name and Social Security number of each person with at least 25% ownership of the business entity submitting the proposal. Proposers that have pre -registered this information on the GSC Centralized Master Proposers List have satisfied this requirement: Ifnot pre -registered, attach name & social security number for each person. Otherwise this information must be provided prior to contract award. 62.4. "Pursuant to Section 231,006, Family Code, re: child support, the proposer certifies that the individual or business entity named in this proposal is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate." U.S.- If a state agency determines that an individual or business entity holding a state contract is ineligible to receive payment under Section (a) the contract may be terminated. 6.2.6. If the certificates required under Subsection (d) is shown to be false, the vendor is liable to the state for attorney's fees, the costs necessary to complete the contract, including the cost of advertising and awarding a second contract, and any other damages provided by law or contract. Added by Acts 1995, 74* Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 741a Leg., ch. 751, Sec. 82, eff. Sept. 1, 1995. ®l0 300 pg.3oa Texas A&M University RFP Alain 1119-0024; Annual Fuel Contract Page 22 oj33 6,3 6.4 6,5 EXECUTION OF OFFER Substitute W-9 Texas A&M University requires all companies and individuals (not employees or students) to have a Substitute W-9 fonn an file. This farm is needed for IRS compliance. Step I: You can obtain the Substitute W-9 form front the Texas A&M University Financial Management Services wabsile at; Inlns:/i fmo.tamn.ed[Jmediar395081lsuhstitutew9.nd1' Step 2: Vendor must fill out the form completely and mail the original to: Texas A&M University Financial Management Services Accounts Payable 6000 TAMU College Station, TX. 77843-6000 Direct Deposit All vendors are encouraged to sign up for direct deposit. The direct deposit form is located at: btlrsllfmo.menu,edn/medin13950811subititutett9.rdr Signature Proposal should give. Payee Identification Number (PIN) (Formerly Vendor ID), full fimt name acid address of proposer (enter in block provided if not shown). Failure to manually sign proposal will disqualify it. The person signing the proposal shuuldshow title or authority to bind his/her firm in contract. The Payee Identification Number is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. Enter this number in the spaces provided on the Execution ofOffer. This offer consists ofpages number (1) through Payee Identification Number (PIN): 74-1857841 Sole Owner should also enter social security No.: Proposer/Company: FikesWholesale Inc. Signature (INR): Name Cryped/Printed): Ed load Title: General Mana_ner_ Street: 6261 Central Pointe Parkway City/Stale/Zip: Temple, Texas 76503 Telephone No.; (254) 791-0009, ext. 6219 FaxNo.: (254)771-1687 E-mail, evounabloodrnitikesinc.coin Other preferences as defined in TAC Title 34, Part 1, Chapter 20, Subchapter C Rule 20.38 (clmcck any that arc applicable) Supplies, materials, equipment, or services produced in TX/ offered by TX bidders U Agricultural products produced or grown in TX C—) Agricultural products and services offered by TX bidders ( ) USA produced supplies, materials, orequipment (� Products or persons with mental nr physical dimliililies (_) Products made of recycled, remanufactured, or environmentally sensitive materials includingrecycled steel U Energy efficient. products U Rubbed7edasplmaltpovingmaterial (� Recycled orator oil and lubricants U Products produced at facilities located on formerly contaminated property (� Products and services from economically depressed or blighted areas THIS SHEET MUST BE COMPLETED, SIGNED, AND RETURNED WITH RESPONDENT'S PROPOSAL. FAILURE. TO SIGN AND RETURN THIS SHEET WILL RESULT IN THE REJECTION OF YOUR PROPOSAL. von. 300 Pg.303 ®sy vYtvF� A�a THE TEXAS A&M My UNIVERSITY SYSTEM .Mata • . •Substitute W9 & Vendor Direct Deposit Form For MINUS Only. Aggle Buy: 02 -Texas A&M University Concur: No Funds: Local Payee Information: Transaction Type; New Vendor Individual/Company/Entity Legal Name: (Must match TiN below): Taxpayer ID #: 74-1857841 Federal Tax i.O Number DBA Name (If Applicable): Fikes Wholesale Inc. Vendor Type - Select all that apply: or SSN - Indlvldual/Sole Proprietor Indlvldual/Sole Proprietorship _ C- Corporation x S - Corporation Partnership Trust/Estate Other Limited Liability Company. Enter the tax classification (C = C corporation, S = S corporation, P -partnership) Exempt payee code (If any) _ Exemption from FATCA reporting code (if any) Vendor Contact Information: Name: (Print Name) Ed Youngblood phone; (254) 791-0009, ext 6219 Please Provide an Emall For Orders: wholesalefuel@fikesinc.com Vendor/indlvlduaI Remit To Address: Order Address (For Business Entities Only): Address: Fikes Wholesale Inc. Address, Fikes Wholesale Inc. P.O. Box 1287 City; Temple state; Texas Zip: 76503 Certification: Under Penalties of perjury, l certify that: P.O. Box 1287 City: Temple Zip: 76503 State: Texas 3. The number shown on this form is my correct taxpayer Identification nwnber (or I am waiting for a number lobe issued tome), and I am not subject to backup withholding because: (a) I am exempt form backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to reporta0 interestor dividends, or (c) the IRS has notified me that I am no long subject to backup withholding, and I am a US citizen or other US person (defined below), and 2. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct Certification Instructions: You must crosscut item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you failed to report all interest & dividends on yourtaxretum. For real estate transactions, item 2 does notapply. Direct Deposit Setup Information -Please fill out all fields to receive direct deposit. 'All Fields must be completed *Will these payments be forwarded to a financial institution outside the U.S.? Fi Yes FT No *Acct Type: I ✓ Checking rt Savings New Setup Account info Bank Name: Bancorp South 47 Routing Number D r r, Account Number Existing Account (Changes Only) if you have an existing ACIP setup with the Texos A&M University System Members & needing to change this section will need to be completed. Routing Number Account Number Email for ACH Notification: Pursuant to Sectlon 403.016, Texas government Code, I authorize the Comptroller of Public Accounts and/or appllcable financlal insthution as designated by Tens A&M University to deposit by electronic tronsfer paymend mored tome by the State os Texas and If necessary, reversal entries and adjustmentsfor any amounts deposhed electronically In onor. The Compmollor &hall deposit the payments in the financial im%fttfon & account designated belo.. I recognize thatxifaRto Prwlde complete& accurate Information on this the procemlar authorization fmn%of theta" maybe delayed arthat my paymenti maybe erroneously transferred electronically. Imnsentto IS eareetocompywith the NatfonalAulomated Clearing House As:ocietfan Runts F. Reguutlans & the CsmptrolWrs mks about electronic transfers as they exist on the data of my signature on this form oras subsequently adopted, amended at repealed. PrintName: Kim Fikes signature: Date: 07/11/2019 Please mail or Fax to: Texas A&M University, FMO -AP, TAMU 000, College Station, TX 77843-6000; 979-458.4191 fax; For questions emall vendorhelp@to iu.edu (Rev 2019) vol_aoQ__ Pg. a)c)q— AcoRD® [_FRTIFICATE OF LIABILITY INSURANCE 0711 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsements . PRODUCER FEDERATED MUTUAL INSURANCE COMPANY HOME OFFICE: P.O. BOX 328 OWATONNA, MN 55050 CONTACT E• CLIENT CONTACT CENTER A c% Est t 888.333-0949 AIC ..,,507-446-4664 aooaEss: CLIENTCONTAC CE TER FEDINS.COM INSURER(S) AFFORDING COVERAGE NAIC 9 A INSURER A: FEDERATED SERVICE INSURANCE COMPANY 26304 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR INSURED 2BS-142-0 INSURER B: INSURER C. FIKES WHOLESALE INC PO BOX 1287 TEMPLE, TX 76303-1287 INSURER D INSURER E. DAMAGE TO RENTED $100,000 M. INSURER F: FI-- --re, rFOTIFIrATF NI IMKFU' Ii _% 11GV1.1lurl wUMOCK: Y THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCEDL ERwV0 SUBR POLICY NUMBER POLICY EFF MMIDD YY, POLICY EXP NIDD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Y Y 6047880 07/01/2019 07/01/2020 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED $100,000 M. MED EXP (My ono Ferse1) EXCLUDED FI-- PERSONALE ADVINJURY $1,000AD0 'L AGGREGATE LIMIT APPLIES PER: PRO•❑LOC!ECT THER: GENERAL AGGREGATE $2,000,000 PRODUCTS• COMPIOP ADO $2,000,000 AUTOMOBILE LIABILITY X ANY AUTO ICHEDA OWNED AUTOS ONLY AUTOS HIRED AUTOS ONLY NON-0WNED AUTOS ONLY Y Y 8047880 07/01/2019 07/01/2020 COMBIVEDSINGLEUMIT $1,000,000 Ea aee den BODILY INJURY(Perpersenj BODILY INJURY (Par aaldanV ROPE TY AMAOE er nee e A X UMBRELLA LIAR EXCESSLNIB X OCCUR CLAIMS -MADE N 1 N 6047884 07/01/2019 07/0112020 EACH OCCURRENCE $20,000,000 AGGREGATE $20,000,000 DED I I RETENTION A WORMERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PRDPRIETORIPARTNERIEXECUTIVEE.L. OFFICER)MEMBEREXCLUDE07 (tAmldatary YI NHI DESCRIPT ON OFdOPERATIONS heJow er NIA N 604TS85 07/01/2019 07/01!2020 X PERSTATUTE 07H ER EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 El DISEASE -POLICYLIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Rematb Schedule, may be attached it more fpem Is requlmd) SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELLATION 285-142.0 6250 TEXAS A&M UNIVERSITY PROCUREMENT SERVICES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO BOX 30013 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN COLLEGE STATION, TX 77842-3013 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE G © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2010103) The ACORD name and logo are registered marks of ACORD Vol. 300 pg. 305 ACORO® IN.� AGENCY CUSTOMER ID: 265-142-0 LOC M ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMEDINSURED FEDERATED MUTUAL INSURANCE COMPANY FIKES WHOLESALE INC PO BOX 1287 TEMPLE, TX 76503-1287 FOUCY NUMBER SEE CERTIFICATE # 625.0 CMRIER NAIC CODE SEE CERTIFICATE # 625.0 EFFEOrr4E DATE SEE CERTIFICATE # 625.0 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE ADDITIONAL INSURED INCLUDES TEXAS A&M UNIVERSITY SYSTEM OF BOARD OF REGIONS FOR AND ON BEHALF OF THE TEXAS A8M UNIVERSITY SYSTEM AND THE TEXAS ARM UNIVERSITY THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ON GENERAL LIABILITY SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION ENDORSEMENT. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ON BUSINESS AUTO LIABILITY. INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE. INSURANCE PROVIDED BY THE BUSINESS AUTO LIABILITY IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE. GENERAL LIABILITY CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER SUBJECT TO THE CONDITIONS OF THE BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY ENDORSEMENT. BUSINESS AUTO LIABILITY CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER SUBJECT TO THE CONDITIONS OF THE BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY ENDORSEMENT.' BUSINESS AUTO POLICY INCLUDES THE MCS -90 ENDORSEMENT. BUSINESS AUTO COVERAGE INCLUDES POLLUTION LIABILITY VIA THE CA 99 48, POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS. AGOHO 101 (YUUBIUI) O 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMISSIONER COURT MINUTES OF SEPTEMBER 241 2019 ARE CONTINUED IN VOLUME 301 PAGE 1 voi. � �o ��. 302 COMMISSIONER COURT MINUTES OF SEPTEMBER 14, 2019 ARE CONTINUED FROM VOLUME 300 COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance - Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B. The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". CA 04 4911 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 F ��I p9. � COMMERCIAL AUTO CA 99 4810 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS - BUSINESS AUTO AND MOTOR CARRIER COVERAGE FORMS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Covered Autos liability Coverage is changed as follows: 1. Paragraph a. of the Pollution Exclusion applies only to liability assumed under a contract or agreement 2. With respect to the coverage afforded by Paragraph A.I. above, Exclusion B.6. Care, Custody Or Control does not apply. B. Changes In Definitions For the purposes of this endorsement, Paragraph D. of the Definitions Section is replaced by the following: D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "Insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or 2. Any claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or b. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraphs a. and b. above do not apply to "accidents" that occur away from premises owned by or rented to an "Insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. CA 99 48 10 13 © Insurance Services Office, Inc., 2011 Vol. pg. 3 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. In the event of any payment for a loss under this Business Auto Coverage Part arising out of your ongoing operations, we agree to waive our rights under the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition against any person or organization, its subsidiaries, directors, agents or employees, for which you have agreed by written contract, prior to the occurrence of any loss, to waive such rights, except when the payment results from the sole negligence of that person or organization, its subsidiaries, directors, agents or employees. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA -F-128 (03-03) Policy Number: 6047880 Transaction Effective Date:07-01-2019 Vol. p9. COMMERCIAL GENERAL LIABILITY CG 20 0104 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. © Insurance Services Office, Inc., 2012 Page 1 of 1 CG 20 0104 13 Policy Number: 6047880 Transaction Effective Date: 07-01-2019 va. 30 i Pg• � FEDERATED INSURANCE COMPANIES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard", except when the payments result from the sole negligence of that person or organization. We waive this right only when you are required to do so by written contract or agreement with that person or organization, executed by you prior to the occurrence of any loss. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG -F-81 (04-13) Policy Number: 6047880 Transaction Effective Date: 07-01-2019 Vol. Pg. �P FORM MCS 90 OMB NO. 2126 -MOB ENDORSEMENT FOR MOTOR CARRIER POLICIES OF INSURANCE FOR PUBLIC LIABILITY UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1960 Issued to FIKES WHOLESALE INC of TEMPLE TX Dated at Owatonna, MN 55060 Amending Policy No 6047880 this 29th day of April Effective Date 07-01-2019 Name of insurance Company FEDERATED SERVICE INSURANCE COMPANY ,20 19 Countersigned by S'L . Rik Authorized Company Representative The policy to which this endorsement Is attached provides primary or excess Insurance, as Indicated by '(X)', for the limits shown: RI This Insurance Is primary and the company shall not be liable for amounts in excess of $ $1,000,000 for each accident. El This Insurance Is excess and the company shall not be liable for amounts In excess or $ for each accident In excess of the underlying limit of $ for each accident. Whenever required by the Federal Motor Carrier Safety Administration (FMCSA), the company agrees to furnish the FMCSA a duplicate of said policy and all Its endorsements The company also agrees, upon telephone request by an authorized representative of the FMCSA, to verify that the policy Is In force as of a particular date. The telephone number to call is: 888-33314949 Cancellation of this endorsement may be effected by the company of the Insured by giving (1) thirty-five (35) days notice in writing to the other party (said 35 days notice to commence from the date the notice Is mailed, proof of mailing shall be sufficient proof of notice), and (2) If the Insured Is subject to the FMCSA's registration requirements under 49 U.S.C. 13901, by providing thirty (30) days notice to the FMCSA (said 30 days notice to commence from the date the notice Is received by th FMCSA at Its office In Washington, D.C.). DEFINITIONS AS USED IN THIS ENDORSEMENT Accident Includes continuous or repeated exposure to conditions which results in bodily Injury, property damage, or environmental damage which the Insured neither expected nor Intended. Motor Vehicle means a land vehicle, machine, truck, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on a highway for transporting property, or any combination thereof. Bodily Injury means Injury to the body, sickness, or disease to any person, including death resulting from any of these. The Insurance policy to which this endorsement is attached provides automobile liability Insurance and Is amended to assure compliance by the Insured, within the limits stated herein, as a motor carrier of property, with Sections 29 and 30 of the Motor Carrier Act of 1980 and the rules and regulations of the Federal Motor Carrier Safety Administration (FMCSA). In consideration of the premium stated in the policy to which this endorsement Is attached, the Insurer (the company) agrees to pay, within the limits of liability described herein, any final judgment recovered against the Insured for public liability resulting from negligence in the operation, maintenance or use of motor vehicles subject to the financial responsibility requirements of Section 29 and 30 of the Motor Carrier Act of 1980 regardless of whether or not each motor vehicle Is specifically described in the policy and whether or not such negligence occurs on any route or in any territory authorized to be served by the Insured or elsewhere. Such Insurance as Is afforded, for public liability, does not apply to injury to or death of the Insured's employees while engaged In the course of their employment, or property transported by the Insured, designated as cargo. It Is understood and agreed that no condition, provision, stipulation, or limitation contained in the policy, this endorsement, or any other endorsement thereon, or violation thereof, shall relieve the company from liability or from the payment Property Damage means damage to or loss of use of tangible property. Environmental Restoration means restitution for the loss, damage, or destruction of natural resources arlsing out of the accidental discharge, dispersal, release or escape Into or upon the land, atmosphere, watercourse, or body of water, of any commodity transported by a motor carrier. This shall Include the cost of removal and the cost of necessary measures taken to minimize or mitigate damage to human health, the natural environment, fish, shellfish, and wildlife. Public Uabllity means liability for bodily Injury, property damage, and environmental restoration. of any final judgment, within the limits of liability herein described, Irrespective of the financial condition, Insolvency or bankruptcy of the Insured. However, all terms, conditions, and limitations In the policy to which the endorsement Is attached shall remain in full force and effect as binding between the Insured and the company. The Insured agrees to reimburse the company for any payment made by the company on account of any accident, claim, or suit Involving a breach of the terms of the policy, and for any payment that the company would not have been obligated to make under the provisions of the policy except for the agreement contained in this endorsement. It is further understood and agreed that, upon failure of the company to pay any final judgment recovered again the Insured as provided herein, the judgment creditor may maintain an action In any court of competent jurisdiction against the company to compel such payment The limits of the company's liability for the amounts prescribed In this endorsement apply separately to each accident and any payment under the policy because of any one accident shall not operate to reduce the liability of the company for the payment of final judgments resulting from any other accident. THE SCHEDULE OF LIMITS SHOWN ON THE REVERSE SIDE DOES NOT PROVIDE COVERAGE. The limits shown in Gia schedule are for Information purposes only. Page 1 of 2 MCS -90 (09-09) Policy Number. 6047880 Transaction Effective Date: 07-01-2019 Yd.30 p9•� SCHEDULE OF LIMITS PUBLIC LIABILITY Type of carriage Commodity transported Jan. 1, 1985 (1) For-hlre (In Interstate or foreign Property (nonhazardous) $750,000 commerce, with a gross vehicle weight rating of 10,000 or more pounds). (2) For -hire and Private (In Interstate, Hazardous substances as defined In 49 CFR 171.8, $510001000 foreign or intrastate commerce, with a transported In cargo tanks, portable tanks, or hopper - gross vehicle weight rating of 10,000 or type vehicles with capacities In excess of 3,500 water more pounds). gallons; or In bulk Divisions 1.1., 1.2, and 1.3 materials. Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A material; in bulk Division 2.1 or 2.2; or highway route controlled quantities of a Class 7 material, as defined in 49 CFR 173.403 (3) For -hire and Private (In Interstate or Oil listed in 49 CFR 172.101; hazardous waste, $1,000,000 foreign commerce, In any quantity, or In hazardous materials, and hazardous substances intrastate commerce, in bulk only; with defined In 49 CFR 171.8 and listed In 49 CFR 172.101, a gross vehicle weight rating of 10,000 but not mentioned In (2) above or (4) below. or more pounds). (4) For-hlre and Private (In Interstate or Any quantity of Division 1.1, 1.2, or 1.3 material; any $5,000,000 foreign commerce, with a gross vehicle quantity of a Division 2.3, Hazard Zone A, or Division weight rating of less than 10,000 6.1, Packing Group I, Hazard Zone A material; or pounds). highway route controlled quantities of a Class 7 material as defined In 49 CFR 173.403. Page 2of2 MCS -90 (09-09) Policy Number: 6047880 Transaction Effective Date: 07-01-2019 Vol. 3 Pg. � a o o►r CERTIFICATE OF LIABILITY INSURANCE °� 07111"' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not canter rl hts to the certificate holder In lieu of such endorsement(s). PRODUCER FEDERATED MUTUAL INSURANCE COMPANY HOME OFFICE: P.O. BOX 328 CONTACT CLIENT C IAICNNe Ese : 888-3334949 alc Ne :507446-4664 ADDRIESS.CLIENTCONTACTCENTER FEDINS.COM OWATONNA, MN 65060 INSURER(S) AFFORDING COVERAGE NAIGR Y INSURER A: FEDERATED MUTUAL INSURANCE COMPANY 13935 07/01/2019 INSURED 357436-5 INSURER a: FEDERATED SERVICE INSURANCE COMPANY 28304 GROUP PETROLEUM SERVICES INC PO BOX 1287 INSURER C INSURER D: TEMPLE, TX 76503-1287 IN6E PERSONAL a ADV INJURY $1,000,ODO INSURERURER F:I 6UVCKH1JC.I GOKIII-IQAIE NUMbt:K: NO REVISION NUMBER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS LTA TYPE OF INSURANCE DL IHSR SUER WVD POLICY NUMBER POLICY EFF IMMIDDIYYYYI POLICY EXP IMMIDOPlYWI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIM6•MADE ZOCCUR Y Y 9290715 07/01/2019 07/01/2020 EACH OCCURRENCE $1,000,000 OAE7AOE T Reere0 nm $100,000 MED EXP (Any and person) EXCLUDED PERSONAL a ADV INJURY $1,000,ODO �1...A:Y.RE O TE LIMIT APPLIES PER: �ECT ElLOC HER: GENERAL AGGREGATE $2,000,000 PRODUCTS-COMPIOP ADD $2,000,000 A AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY AUTO. HIRED AUTOS ONLY NON -OWNED AUTOS ONLY Y Y 9290715 07/01/2019 07/01/2020 COMBIVED SINOLE LIMIT $1,000,000 Ee eerJde BODILY INJURY (Par person) BODILY INJURY (Por accldenq PROP AMAOE a ae A X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE N N - 9290719 07/01/2019 07/01/2020 EACH OCCURRENCE $20,000,000 AGGREGATE $20,000,000 DED I IRETENTION B WORKERS COMPENSATION EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERRIXECUTIVE OFFICER/MEMBER EXCLUDED? (M?ndeloryIn NHI trader DESCRIPon DESCRIPTION OPERATIONS bG10W n/A Y 9290718 07/01/2019 07/01/2020 X PER STATUTE OER AND E.L. EACH ACCIDENT $11000,000 E.L. DISEASE • EA EMPLOYEE $1,000,000 E.L DISEASE - POLICY LIMIT $1,00.000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Addidanal Remarks Schedule, may be effirhed If more space Is required) SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELLATION 357.436.5 1830 TEXAS A&M UNIVERSITY PROCUREMENT SERVICES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO BOX 30013 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN COLLEGE STATION, TX 77842-3013 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1989-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (20115103) The ACORD name and logo are registered marks of ACORD va pg, ACORO® 164.� AGENCY CUSTOMER ID: 357436.5 LOC ip ADDITIONAL REMARKS SCHEDULE Page 1 of - -L- AGENCY NAMED INSURED FEDERATED MUTUAL INSURANCE COMPANY GROUP PETROLEUM SERVICES INC PO BOX 1287 TEMPLE, TX 76503.1267 POLICY NUMBER SEE CERTIFICATE # 183.0 CARRIER NAIC CODE SEE CERTIFICATE # 183.0 EFFECTIVE DATE! SEE CERTIFICATE # 183.0 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: _CERTIFICATE OF LIABILITY INSURANCE POLICY COVERAGE AS OF 07/10/2019 THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ON GENERAL LIABILITY SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION ENDORSEMENT. THE CERTIFICATE HOLDER IS A DESIGNATED INSURED ON BUSINESS AUTO LIABILITY SUBJECT TO THE CONDITIONS OF THE DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE. ADDITIONAL INSURED INCLUDES TEXAS A&M UNIVERSITY SYSTEM OF BOARD OF REGICNS FOR AND ON BEHALF OF THE TEXAS A&M UNIVERSITY SYSTEM AND THE TEXAS ARM UNIVERSITY INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE. INSURANCE PROVIDED BY THE BUSINESS AUTO LIABILITY IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE. BUSINESS AUTO LIABILITY CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER SUBJECT TO THE CONDITIONS OF THE BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY ENDORSEMENT. GENERAL LIABILITY CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER SUBJECT TO THE CONDITIONS OF THE BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY ENDORSEMENT. BUSINESS AUTO POLICY INCLUDES THE MCS -90 ENDORSEMENT. BUSINESS AUTO COVERAGE INCLUDES POLLUTION LIABILITY VIA THE CA 99 48, POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS. ACORD 1D1 (20DB1111) ® 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks Of ACORD Vol. dol gig. 10 COMMERCIAL AUTO CA 04 4911 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance B. Condition in the Business Auto Coverage Form and the Other Insurance - Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other Insurance available to such "insured". The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "Insured". CA 04 4911 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 COMMERCIAL AUTO CA 99 4810 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS - BUSINESS AUTO AND MOTOR CARRIER COVERAGE FORMS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Covered Autos Liability Coverage is changed as follows. 1. Paragraph a. of the Pollution Exclusion applies only to liability assumed under a contract or agreement. 2. With respect to the coverage afforded by Paragraph A.1, above, Exclusion B.6. Care, Custody Or Control does not apply. B. Changes In Definitions For the purposes of this endorsement, Paragraph D. of the Definitions Section is replaced by the following: D. "Covered pollution cost or expense" means any cost or expense arising out of 1. Any request, demand, order or statutory or regulatory requirement that any "Insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way -respond to, or assess the effects of "pollutants"; or 2. Any claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". "Covered pollution cost or expense" does not Include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "Insured" for movement into or onto the covered "auto"; or b. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraphs a. and b. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. CA 99 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Vol. e9• �a THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. In the event of any payment for a loss under this Business Auto Coverage Part arising out of your ongoing operations, we agree to waive our rights under the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition against any person or organization, its subsidiaries, directors, agents or employees, for which you have agreed by written contract, prior to the occurrence of any loss, to waive such rights, except when the payment results from the sole negligence of that person or organization, its subsidiaries, directors, agents or employees. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA -F-128 (03-03) Policy Number: 9290716 Transaction Effective Date:07-01-2019 Vol. o I Ps. 13 COMMERCIAL GENERAL LIABILITY CG 20 0104 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. © Insurance Services Office, Inc., 2012 Page 1 of 1 CG 20 0104 13 Policy Number: 9290716 Transaction Effective Date: 07-01-2019 FEDERATED INSURANCE COMPANIES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard", except when the payments result from the sole negligence of that person or organization. We waive this right only when you are required to do so by written contract or agreement with that person or organization, executed by you prior to the occurrence of any loss. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG -F-81 (04-13) Policy Number: 9290716 Transaction Effective Date: 07-01-2019 Vol., 30 ( P9. I5— FORM MCS 90 OMB NO. 2128-0008 ENDORSEMENT FOR MOTOR CARRIER POLICIES OF INSURANCE FOR PUBLIC LIABILITY UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980 Issued to GROUP PETROLEUM SERVICES INC of TEMPLE TX Dated at Owatonna, MN 55060 Amending Policy No 9290716 this 29th day of April Effective Date 07-01-2019 Name of Insurance Company FEDERATED MUTUAL INSURANCE COMPANY ,20 19 Countersigned by S,41-1 I" k Authorized Company Representative The policy to which this endorsement Is attached provides primary or excess Insurance, as Indicated by "jXj", for the limits shown: FX This Insurance is primary and the company shall not be liable for amounts in excess of $ $1,000,000 for each accident This Insurance Is excess and the company shall not be liable for amounts In excess of $ for each accident In excess of the underlying limit of $ for each accident Whenever required by the Federal Motor Carrier Safety Administration (FMCSA), the company agrees to furnish the FMCSA a duplicate of said policy and all Its endorsements The company also agrees, upon telephone request by an authorized representative of the FMCSA, to verify that the policy Is In force as of a particular date. The telephone number to call Is: 888-333-4949 Cancellation of this endorsement may be effected by the company of the Insured by giving (1) thirty-five (35) days notice in writing to the other party (said 35 days notice to commence from the date the notice Is mailed, proof of mailing shall be sufficient proof of notice), and (2) if the Insured is subject to the FMCSA's registration requirements under 49 U.S.C. 13901, by providing thirty (30) days notice to the FMCSA (said 30 days notice to commence from the date the notice is received by th FMCSA at its office In Washington, D.C.). DEFINITIONS AS USED IN THiS ENDORSEMENT Accident Includes continuous or repeated exposure to conditions which results in bodily injury, property damage, or environmental damage which the Insured neither expected nor Intended. Motor Vehicle means a land vehicle, machine, truck, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on a highway for transporting property, or any combination thereof. Bodily Injury means Injury to the body, sickness, or disease to any person, Including death resulting from any of these. The Insurance policy to which this endorsement Is attached provides automobile liability Insurance and Is amended to assure compliance by the insured, within the limits stated herein, as a motor carrier of property, with Sections 29 and 30 of the Motor Carrier Act of 1980 and the rules and regulations of the Federal Motor Carrier Safety Administration (FMCSA). In consideration of the premium stated In the policy to which this endorsement is attached, the Insurer (the company) agrees to pay, within the limits of liability described herein, any final judgment recovered against the insured for public liability resulting from negligence In the operation, maintenance or use of motor vehicles subject to the financial responsibility requirements of Section 29 and 30 of the Motor Carrier Act of 1980 regardless of whether or not each motor vehicle Is specifically described In the policy and whether or not such negligence occurs on any route or In any territory authorized to be served by the insured or elsewhere. Such Insurance as is afforded, for public liability, does not apply to injury to or death of the Insured's employees while engaged In the course of their employment, or property transported by the Insured, designated as cargo. It is understood and agreed that no condition, provision, stipulation, or limitation contained in the policy, this endorsement, or any other endorsement thereon, or violation thereof, shall relieve the company from liability or from the payment Property Damage means damage to or loss of use of tangible property. Environmental Restoration means restitution for the loss, damage, or destruction of natural resources arising out of the accidental discharge, dispersal, release or escape into or upon the land, atmosphere, watercourse, or body of water, of any commodity transported by a motor carrier. This shall Include the cost of removal and the cost of necessary measures taken to minimize or mitigate damage to human health, the natural environment, fish, shellfish, and wildlife. Public Liability means liability for bodily Injury, property damage, and environmental restoration. of any final judgment, within the limits of liability herein described, Irrespective of the financial condition, Insolvency or bankruptcy of the Insured. However, all terms, conditions, and limitations in the policy to which the endorsement is attached shall remain in full force and effect as binding between the insured and the company. The insured agrees to reimburse the company for any payment made by the company on account of any accident, claim, or suit involving a breach of the terms of the policy, and for any payment that the company would not have been obligated to make under the provisions of the policy except for the agreement contained In this endorsement It is further understood and agreed that, upon failure of the company to pay any final judgment recovered again the Insured as provided herein, the judgment creditor may maintain an action in any court of competent jurisdiction against the company to compel such payment The limits of the company's liability for the amounts prescribed In this endorsement apply separately to each accident and any payment under the policy because of any one accident shall not operate to reduce the liability of the company for the payment of final judgments resulting from any other accident. THE SCHEDULE OF LIMITS SHOWN ON THE REVERSE SIDE DOES NOT PROVIDE COVERAGE. The limns shown in fie schedule are for Information purposes only. Page 1 of 2 MCS -90 (09-09) Policy Number: 9290716 Transaction Effective Date: 07-01-2019 Vd.y�C) I pg. � .O SCHEDULE OF LIMITS PUBLIC LIABILITY Type of carriage Commodity transported Jan. 1, 1985 (1) For -hire (In Interstate or foreign Property (nonhazardous) $750,000 commerce, with a gross vehicle weight rating of 10,000 or more pounds). (2) For -hire and Private (In Interstate, Hazardous substances as defined In 49 CFR 171.8, $5,000,000 foreign or Intrastate commerce, with a transported in cargo tanks, portable tanks, or hopper - gross vehicle weight rating of 10,000 or type vehicles with capaclties In excess of 3,500 water more pounds), gallons; or In bulk Divisions 1.1., 1.2, and 1.3 materials. Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A material; in bulk Division 2.1 or 2.2; or highway route controlled quantities of a Class 7 material, as defined In 49 CFR 173.403 (3) For -hire and Private (In Interstate or Oil listed In 49 CFR 172.101; hazardous waste, $1,000,000 foreign commerce, In any quantity, or In hazardous materials, and hazardous substances Intrastate commerce, In bulk only; with defined in 49 CFR 171.8 and listed in 49 CFR 172.101, a gross vehicle weight rating of 10,000 but not mentioned In (2) above or (4) below. or more pounds). (4) For -hire and Private (In Interstate or Any quantity of Division 1.1, 1.21 or 1.3 material; any $5,000,000 foreign commerce, with a gross vehicle quantity of a Division 2.3, Hazard Zone A, or Division weight rating of less than 10,000 6.1, Packing Group I, Hazard Zone A material; or pounds). highway route controlled quantities of a Class 7 material as defined In 49 CFR 173.403. Page 2 of 2 MCS -90 (09-09) Policy Number: 9290716 Transaction Effective Date: 07-01-2019 VOL 301 Pg. -a WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement, effective on 07-01-2019 at 12:01 A.M. standard time, forms a part of Policy No. 9290718 Issued to GROUP PETROLEUM SERVICES INC Issued by FEDERATED SERVICE INSURANCE COMPANY Endorsement No. 1 Authorized Representative This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. F� Specific Waiver Name of person or organization: 0 Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be 0 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. WC 42 03 04 B (06-14) Issue Date: 04-29-2019 Vol. Pg,_ Rev. 2117 YyA� 1 HUB Subcontracting Pian (HSP) 57 QUICK CHECKLIST While this HSR Quick Checklist Is being provided to merely assist you in readilyidentifying the sections of the HSP form that you will need to complete, it is very Important that you adhere to the instructions in the HSP form and instructions provided by the contracting agency. y If you will be awarding all of the subcontracting work you have to offer under the contract to only Texas certified HUB vendors, complete: ❑ Section 1- Respondent and Requisition Information i] Section 2 a, - Yes, I will be subcontracting portions of the contract, Q Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors. Q Section 2 c. - Yes ❑ Secdon4-Affirmation 1E GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b. r If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non -HUB vendors, and the aggregate percentage.of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you do not have a _ronfinuous contract In place for more than five (5) years meets or exceeds the HUB Goal the contracting agency identified in the "Agency Special rnstructionslAdditional Requirements", complete: ❑ Section 1- Respondent and Requisition information ❑ Section 2 a. - Yes, I will be subcontracting portions of the contract ❑ Section 2 b. - List all the portions of work you will subcontract, and Indicate the percentage of the contractyou expect to award to Texas certified HUB vendor; and Non -HUB vendors. ❑ Section 2 c. - No ❑ Section 2 d. - Yes ❑ Section 4 -Affirmation ❑ GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b. If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non -HUB vendors or only to Non -HUB vendors, and the aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you do not have a continuous contract' In place for more than five (5) years does not meet er exceed the HUB Goal the contracting agency Identified In the "Agency Special instructionslAdditional Requirements", complete: ❑ Section 1- Respondent and Requisition Information ❑ Section 2 a. - Yes, I will be subcontracting portions of the contract. ❑ Section 2 b. - List all the portions of work you will subcontract, and Indicate the percentage of the contract you expect to award to Texas certified HUB vendors and Non -HUB vendors. ❑ Section 2 c. - No ❑ Section 2d. -No ❑ Section 4 -Affirmation ❑ GFE Method B (Attachment B) - Complete an Attachment B for each of the subcontracting opportunities you listed In Section 2 b. If you will not be subcontracting any portion of the contract and will he fulfilling the entire contract with your own resources (i.e., employees, supplies, materials and/or equipment), complete: ❑ Section 1- Respondent and Requisition Information ❑ Section 2 a. - No, I will not be subcontracting any portion of the contract, and I will he fulfilling the entire contract with my own resources. ❑ Section 3 - Self Performing Justification ❑ Section4-Affirmation •contln o s Contoc., Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor where the HUB vendor provides the prime contractor with goods or service, to include under the some contract for a specified period of time, The frequency the HUB vendor Is utilized or paid during the term of the contract is not relevant to whether the contract Is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be Individual contracts rather than renewals or extensions to the odglnai contract. In such situations the prime contractor and HUB vendor are entering (have entered) Info 'new" contracts. 9E -o Rev. 2/17 HUB Subcontracting Plan (HSP) In accordance with Texas Gov't Code §2161.252, the contracting agency has determined that subcontracting opportunities are probable under this contract. Therefore, all respondents, including State of Texas certified Historically Underutilized Businesses (HUBs) must complete and submit this State of Texas HUB Subcontracting Plan (HSP) with their response to the bid requisition (solicitation). NOTE: Responses that do not Include a completed HSP shall be rejected pursuant to Texas Gov't Code §2161.252(b). The HUB Program promotes equal business opportunities for economically disadvantaged persons to contract with the Slate of Texas in accordance with the goals specified in the 2009 State of Texas Disparity Study. The statewide HUB goals defined in 34 Texas Administrative Code (TAC) §20.284 are: • 11.2 percent for heavy construction other than building contracts, • 21.1 percent for all building construction, including general contractors and operative builders' contracts, 32.9 percent for all special trade construction contracts, • 23.7 percent for professional services contracts, • 26.0 percent for all other services contracts, and • 21.1 percent for commodities contracts. - - Agency Special Instructions/Additional Requirements - - In accordance with 34 TAC §20.265(d)(1J(D)(ifi), a respondent (prime contractor) may demonstrate good faith effort to utilize Texas certified HUBs for its subcontracting opportunities if the total value of the respondent's subcontracts with Texas certified HUBs meets or exceeds the statewide HUB goal or the agency specific HUB goal, whichever is higher. when a respondent uses this method to demonstrate good faith effort the respondent must identify the HUBs with which it will subcontract. if using existing contracts with Texas ceffiffed HUBs to satisfy this requirement, only the aggregate percentage of the contracts expected to be subcontracted to HUBs with which the respondent does not have a continuous contract' in place for more than five (5) years shall qualify for meeting the HUB goal This limitation Is designed to encourage vendor rotation as recommended by the 2009 Texas Disparity Study. The following Texas A&M University specific HUB goals shall be utilized: 5 percent for heavy construction other than building contracts, 21.5 percent for all building construction, including general contractors and operative builders contracts, 22.3 percent for all special trade construction contracts, 23.7 percent for professional services contracts, 15 percent for all other services contracts, and 24.69 percent for commodities contracts. RESPONDENT AND REQUISITION INFORMATION a. Respondent (Company) Name: Flkes Wholesale Inc. PointofContact: Ed Youngblood State of Texas VID #; 1-74-1857841-9 Phone #: 254-791-0009 , ext. 6219 E-mail Address: eyoungblood@fikesinc.corn Fax #. 254-899-1616 b. Is your company a Stale of Texas certified HUB? ❑ - yes p - No c. Requisition #: 19-0024 voePg. a� Bid Open Date:, 07/19/2019 (mmld"ft Rev. 2117 Enter your company's name here: Fikes Wholesale Inc. Requisition t 19-0024 ' RESPONDENT's SUBCONTRACTING INTENTIONS After dividing the contract work into reasonable lots or portions to the extent consistent with prudent industry practices, and laking into consideration the scope of work to be performed under the proposed contract, including all potential subcontracting opportunities, the respondent must determine what portions of work, including contracted staffing, goods and services will be subcontracted. Note; In accordance with 34 TAC §20.282, a'Subcontractor" means a person who contracts with a.pdme contractor to work, to supply commodities, or to contribute toward completing work for a governmental entity. a. Check the appropriate box (Yes or No) that identifies your subcontracting intentions: p - Yes, I will be subcontracting portions of the contract. (If Yes, complete Item b of this SECTION and continue to Item c of this SECTION,) ❑ - No, I will not be subcontracting aU portion of the contract, and I will be fulfilling_ the entire contract with my own resources, including employees, goods and services. (If No, continue to SECTION 3 and SECTION 4.) b. List all the portions of work (subcontracting opportunities) you will subcontract, Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBS, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non -HUB). Item # SubcontractingOpportunity Description Yp yexpected HUBS Non-HUBs Porcentago ofthe contract Percentage of the contract to be subconknated to expected to be aubcantracted to HUBs with which you do not have Hiles with which you 112VO a a.coneinueuscontracY rnplace continuous contract• Inplaeefor rormora Ihon five /gl yoatc. Tote than rive f5l Am Percentage of 010 contract expected to he subcontracted to non•HUas. 1 Delivery of Fuel (Diesel, Diesel Exhaust, Dyed Diesel, and Unleaded) 27% % % 2 % % % 3 % % % 4 % % 5 % % % 6 % % % 7 % % % 8 % % % 9 % % % 10 % % % 11 % % % 12 % % % 13 % % % 14 % % % 15 % % % Aggregate percentages of th a contract expected to be subcontracted: 27% % % (Note: If you have more than fifteen subcontracting opportunities, a continuation sheet is available online at httos:/lunvw.comotraller.texas.gov/purchasing/uendoi-/hubiforTns.Dhp). C. Check the appropriate box (Yes or No) that indicates whether you will be using only Texas certified HUBS to perform all of the subcontracting opportunities you listed in SECTION 2, Item b. O - Yes (If Yes, continue to SECTION 4 and complete an 'HSP Good Faith Effort - Method A (Aifachment A)' far each of the subcontracting opportunities you listed.) ❑ - No Of No, continue to Item d, of this SECTION.) d. Check the appropriate box (Yes or No) that indicates whether the aggregate expected percentage of the contract you will subcontract with Texas certified Hugs with which you do not have a continuous contract` in place with for more than five (51 years, meets or exceeds the HUB goal the contracting agency identified on page 1 in the 'Agency Special Instructions/Additional Requirements.° El - Yes (if Yes.confinue to SECTION 4 and complete an "HSP Good Faith Effort- Method A (Attachment A)' for each of the subcontracting opportunities you listed.) ❑ - No (If No, continue to SECTION 4 and complete an 'HSP Good Faith Effort - Method B (Attachment B)' for each of the subcontracting opportunities you listed.) 'ConftnllpUS Contract: Any existing written agreement (Including any renewals that are exercised) between a prime contractor and a HUB vendor, where the NUB vendor provides the prime contractor with goods or service under the same contract for a specified period or time. The frequency the HUB vendor Is utilized or paid during the term of the contract /s not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into new° contracts. Rev. 7/17 Enter your company's name here: Fikes Wholesale Inc. Requisition #: 19-0024 MZMMRESPONDENT's SUBCONTRACTING INTENTIONS (CONTINUATION SHEET) This page can be used as a continuation sheet to the HSP Form's page 2, Section 2, Item b. Continue listing the portions of work (subcontracting opportunities) you Will subcontract. Also, based on the total value of the contract, Identify the percentages of the contract you expect to award to Texas certified HUBS, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non -HUB). Item # HUes Percenlage of the contract Percentage of the contract Subcontracting Opportunity Description expected to be subcontracled to expaeted to ba subcontracted to HUee with which you do net have HUee with whleh you have a e continuous egnlraxt• In place ceniinuous contra In place for rar more ttpn nvn 151 years, more Than rive 151 vean, Non -HUBS Percentage of the contract expected to be subcontracted to non-HUas. 16 % % % 17 % % % 18 % % % 19 % % % 20 % % % 21 % % % 22 % % % 23 % % % 24 % % % 25 % % % 26 % % % 27 ale % % 28 % % % 29 % % % 30 % % % 31 % % % 32 % % % 33 % % % 34 % % % 35 % % % 36 % % % 37 % % % 38 % % % 39 % % % 40 % % % 41 % % % 42 ale % % 43 % % % Aggregate percentages of the contractexpectedtobesubcontracted: % /e % *Continuous Cnafmcf. Any axlsting written agreement (Including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods orservice under the same contract fora specired period of time. The frequency the HUB vendorls utilized or paid during the term of the contract is not relevant to whether the contract Is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be Individual. contracts rather than renewals or oxtansions to the original contract. In such situations tho prime contractor and HUB vcndorare entering (have entered) Info "new" contracts. HSP — SECTION 2 (Continuation Sheet) Vol. Pg --C3&- Rev. 2117 Enter your company's name here: Fikes Wholesale Inc. Requisition #: 19-0024 I SELF PERFORMING .JUSTIFICATION (if you respondod "No' to SECTION 2, item a, you must template Ihis SECTION and continue to SECTION 4.) If YOU responded 'No' to SECTION 2, Item a, in the space provided below explain how your company will perform the entire contract with its own employees, supplies, materials andlbr equipment. AFFIRMATION As evidenced by my signature below, I affirm that I am an authorized representative of the respondent listed in SECTION 1, and that the information and supporting documentation submitted with the HSP is true and correct. Respondent understands and agrees that, if awarded any nortinn of 1hp reaulsitinn: • The respondent will provide notice as soon as practical to all the subcontractors (HUBS and Non-HUBs) of their selection as a subcontractor for the awarded contract. The notice must specify at a minimum the contracting agency's name and its point of contact for the contract, the contract award number, the subcontracting opportunity they (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total Contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency's point of contact for the contract no later than ten (10) working days after the contract is awarded. • The respondent must submit monthly Compliance reports (Prime Contractor Progress Assessment Report — PAR) to the contracting agency, verifying Its compliance with the HSP, including the use of and expenditures made to its subcontractors (HUBS and Nan-HUBs). (The PAR is available at https:#wwvi.comptroller.texas.govlourchasinaldoesihub-forms/ProggssAssessmen[RepoOForm xls). • The respondent must seek approval from the Contracting agency prior to making any modifications to its HSP, including the hiring of additional or different subcontractors and the termination of a subcontractor the respondent identified in its HSP. If the HSP is modified without the contracting agency's prior approval, respondent may be subject to any and all enforcement remedies available under the contract or otherwise available by law, up to and Including debarment from all state contracting. • The respondent must, upon yf quest allow the Contracting agency to perform on-site reviews of the company's headquarters and/or work -site where services are being performeg and m st provide documentation regarding staffing and other resources. Ed Youngblood General Mgr. 07/09/2019 Signature Printed Name Title Date (Mmme yy) hinder: If you responded 'Yes' to SECTION 2, Items c or d, you must complete an 'HSP Good Faith Effort - Method A (Attachment A)' for each of the subcontracting opportunities you listed in SECTION 2, Item b. )0, If you responded 'No' SECTION 2, Items c and d, you must complete an 'HSP Good Faith Effort - Method B (Attachment B)" for each of the subcontracting opportunities you listed in SECTION 2, Item b. �g. Vol �':oI � HSP Good Faith Effort - Method A (AttachmentA) Rev. 2111 Enter your company's name here: Fikes Wholesale Inc. Requisition #: 19-0024 I IMPORTANT: It you responded 'red' to SECTION 2, Items c or d of the completed HSP form, you must submit a completed 'HSP Good Faith Effort - Method A (Attachment A)' for each of the subcontracting opportunities you listed In SECTION 2, Item b of the completed HSP form. You may photo -copy this page or download the form at https•Ilwww comptroller texas govlourchasintildocs/hub-formsfhub-sbcont-plan4e-achm-a odf SUBCONTRACTING OPPORTUNITY Enter the item number and description of the. subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing the attachment. Item Number: 1 Description: Delivery of Fuel (Diesel, Diesel Exhaust, Dyed Diesel, and Unleaded) SUBCONTRACTOR SELECTION List the subcontractor(s) you selected to perform the subcontracting opportunity you Listed above in SECTION A-1. Also identify whether they are a Texas certified HUB and their Texas Vendor Identification (VID) Number or federal Employer Identification Number (EIN), the approximate dollar value of the work to be subcontracted, and the expected percentage of work to be subcontracted. When searching for Texas certified HUBs and verifying their HUB status, ensure that you use the State of Texas' Centralized Master Bidders List (CMBL) - Historically Underutilized Business (HUB) Directory Search located at htiDellmvcoa cooslateAAisltoassembisearchrrndex,iso. HUB status code'A signifies that the comoanv is a Texas certified HUB. Texas VID or federal EIN Company Name Texas cortified HUB DonotmlaSxilsc=ityNumban 11 Tau da.t I EIN. loN=ii V01 SIN 6e41 hNO. Approximate DollarAmount Expected Percentage of Contract Ranger Elite Management, LLC p -Yes El- No 1452443641800 $ 27% 0 -Yes ❑-No $ b% CI- Yes ❑- No $ °% ❑-Yes [3 -No $ °% ❑ - Yes ❑- No $ °% ❑ - Yes ❑- No $ % ❑-Yes ❑-No $ % ❑ - Yes ❑- No S °% ❑-Yes 0 -No S % [3 -Yes 0- No $ % ❑ -Yes ❑-No $ b% ❑ - Yes ❑- No $ b/o ❑ -yes O - No $ % ❑ -Yes ❑- No $ o% ❑ - Yes [3 -No $ % ❑ - Yes ❑- No $ % ❑ - Yes ❑-No $ % ❑ - Yes ❑- No $ % ❑-Y.es [3- No $ % ❑ - Yes [3 -No $ % ❑-Yes El -No $ % ❑ -Yes O - No $ % ❑-Yes [3 -No 5 % REMINDER: As specified in SECTION 4 of the completed HSP form, if you(respondent) are awarded any portion of the requi ition, you are required to provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor. The notice must specify at a minimum the contracting agency's name and its point of contact for the contract, the contract award number, the subcontracting opportunity they (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency's point of contact for the contract no later than ten (10) working days after the contract is awarded. Page 1 of 1 (Attachment A) F Vol. pg-_2�_- gL- Pg ---c9—' HSP Good Faith Effort - Method B (Attachmont B) Rev. 7177 I Enter your company's name here: Fikes Wholesale Inc. Requisition #: 19-0024 IMPORTANT- if you responded "No" to SECTION 2, Items c and of of the completed HSP form, you must submit a completed 'HSP Good Faith Efforf - Method B (Attachment B)' for each of the subcontracting opportunities you listed in SECTION 2, Item b of the completed HSP form. You may photocopy this page or download the format httos:l/vrmw.comotrotier texas govlourchasiUldocsmub forms!huh-sbcont-clan-gfe-achm-b.odf.. ®. SUBCONTRACTING OPPORTUNITY Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing the attachment. Item Number:Description', MENTOR PROTtGt PROGRAM If respondent is participating as a Mentor in a State of Texas Mentor Prottg6 Program, submitting its Protege (Prot6gb must be a State of Texas certified HUB) as a subcontractor to perforrd the subcontracting opportunity listed in SECTION B-1, constitutes a good faith effort to subcontract with a Texas certified HUB towards that jRgj2jg portion of work. Check the appropriate box (Yes or No) that indicates whether you will be subcontracting the portion of work you listed in SECTION B-1 to your Protege. El - Yes (If Yes, continue to SECTION 8-4,) ❑ - No 1 Not Applicable (If No or Not Applicable, continue to SECTION B-3 and SECTION &4.) NOTIFICATION OF SUBCONTRACTING OPPORTUNITY When completing this section you MUST comply with items a, b, c and of thereby demonstrating your Good Faith Effort of having notified Texas certified HUBS and trade organizations or development centers about the subcontracting opportunity you listed in SECTION B-1. Your notice should include the scope of work, information regarding the location to review plans and specifications, bonding and insurance requirements, required qualifications, and identify a contact person. When sending notice of your subcontracting opportunity, you are encouraged to use the attached HUB Subcontracting Opportunity Notice form, which is also available onrine at httos•/lwAav comptroller texas -q vlpurchasina/docs!hub-farms/HUBSubcontracting0pportunitvidotificationForm cdf Retain supporting documentation (i.e., certified letter, fax, e-mail) demonstrating evidence of your good faith effort to notify the Texas certified HUBS and trade organizations or development centers. Also, be mindful that a working day is considered a normal business day of a state agency, not including weekends,federal or state holidays, or days the agency is declared closed by its executive officer. The Initial day the subcontracting opportunity notice is sent/provided to the HUBs and to the trade organizations or development centers is considered to be "day zero° and does not count as one of the seven (7) working days. a. Provide written notification of the subcontracting opportunity you listed in SECTION B-1, to three (3) or more Texas certified HUBS. Unless the contracting agency specified a different time period, you must allow the HUBS at least seven (7) workingdays to respond to the notice prior to you submitting your bid response to the contracting agency. When searching for Texas certified HUBs and verifying their HUB status, ensure that you use the State of Texas' Centralized Master Bidders List (CiviBL) - Historically Underutilized Business (HUB) Directory Search located at htto:/lmycpa.coa.state.tx.usltoasscmblsearchfindexiso. HUB status code 'A' signifies that the company is a Texas certified HUB. b. List the three (3) Texas certified HUBs you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the company's Texas Vendor Identification (VID) Number, the date you sent notice to that company, and indicate whether it was responsive or non-responsive to your subcontracting oDoortunity notice, Company Name Texas VID Date Notice Sent Old the HUB Respond? (0e not entor sod:( Soal3y xmnbu j (mmrdd4yM ❑ - Yes ❑ -No Q -Yes No Q -Yes No c. c. Provide written nolftation of the subcontracting opportunity you listed in SECTION B-1 to two M or more trade organizations or development centers in Texa to assist in identifying potential HUBS by disseminating the subcontracting opportunity to their members/participants. Unless the contracting agency specified a different time period, you must provide your subcontracting opportunity notice to trade organizations or development centers at_least seven (7) working days prior to submitting your bid response to the contracting agency. A list of trade organizations and development centers that have expressed an interest in receiving notices of subcontracting opportunities is available on the Statewide HUB Program's webpage at hfps•lh ww comptroller texas cov/ourchasinalvendar/hubtresources cho. d. List two rzl trade organizations or development centers you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the date when you sent notice to it and indicate If it accepted or rejected your notice. Trade Organizations or Development Centers Data Notice Sent Was the Notice Accepted? Imwddtrvvrl ❑-Yes ❑-No ❑•Yes No Page 1 of 2 (Attachment B) vol. 30\ Pg.�- HSP Good Faith Effort - Method E (Attachment BJ Cont. Rev. 2f17 I Enter your company's name here: Fikes wholesale Inc. Requisition #: 19-0024 I SUBCONTRACTOR SELECTION Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing the attachment a. Enter the ftem number and description of the subcontracting opportunity for which you are completing this Attachment B continuation page. Item Number. Description: b. List the subcontractor(s) you selected to perform the subcontracting opportunity you listed in SECTION B4. Also identify whether they are a Texas certified HUB and their Texas Vendor Identification (VID) Number or federal Emplioyer Identification Number (EIN), the approximate dollar value of the work to be subcontracted, and the expected percentage of work to be subcontracted. When searching for Texas certified HUBs and verifying their HUB status, ensure that you use the State of Texas' Centralized Master Bidders List (CMBL) - Historically Underutilized Business (HUB) Directory Search located at httpl/lmvcoa cpa state tx uslt osR scmb(searchfindex iso. HUB status code'X signifies that the company Is a Texas cerfiried HUB. Texas VID or federal EIN Company Name Texas certified HUB DnInatonl.¢oGt&dz1S¢otcevltntVrIDNur mEbINv. lnvthe�MDEN ddbml. Approximate Do1lelAmaunt Expected Percentage of Contract ❑-Yes ❑-No $ % ❑-Yes ❑-No $ % ❑-Yes ❑-No $ % ❑-Yes 0 -Na $ % ❑-Yes ❑-No $ % ❑-Yes ❑-No $ % ❑- Yes ❑-No $ % ❑-Yes ❑- No $ % a Yes ❑-No $ % ❑-Yes CI -No $ % C. If any of the subcontractors you have selected to perform the subcontracting opportunity you listed in SECTION B-1 is no a Texas certified HUB, provide written justification for your selection process (attach additional page if necessary): REMINDER: As specified In SECTION 4 of the completed HSP form, If you (respondent) are awarded anyVodion o_ fo the requisition, you are required to provide notice as soon as practical to all the subcontractors (HUBS and Non -HUBS) of their selection as a subcontractor. The notice must specify at a minimum the contracting agency's name and its point of contact for the contract, the contract award number, the subcontracting opportunity it (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency's point of contact for the contract no later than ten (101 working days after the contract is awarded. Page 2of2 (Attachment B) E. _mol____ �g��- Rev. 4177 HUB Subcontracting Opportunity Notification Form In accordance with Texas Godt Code, Chapter 2161, each state agency that considers entering into a contract with an expected value of $100,000 or more shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the contract The state agency I have identified below in Section B hes determined that subcontracting opportunities are probable under the requisition to which my company will be responding. 34 Texas Administrative Code, §20.285 requires all respondents (prime contractors) bidding on the contract to provide notice of each of their subcontracting opportunities to at least three 3 Texas certified HUBs (who work within the respective industry applicable to the subcontracting opportunity), and allow the HUBs at feast seven 1?1 working dans to respond to the notice prior to the respondent submitting its bid response to the contracting agency. In addition, at least seven t71 working days prior to submitting its bid response to the contracting agency, the respondent must provide notice of each of its subcontracting opportunities to two r21 or more trade organizalioos or development centers (in Texas) that serves members of groups (i.e., Asian Pacific American, Black American, Hispanic American, Nafive American, Woman, Service Disabled Veteran) identified in Texas Administrative Code §20.282(19)(C). We respectfully request that vendors interested in bidding on the subcontracting opportunity scope of work identified in Section C, Item 2, reply no later than the date and time identified in Section C, Item 1. Submit your response to the poinkf-contact referenced in Section A. • PRIME CONTRACTOR'S INFORMATION Company Name: Fikes Wholesale Inc. State of Texas VID #:1-74-1 857841-9 Point -of -Contact: Ed Youngblood Phone #: 254-791-0009 E-ma(IAddress: eyoungblood@fikesinc.com Fax#:254-899-1616 • CONTRACTING STATE AGENCY AND REQUISITION INFORMATION Agency Name: Point•of Contact: Phone #: Requisition #: 19-0024 Bid Open Date: 07/19/2019 Immrddifft 7 • SUBCONTRACTING OPPORTUNITY RESPONSE DUE DATE, DESCRIPTION, REQUIREMENTS AND RELATED INFORMATION 1, Potential Subcontractor's Bid Response Due Date: lfyou would like for our company to consider your company's bid for the subcontracting opportunity identified below In Item 2, we must receive your bid response no later than on Central Time 0ate(mm1ddryrryy) in accordance with 34 TAC §20.285, each notice of subcontracting opportunity shall be provided to at least three (3) Texas certilied HUBS, and allow the HUBS at least seven (7) working days to respond to the notice prior to submitting our bid response to the contracting agency, in addition, at least seven (7) working days prior to us submitting our bid response to the contracting agency, we must provide notice of each of our subcontracting opportunities to two (2) or more trade organizations or development centers (in Texas) that serves members of groups (i.e., Asian Pacific American, Black American, Hispanic American, Native American, Woman, Service Disabled Veteran) identified in Texas Administrative Code, §20.282(19)(C). (A working day is considered a normal business day ora state agency, not including weekends, federal or state holidays, or days the agency is declared closed by its executive ofricer. The initial day the subcontracting opportunity notice is sent/provided to the HUBs and to the trade organizations or development centers is considered to be 'day zero' and does not count as one of the seven (7) working days.) 2. Subcontracting Opportunfty Scope of Work: 3. Required Qualifications: F�-Not Applicable 4. SondingilnsuranceRequirements: Not Applicable 5. Location to review plans)specificatlons: Not Applicable Vol. Pg. oq7 El:-] Taws A&M University RFP tifain #194024; Annual Fuel Cont act Page 23 of33 SECTION 7 RESPONDENT'S QUESTIONNAIREICOMPANY EXPERIENCE The Respondent recognizes that in selecting a supplier, Texas A&M will rely, in part, on the answers provided in response to this Section 7. Accordingly, Respondent warrants to the best of its knowledge that all responses are true, correct and complete. Texas A&M reserves the right to contact each and every reference listed below and shall be free from any liability to respondent for conducting such inquiry. 7.1 Company Profile Number of Years in Business: 67 Type of Operation: Individual_ Partnership_ Corporation X Government_ Number of Employees. 2-500+(courpany wide) Number of Employees: 75 (servicing location) Annual Sales Volume: $1,045,436,139 (companywide) Annual Sales Volume: $569,030.472 (servicing location) Provide any details of all pastor pending litigation or claims tiled against your company that would negatively impact your company's performance under an agreement with Texas A&M. Fikes Wholesale Inc. does not have any pending litigation or claims'f led against our company that would negatively effect the performance under the agreement. Is your company currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity. If yes, specify date(s), details, circumstances, and prospects for resolution. Fikes Wholesale Inc. is not in default on any loan or financing agreement. Vol. P9.—aE—) Texas A&M University RFP Main 919-0024; Annual Fuel Canrracl Page 26 aj33 SECTION 10 NON -COLLUSION AFFIDAVIT The undersigned, duly authorized to represent the persons, firms and corporations joining and participating in the submission of the foregoing Proposal (such persons, firms and corporations hereinafter being referred to as the "RESPONDENT"), being duly sworn, on his or her oath, states that to the best of his or her belief and knowledge no person, firm or corporation, nor any person duly representing the same joining and participating in the submission of the foregoing Proposal, has directly or indirectly entered into any agreement or arrangement with any other RESPONDENTS, or with any official- of TEXAS A&M or any employee thereof, or any person, firm or corporation under contract with TEXAS A&M whereby the RESPONDENT, in order to induce acceptance of the foregoing Proposal by said TEXAS A&M, has paid or is to pay to any other RESPONDENT or to any of the aforementioned persons anything of value whatever, and that the RESPONDENT has not, directly or indirectly entered into any arrangement or agreement with any other RESPONDENT or RESPONDENTS which tends to or does lessen or destroy free competition in the letting of the contract sought for by the foregoing Proposal. The RESPONDENT hereby certifies that neither it, its officers, partners, owners, providers, representatives, employees and parties in interest, including the affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other RESPONDENT, potential RESPONDENT. firm or person, in connection with this solicitation, to submit a collusive or sham bid, to refrain from bidding, to manipulate or ascertain the price(s) of other RESPONDENTS or potential RESPONDENTS, or to obtain through any unlawful act an advantage over other RESPONDENTS or TEXAS A&M. The prices submitted herein have been arrived at in an entirely independent and lawful manner by the RESPONDENT without consultation with other RESPONDENTS or potential RESPONDENTS or foreknowledge of the prices to be submitted in response to this solicitation by other RESPONDENTS or potential RESPONDENTS on the part of the RESPONDENT, its officers, partners, owners, providers, representatives, employees or parties in interest, including the affiant. CONFLICT OF INTEREST no undersigned RESPONDENT and each person sighing on behalf of the RESPONDENT certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the hest of their knowledge and belief, no member of TEXAS A&M, nor any employee, or person, whose salary is payable in whole or in part by TEXAS A&M, has a direct or indirect financial interest in the award of this Proposal, or in the services to which this Proposal relates, or in any of the profits, real or potential, thereof. except as noted otherwise herein. Respondent Name m ikcs Date July 10th, 2019 g���'PY PV/// JOAN TROXEL NUNEZ b c tbed and sworn to before me this O ' °��: Notary Public, State of Texas i`�:r�E Comm. Expires 11-01-2022 Oth day of July 2019. °.,�,ro�4+Notary ID 126432230 Notary Public in and for the County of gBell , State of Texas My commission expires: �V AFFIDAVIT MUST BE COMPLETED., SIGNED, AND RETURNED WITH RESPONDENT'S PROPOSAL. FAILURE TO SIGN AND RETURN THIS SHEET MAY RESULT IN THE REJECTION OF YOUR PROPOSAL. Vol. P9. aq Texas ARAM University RFP blain f 19-0024; Annual Fuel Coni act Page 30 of 33 Appendix C— Certification and Authorization Certification and Authorization: RFP Main #19-0024 Annual Fuel Contract The undersigned certifies that he has fully read and understands this "Request for Proposal" and has full knowledge of the scope, quantity and quality of the services to be provided and intends to adhere to the provisions described herein. The undersigned also affirms that they are duly authorized to submit this bid, that this bid had 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. Additionally, the undersigned affirms that the firm is willing to sign and execute contracts with each participating entity. By signing this bid, bidder certifies that if a Texas address is shown as the address of the bidder, bidder qualifies as a Texas Resident Bidder as defined i Rule 1 TAC 111.2. Signed by: �� Title: General Manager Failu,refsign will disqualify RFP Typed Name: Ed Youngblood Company Name: tikes Wholesale Inc. Phone Number: (254) 791-0009, ext. 6219 Fax Number: (254) 771-1687 Email: eyouii,-blood@fikesinc.com fikesinc.com (_—) Historically Underutilized Business certified by TPASS —Please specify (_)BLK (,HSP UW/0 UAIP U Al Administrative Office: P.O. Box 1287 PO Box or Street Operations: Remittance: P.O. Box 1287 PO Box or Street P. 0. Box 1287 PO Box or Street Federal Tax ID Number: Date: 74-1857841 July 10, 2019 Temple Texas 76503 City State Zip. Temple Texas 76503 City State Zip Temple Texas 76503 City State Zip Texas A&M University RFP blain 619.0024: Annual Fuel Contract Page 31 of 33 ilppendix'D.—Felony Conviction Notiricntion Felony Conviction Notice Statutory citation covering notification of criminal history of vendor is found in the Texas Education Code §44.034. Felony Conviction Notification Texas Education Code §44.034, Notification of Criminal History, Subsection (a), states " a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Subsection (b) states " a school district may terminate a contract with a person or business entity failed to give notice as required by subsection (a) or misrepresented the conduct resulting in the conviction. The school district must compensate the person or business entity for services performed before the termination of the contract." This Notice is NOT required of a Publicly -Held Corporation. f, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge. Vendor's Name: Fikes Wholesale Inc. Authorized Company Official's Name (printed) Kim Fikes A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. Signatitre of Company Official B. My firm is not owned nor operated by anyone who has been convicted of a felony: 6v� QW Si na ire of Company Official C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony: Name of Felon (s): N/A Details of Conviction(s): Signature of Company Official N/A EO. �0� F9•-�-- Invoice Fikes Wholesale, Inc. PO BOX 1287 TEMPLE. TX 76503 USA Phone: (254)791-0009 (254)771-1687 (fax) Remit To: PO BOX 1287 TEMPLE, TX 76503 Account Number: 9999 Amount Due: $18,040.07 Invoice Number: 9949 Invoice Date: 07/04/2019 01:38:00 PM Due Date: 08103/2019 Delivery Date: 07/04/2019 01:38:00 PM Shipping Address: TEXAS A&M UNIVERSITY UTILITIES 165 ASHBURY STREET 165 ASHBURY STREET COLLEGE STATION, TX 77840 COLLEGE STATION, TX 77840 Page 1 of 1 HM DOT- Name, Class, ID, Group Product Product Description Delivered Quantity Unit Price Extended Price Carrier: GROUP PETROLEUM SERVICES Vehicle: none Salesperson: none Order Number: 9949 Purchase Order Number, none BOL Number: TEST1 1-RUUGALLON REGULAR UNLEAD E10 6,400.0000 $1.94580 $16,344.72 Tax: $1,695.35 Total This Item: 518.040.07 NET 30 Terms: 50.00 Invoice Taxes Certificate Number Amount Due Exempt FEDERAL EXCISE TAX - GAS $0.00 Yes FEDERAL OIL SPILL - GAS (El 0) $0.00 No FEDERAL LUST $8.40 No TX STATE EXCISE TAX - GAS $1,680.00 No TX STATE PETRO DEL FEE $6.95 No No terms discount available for this invoice. Vol. ��1 p9•-32:— $0.00 Products Total: $16,344.72 Shipping / Freight Total: S0.00 Header Freight Surcharge: SD.00 Tax Total: $1.6MA5 Invoice Total: $18,040.07 Discount Total: $0.00 Net Invoice Total: $18,040.07 Total Due: $18,040.07 Invoice Page 1 of 1 Flkes Wholesale, Inc. PO BOX 1287 TEMPLE. TX 76503 USA Phone:(254)791-0009 (254)771-1687 (fax) Remit To: PO BOX 1287 TEMPLE, TX 76503 Account Number. 9999 Amount Due: $15,803.71 Invoice Number: 9950 Invoice Date: 07104/2019 02:10:00 Ptv1 Due Date: 08/032019 Delivery Date: 07/04/2019 02:10:00 PM Shipping Address; TEXAS A&M UNIVERSITY UTILITIES 165 ASHBURY STREET 165 ASHBURY STREET COLLEGE STATION, TX 77840• COLLEGE STATION, TX 77840 HM DOT- Name, Class, ID, Group Product Product Description Delivered Quantity Unit Price Extended Puce Carrier. GROUP PETROLEUM SERVICES Vehicle: none Salesperson: none Order Number. 9950 Purchase Order Number: none BOL Number. TEST2 4-DSLLED ULS012 LED 7,400.0000 $1.93390 $14,310.86 Tax: $1,492.85 Total This Item: $15.803.71 NET30Terms: $0.00 $0.00 Invoice Taxes Certificate Number Amount Due Exempt FEDERAL EXCISE TAX -DIESEL $0.00 Yes FEDERAL OIL SPILL - DSL 50.00 No FEDERALLUST $7.40 No TX STATE EXCISE TAX - DIESEL S1,480.00 No TX STATE PETRO DEL FEE $5.45 No No terms discount available for this Invoice, VOL Products Total $14,310.86 Shipping / Freight Total: $0.00 Header Freight Surcharge: $0.00 Tax Total:$1 492 85 Invoice Total: $15,803.71 Discount Total: $0.00 Net Invoice Total: $15,803.71 Total Due: $15,803.71 THE TIKES GQfIF.AIVIF� i Account Number: 9999 Invoice Number: 9951 Invoice Date: 07/04/2019 02:24:00 PM Delivery Date: 07/04/2019 02:24:00 PM BRYAN ISD 3000 BONHAM DRIVE BRYAN, TX 77803 Invoice Fikes Wholesale, Inc. PO BOX 1267 TEMPLE, TX 76503 USA Phone: (254)791-0009 (254)771-1687 (fax) Remit To: PO BOX 1287 TEMPLE, TX 76503 Amount Due: $16,360,07 Due Dale: 08103/2019 Shipping Address: BRYAN ISD 3000 BONHAM DRIVE BRYAN, TX 77803 Page 1 of 1 HM DOT- Name, Class, ID, Group Product Product Description Delivered Quantity Unit Price Extended Price Carrier. GROUP PETROLEUM SERVICES Vehicle: none Salesperson: none Order Number. 9951 Purchase Order Number. none BOL Number. TESTS 1-RUL1GALLON REGULAR UNLEAD E10 8,400.0000 $1.94580 $16,344.72 Tax: $15.35 Total This Item: $16.360.07 NET 30 Terms: $0.00 Invoice Taxes Certllcate Number Amount Due Exempt FEDERAL EXCISE TAX - GAS $0.00 Yes FEDERAL OIL SPILL- GAS (E10) $0.00 No FEDERAL LUST $8.40 No TX STATE EXCISE TAX - GAS $0.00 Yes TX STATE PETRO DEL FEE $6.95 No No terms discount available for this invoice. $0.00 Products Total: $16,344.72 Shipping 1 Freight Total: S0.00 Header Freight Surcharge: S0.00 Tax Total: $15.35 Invoice Total: $16,360.07 Discount Total: 50.00 Net Invoice Total: $16,360.07 Total Due: $16,360.07 Invoice Page 1 of 1 Fikes Wholesale, Inc. PQ BOX 1287 TEMPLE. TX 76503 USA Phone: (254)791-0009 (254)771-1687 (fax) Remit To: PO BOX 1287 TEMPLE, TX 76503 Account Number: 9999 Amount Due: $14.323.71 Invoice Number. 9952 Invoice Date: 07/0412019 02:30:00 PM Due Date: 08/0312019 Delivery Date: 07104/2019 02:30:00 PM Shipping Address: BRYAN ISD BRYAN ISD 3000 BONHAM DRIVE 3000 BONHAM DRIVE BRYAN, TX 77803 BRYAN, TX 77803 HM DOT- Name, Class, ID, Group Product Product Description Delivered Quantity Unit Price Extended Price Carrier. GROUP PETROLEUM SERVICES Vehicle: none Salesperson: none Order Number 9952 Purchase Order Number: none BOL Number: 9952 4-DSLLED ULSD2 LED 7,400.0000 $1.93390 $14,310.86 Tax: $12.85 Total This Item: $14:323.71 NET 30 Terms: $0.00 Invoice Taxes Certificate Number Amount Due Exempt FEDERAL EXCISE TAX - DIESEL $0.00 Yes FEDERAL OIL SPILL - DSL $0.00 No FEDERAL LUST $7.40 No TX STATE EXCISE TAX - DIESEL $0.00 Yes TX STATE PETRO DEL FEE $5.45 No No terms discount available for this invoice. vol. Pg. � $0.00 Products Total: $14,310.86 Shipping f Freight Total: $0.00 Header Freight Surcharge: $0:00 Tax Total: $12.85 Invoice Total: $14,323.71 Discount Total: _ $0.00 Net Invoice Total: $14,323.71 Total Due: $14,323.71 Texas A&M University DIVISION OF FINANCE Procurement Services RFP Main #19-0024, Annual Fuel Contract REQUEST FOR PROPOSAL Annual Fuel Contract RFP Main 19-0024 EXHIBIT B Page 1 of 33 PROPOSAL MUST BE RECEIVED BEFORE: 2:00 a.m. CST on July 19.2019 MAIL PROPOSAL TO: HAND DELIVER AND/OR EXPRESS MAIL TO: Texas A&M University Procurement Services P. O. Box 30013 College Station, TX 77842-3013 Texas A&M University Procurement Services Purchasing & Stores Building Agronomy Road I477 TAMU College Station, TX 77843-1477 Show RFP Number, Opening.Date and. Time on Return Envelope NOTE: PROPOSAL must be time stamped at the Texas A&M University Department of Procurement Services before the hour and date specified for receipt of proposal. Sealed proposals will be received until the date and time established for receipt. REFER INOUIRIES TO: Patty Winkler, C.P.M. Assistant Director Texas A&M University Procurement Services email: p-winklerna.tamu.edu PC Box 30013 Purchasing & Stores Building College Station, TX 77842-3013 p Agronomy Road Phone 979-845-4570 1 1477 TAMU Fax 979.845-3800 NationatAssaclation of College Station, TX 77843-1477 Educational Ptocuremera vol. 3C -A Pg. ':l o Texas A&M University RFP Main 419-0024; Annual Fuel Contract Page 2 of 33 Table of Contents RRrTION 1. INTRODUCTION 1.1 Introduction............................................................................................................................................... 4 1.2 Brief History and Current Organization.................................................................................................... 4 1.3 Scope of Work........................................................................................................................................... 5 1.4 Award........................................................................................................................................................9 1.5 Contract Tenn.......................................................................................................................................... 9 1.6 Commitment..............................................................................................................................................9 1.7 Schedule of Events....................................................................................................................................9 4 SECTION 2. REQUIREMENTS 10 2.1 Technical Proposal.................................................................................................................................. 10 2.2 References............................................................................................................................................. 10 SECTION 3. GENERAL INFORMATION 1 i 3.1 Submittal Deadline and Location............................................................................................................ 11 3.2 Submittal Instructions............................................................................................................................. 11 3.3 Texas A&M Contacts.............................................................................................................................. 11 3.4 Inquiries and Interpretations.................................................................................................................... 11 3.5 Electronic State Business Daily Website................................................................................................. 12 3.6 Open Records.......................................................................................................................................... 12 3.7 Terms and Conditions............................................................................................................................. 12 3.8 Proposal Components.............................................................................................................................. 12 SECTION 4. GENERAL TERMS AND CONDITIONS 13 4.1 General....................................................................................................................................................13 4.2 Final Review and Approval..................................................................................................................... 13 4.3 Definitions ...............................................................................................................................................13 4.4 Time of Performance...............................................................................................................................14 4.5 Default.....................................................................................................................................................14 4.6 Termination.............................................................................................................................................14 4.7 Agreement Amendments......................................................................................................................... 14 4.8 Independent Vendor Status..................................................................................................................... 14 4.9 Right to Audit.......................................................................................................................................... 15 4.10 Sales and Use Tax................................................................................................................................... 15 4.11 Observance of Texas A&M Rules and Regulations................................................................................ 15 4.12 Non-Disclosure....................................................................................................................................... 15 4.13 Publicity ..................................................................................................................................................15 4.14 Severability ............................................................................................................................................. 15 4.15 Non -Waiver of Defaults.......................................................................................................................... 15 4.16 Governing Law...' ...... ­­­*­­­­­ ....... ..... 15 4.17 Intellectual Property.............................................................................................15 4.18 Parking...................................................................................................................................................16 4.19 Payment Terms........................................................................................................................................ 16 4.20 Felony Conviction Notification............................................................................................................... 16 4.21 Assignment of Contract........................................................................................................................... 16 4.22 Quantities................................................................................................................................................ 16 4.23 Cash Discounts........................................................................................................................................ 16 4.24 Liability .................................................................................................................................................. 16 4.25 Material Safety Data Sheets.................................................................................................................... 16 4.26 Conflict of Interest Disclosure Questionnaire......................................................................................... 16 Texas A&M University RFP Main 919-0024; Annual Fuel Contract Page 3 of 33 SECTION S. CONTRACTUAL REQUIREMENTS 17 5.1 Texas Public Information Act................................................................................................................. I7 5.2 Insurance Requirements.......................................................................................................................... 17 5.3 Indemnification....................................................................................................................................... 17 5.4 Other Benefits......................................................................................................................................... 17 5.5 Alternative Dispute Resolution............................................................................................................... 17 5.6 HUB Subcontracting Plan .......................................................................................................................17 5.7 Billing Resolutions.................................................................................................................................. 18 5.8 Payment...................................................................................................................................................18 5.9 Written Specifications............................................................................................................:................ 18 5.10 Supplier Assignment...............................................................................................................................18 5.11 Texas Family Code Section 231..006...................................................................................................... 18 5.12 Federal Terms and Conditions................................................................................................................. 19 SECTION 6. EXECUTION OF OFFER 21 6.1 Proposer Affirmation............................................................................................................................... 21 6.2 Texas Family Code Section 231.006....................................................................................................... 2I 6.3 Substitute W-9................................................................................................................................... 22 6.4 Direct Deposit.........................................................................................................................................22 6.5 Signature................................................................................................................................................. 22 SECTION 7. RESPONDENT'S QUESTIONAIREXOMPANY EXPERIENCE 23 7.1 Company Profile..................................................................................................................................... 23 SECTION S. PRICING SECTION 9. EVALUATION CRITERIA FOR AWARD 9.1 Evaluation Information.......................................................................................................................... 25 9.2 Demonstration/Presentation.................................................................................................................... 25 9.3 Evaluation Criteria and Weights............................................................................................................. 25 24 25 SECTION 10. NON -COLLUSION AFFIDAVIT 26 Appendix A — Insurance Requirements.............................................................................................................................................................. 27 Appendix B —Brazos County's Insurance Requirements..................................................................................................................................29 Appendix C—Certification and Authorization ............ ................. »...................................................................................................................30 AppendixD — Felony Conviction Notification.............................................»..................................................................................................... 31 Attachment A — HUB Subcontracting Plan.........................................................................................................................................................32 Attachment B — City of College Station Annual Fuel Contract.............:.............................................................................................»............33 Eol: 30\ pg. 3S Texas A&M University RFP Main #19-0024; Annual Fuel Contract Page 4 of 33 SECTION 1 INTRODUCTION 1.1 Introduction Texas A&M University and other participating entities are seeking bids from interested vendors for an "Annual Fuel Contract" to include unleaded, diesel, bio -diesel fuel and diesel exhaust fluid for their use. A pre -proposal meeting is scheduled for Thursday, June 27, 2019 @ 2:30 p.m. CST, at the COCS Municipal Court Building located at 200 South Texas Ave, Suite 106, College Station TX 77840. Vendors are highly encouraged to attend the meeting. Please e-mail Patty Winkler @ p-winklerCa>,tamu.edu and indicate the number of people attending for your company NO LATER THAN Tuesday, June 25, 2019. By submitting responses, each respondent certifies that it understands this RFP and has full knowledge of the scope, nature, quality, and quantity of the work to be performed, the detailed requirements of the services to be provided, and the conditions under which the services are to be performed. Each respondent also certifies that it understands that all costs relating to preparing and responding to this RFP will be the sole responsibility of the Respondent. RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED. 1.2 Brief History and Current Organization Texas A&M University Established in 1876, Texas A&M University has since grown to become a world leader in teaching, research, and service with an international reputation for excellence. Current enrollment is in excess of 50,000 students; Texas A&M is the fifth largest among U.S. universities with an operating budget of $1,000,000,000. As a state/public institution of higher education, Texas A&M is governed by the Texas State Constitution, State legislation and statutes, Texas A&M University System Policies and Regulations and University rules. The University is committed to 1) promoting and encouraging the use of Historically Underutilized Businesses (HUBS) in all purchasing transactions on a prime contract and subcontract basis, and 2) promotes full and equal business opportunities for all. Minimum steps and requirements to fulfill the state's HUB policy are found in Texas Administrative Code 111.11 through 111.28. City of Bryan The City of Bryan is located in Central Texas between Austin and Houston. The City of Bryan was incorporated in 1872. The original square -mile town site now consists of more than 43.4 square miles. The 2017 population estimate for Bryan is 84,021. The City of Bryan is a home -rule city that operates under the Council -Manager form of government. The City provides a full range of municipal services as prescribed by statute or charter. These services include police, fire and emergency medical services, parks and recreational facilities, library services, street maintenance and construction, public improvements, general administrative services and electrical, water, sewer, and sanitation systems. City Charter, Council minutes, Budget information, maps and a wealth of miscellaneous information about the City of Bryan can be found online at www.brvantx.eov. Colleee Station I.S.D. College Station Independent School District has a current enrollment of 9755 for school year ending 2008-2009. The annual operating budget is approximately $90 million and the staff employment is 1382. The district currently has 13 campuses. The recently approved 2009 Bond Package includes the construction of an eighth elementary school, second high school, transportation center and the purchase of new school buses Bryan Independent School District Founded in 1880, the mission of the Bryan ISD, the community's center of learning, is to educate our youth to achieve their potential by providing a safe and challenging environment where standards are high and learning is the priority. Bryan ISD serves the residents of approximately 453 square miles in Brazos County. Almost 15,000 students attend our 25 campuses supported by 8 administrative facilities. The annual operating budget for 2018-2019 was near $143 million and staff employment exceeds 2200. Successful passage of bond elections in 2014 and possibly 2019, with many projects already completed and others under development, is ensuring that Bryan ISD is ready to meet future growth needs. Brazos County Brazos County was established as we know it today in 1841. Set between the Navasota and Brazos Rivers, the new population began to thrive on a primarily agrarian existence. The establishment of Texas A&M University in what came to be known as Vol. O1 Pg. 3q Texas A&M University RFP Main #19-0024; Annual Fuel Contract Page S of 33 College Station and the Air Force Base in Bryan, kept the communities supplied with a steady supply of bright and hardworking people who would set the standards for the generations to come. Today the Cities of Bryan and College Station are the hubs of the County and are supplemented by communities like Edge, Kurten, Wellborn, Millican and others that help us maintain a rural atmosphere in the County. Brazos County is governed by the County Judge and four Commissioners who make up the Commissioner's Court. This Court has responsibility for areas of the County that are not currently incorporated by the cities. City of College Station The City of College Station is located in East Central Texas, approximately 140 miles north of the Gulf of Mexico, conveniently located in Brazos County 90 miles northwest of Houston, 165 miles south of Dallas and 100 miles east of Austin. The City's estimated population is 100,257 as of April, 2014. The City of College Station is governed under a home rule charter, has a Council -Manager form of government, and is organized under the Constitution and Laws of the State of Texas. The City provides a full range of municipal services including police, fire, emergency medical services, parks and recreation, street maintenance, electric, water, and sanitation services. City Charter, Council minutes, Budget information and a wealth of miscellaneous information about the City of College Station can be found on line at www.cstx.gov. Brazos Valley Solid Waste Management Agency, Inc. (BVSWMA) The Brazos Valley Solid Waste Management Agency, Inc. is a non-profit local governmental corporation formed in 2010 under a joint agreement between the City of Bryan and the City of College Station. BVSWMA, Inc. operates the Twin Oaks Landfill in Anderson, Texas and the Compost Facility in Bryan, Texas. BVSWMA, Inc. also maintains the closed Rock Prairie Road Landfill in College Station, Texas. Hearne I.S.D. Hearne Independent School District is a small 2A district in Robertson County, the crossroads of Texas. Established in 1871, Hearne Texas has a population of just over 5,000 residents with Hearne ISD serving 828 students on three (3) campuses. Hearne ISD has an annual operating budget of just under $14 million and employs 145 people. 1.3 Scope of Work Texas A&M University has joined with other participating entities in soliciting bids for annual requirements for unleaded gasoline, diesel, dyed diesel, bio -diesel fuels and diesel exhaust fluid used in their respective fleet of vehicles, and to establish a working contract for a designated period. It is the intent of Texas A&M University and participating entities to select a single vendor to accomplish and/or supply all commodities or services outlined in this bid; however, the participating entities reserve the right to award separate contracts for any one item listed on the bid sheets. All fuel would be ordered by the participating entities independently, on an "as/if needed" basis with no guaranteed quantities to the vendor. Bidder agrees to extend prices quoted here -in to any other public entity, state agency and/or institutions of higher education as described in Section 51.9335 Education Code. All bids must be submitted on the forms furnished in the bid package and must be in accordance with the terns, conditions and requirements and specifications contained herein. Listing of the participating entities, but not limited to: Brazos County Brazos Valley Solid Waste Management Agency, Inc. (BVSWMA) Bryan Independent School District City of Bryan City of College Station College Station Independent School District Hearne I.S.D. Texas A&M University 1.3.1 Specific Delivery and Ordering Information Orders for delivery shall be made by phone, fax or email and a purchase order number referenced. Deliveries are to be made by the end of the next working day from the date the order is placed. Supplier is required to furnish the name of the person to contact, and the telephone number to place delivery orders. The participating entities reserve the right to inspect bulkheads and to measure content of tanks before, at the time of and/or after delivery. All deliveries are to be made during normal working hours of 8:00 a.m. to 4:00 p.m., Monday through Friday, excluding holidays, and will be made to the following locations: va. �L Texas A&M University RFP Main #19-0024; Annual Fuel Contract Page 6 of 33 1.3.2 Delivery Locations & Storage Capacity CITY OF BRYAN Municipal Services Center -1111 Waco Street, Bryan, TX Tank No. I — Unleaded 11,500 gallons -underground Tank No. 2 — Diesel 11,500 gallons -underground Tank No. 3 —Diesel 11,500 gallons -underground Fountain Street Fuel Center - Fountain Avenue, Bryan, TX Tank No. 1— Unleaded 10,000 gallons -above ground Tank No. 2 — Diesel 10,000 gallons -above ground CITY OF COLLEGE STATION Public Services — 2613 Texas Ave., College Station, TX Tank No. I —Unleaded 8,000 gallons -underground Tank No. 2 — Diesel 8,000 gallons -underground Utility Services Center -1601 Graham Rd., College Station, TX Tank No. 1— Unleaded 6,000 gallons -underground Tank No. 2 — Unleaded 6,000 gallons -underground Tank No. 3 - Diesel 4,000 gallons -underground Carter Creek Wastewater Treatment Plant —1 mile off Earl Rudder Freeway, 2200 N. Forest Pkwy, College Station, Tx Tank No. 1 - Unleaded 500 gallons -above ground Tank No. 2 — Diesel 500 gallons -above ground Police. 2613 Texas Avenue South, College Station, TX Tank No. 1—Diesel 550 gallons -underground for emergency generators BVSWMA, Inc. Twins Oaks Landfill at 2690 State Highway 30, Anderson, TX Tank No. 1 - Diesel 10,000 gallons -above ground Tank No. 2 — Unleaded 1.000 gallons -above ground Twin Oaks Compost at 2988 Pleasant Hill Road, Bryan, TX. Tank No. I —Diesel 1,000 gallons -above ground Tank No. 2 — Diesel 1,000 gallons -above ground TEXAS A&M UNIVERSITY Transportation Services -College Station, TX Tank No. 1— Diesel 12,000 gallons -underground Tank No. 2 — Diesel 12,000 gallons -underground Tank No. 3 — Unleaded 12,000 gallons -underground Brayton Fire Field -College Station, TX Tank No. 1— Unleaded 1,000 gallons -above ground Tank No. 2 — Diesel 1,000 gallons -above ground Utilities -College Station, TX Tank No. 1 -Diesel 150,000 gallons- underground Tank No. 2 - Diesel I million gallons — above ground Tank No. 3 - Diesel 15,000 gallons —underground Tank No. 4 - Diesel 5000 gallon — above ground BRAZOS COUNTY Brazos County Road & Bridge Department, 2617 Highway 21 West, Bryan, TX Tank No. 1— Unleaded 15,000 gallons -above ground Tank No. 2 — Diesel 10,000 gallons- above ground Tank No. 3 — Dyed Diesel 5,000 gallons — above ground Exposition Complex, 5827 Leonard Rd, Bryan, TX Tank No. 1— Dyed Diesel 500 gallons— above ground COLLEGE STATION INDEPENDENT SCHOOL DISTRICT 1812 Welsh College Station, Texas 77840 Tank No. 1 - Unleaded 10,000 gallons -underground Tank No. 2 - Diesel 10,000 gallons -underground Transportation Center — 9304 Rock Prairie Rd, College Station, TX Tank No. I —Unleaded 10,000 gallons — above ground Tank No. 2 — Diesel 20,000 gallons — above ground E 1 Pg, ` -- Texas A&M University RFP Main #19-0024; Annual Fuel Contract Page 7 of 33 BRYAN INDEPENDENT SCHOOL DISTRICT 3_000 Bonham Drive, Bryan, TX 77803 Tank No. 1- Unleaded 5,000 gallons -underground Tank No. 2 - Diesel 10,000 gallons -underground HEARNE I.S.D. Hearne Junior High, 1201 W. Brown Street, Hearne, TX 77859 Tank No. 1— Diesel 5,000 gallons — above ground Tank No. 2 — Unleaded 500 gallons — above ground 1.3.3 Product Estimates Quantities shown are the participating entities estimates only, based on actual previous and anticipated annual usage. A tabulation of bids will be prepared based on the estimated usage. The participating entities do not guarantee to purchase any given quantity and shall not be held liable to purchase any excess stock carried by the Supplier upon termination of the contract. Entity No. Lead -87 Diesel Dyed Diesel Diesel Bio -Diesel Exhaust Fluid City of Bryan 230,000 300,000 City of College Station 230,000 300,000 10,000 Brazos County 206,045 50,405 32,265 BVSWMA, Inc. 7,000 200,000 Bryan I.S.D 40,000 245,000 College Station I.S.D. 40,000 150,000 Hearne I.S.D. 5,000 20,000 Texas A&M University 260,210 257,519 1252,203 Total Gallons *College Station I.S.D. is interested in utilizing bio -diesel, depending on price. usage of ateset wouta decrease wun this change. 1.3.4 Net Delivery All fuel deliveries shall be on a net gallon basis temperature corrected to API Gravity at 60° F. Proper measurement must be verified by Tank Truck Bill of Lading or by temperature adjusted tank strapping's showing net volume at delivery. 1.3.5 Failure to Deliver If delivery is not accomplished within the time frame specified and agreed upon as specified herein, the participating entities reserve the right to procure the product on the open market. It shall also be the participating entities right to bill the supplier the difference between the contract price and the open market price as liquidated damages of actual cost to the participating entities. 1.3.6 Priority Deliveries Texas A&M University and participating entities are governmental entities and as such must provide continuous law enforcement and emergency services for its students and citizens. In case of any vehicle fuel shortage, Texas A&M University and participating entities will expect and require that they are treated as a priority customer. The successful vendor agrees to make every effort to provide sufficient deliveries to meet the needs of our law enforcement and emergency services in a timely manner. 1.3.7 Product Specifications • Regular unleaded gasoline, ASTM Designation D439 (Most recent issue) with a minimum octane rating of 87 (R=M/2 Method), and a high level of detergent as recommended for all engines with fuel injection systems. • Mid -grade unleaded gasoline, ASTM Designation D439 (Most recent issue) with a minimum octane rating of 89 (R=M/2 Method), and a high level of detergent as recommended for all engines with fuel injection systems. • Premium unleaded gasoline, ASTM Designation D439 (Most recent issue) with a minimum octane rating of 92193 (R7—M/2 Method), and a high level of detergent as recommended for all engines with fuel injection systems. • No. 2 Diesel Fuel, ASTM Designation D975 (Most recent issue) with a minimum Cetane number of 40. Diesel Vol. ©` Pg. Texas A&M University RFP Main #19-0024; Annual Fuel Contract Page 8 of 33 fuels shall meet ASTM D-1552 for Sulfur Test and ASTM D482. • No. 2 Dyed Diesel Fuel, ASTM Designation D975 (Most recent issue) with a minimum Cetane number of 40. Diesel fuels shall meet ASTM D-1552 for Sulfur Test and ASTM D482. • Bio -Diesel, - Blend to meet ASTM D 6751 and ASTM D 975, shall include a mixture of the following AF — Animal Fat, RUE — Rapeseed Methyl Esters, SME — Soy Methly Esters, YGME — yellow Grease Methyl Esters, PALM—Palm Oil, BRWN—Brown Grease, Mult—Multiple Feedstocks, CMBN—combined Average, CE — Camelina or CSME — Cottonseed oil, Range: B 1-B20 • Diesel Exhaust Fluid — Urea -based solution designed specifically for use in SCR (Selective Catalytic Reduction) systems to reduce NOx emissions from diesel engines. 1.3.8 Product Quality Fuels to be supplied under this contract shall meet the specifications listed above and be free from contamination. The participating entities reserve the right to test fuel quality upon delivery, prior to and after unloading. Should test results show that fuel contains contamination, it will be rejected. The vendor shall be responsible for pumping out of the fuel tank(s), any water and any other associated cost of removal/cleanup of site(s) when notified. For purpose of this specification, contamination is defined as any element which enters pure refined gasoline or diesel fuel either naturally or by purposeful action which is not a product of refined crude oil with the exception of winter additives, detergents, and identifying dies. Any amount of alcohol is considered contamination and will not be allowed. The vendor shall be responsible for the removal of the fuels from the participating entities property within three (3) working days after requested to do so should laboratory test results show fuel contains any level of alcohol or other contaminants. The vendor shall also be responsible for all clean up required to all participating entities property, storage facilities, and equipment as a result of noncompliance with specifications. Furthermore, the vendor shall be fully responsible for any and all cost incurred by the participating entities for any equipment sustaining damage which is attributed to contaminated fuel(s) which the vendor has delivered. 1.3.9 Specific Invoicing and Payment Deliveries are to be invoiced separately per location, and each invoice shall consist of an original and at least one (1) copy. The successful bidder must supply one (1) copy of the applicable OPIS Pad 3 Net Report for Hearne, Texas with each invoice. The participating entities agree to pay for all fuel delivered and accepted under this contract within 30 calendar days from receipt of product or valid invoice, whichever is the later. All invoices for fuel delivered and accepted under this contract shall be mailed to the correct participating entity at the following addresses. Mail to: City of Bryan Accounts Payable P.O. Box 1000 Bryan, TX 77805 City of College Station Accounting Department P.O. Box 9973 College Station, TX 77845 Brazos County Brazos County Auditor's Office ATTN: Beverly Murphy 200 South Texas Ave., Suite 218 Bryan, Texas 77803 Bryan Independent School District — Transportation Department Business Services Office 801 South Ennis Bryan, TX 77803 College Station Independent School District Transportation Center 9304 Rock Prairie Rd College Station, TX 77845 Purchasing Department 2000 Welsh Ave College Station, Texas 77840 BVSWMA, Inc. Accounting Department PO Box 10027 College Station, TX 77842 va. vol P9. '-13 I Texas A&M University RFP Main #19-0024; Annual Fuel Contract Page 9 of 33 Texas A&M University Numerous addresses at various locations Hearne Independent School District 900 Wheelock Hearne TX 77859 1.3.10 Spillage and Cleanup The Supplier shall be held responsible for all spillage which may occur during transit and unloading. The Supplier shall immediately report any spillage to the participating entities and clean up the spill. Failure to do so shall initiate corrective action and retro charges to the Supplier for any cost incurred to the participating entities for cleanup of spillage. The Supplier is responsible for reporting spillage to the participating entities and all other governmental entities as required by law and/or regulations. Delivery truck must have a method of controlling vapors while unloading into underground tanks. 1.4 Award Any agreement resulting from this RFP will be awarded to one respondent or multiple respondents, depending on the best value for the university and participating entities. A BVSWMA, Inc. contract will be required to be executed upon award. 1.5 Contract Term The University and other participating entities intends to enter into an agreement with the successful Respondent(s) for the period of Date of Award through August 31, 2020, with the option to renew for an additional four (4) twelve (12) month periods, one (1) year at a time, with all terms and conditions remaining firm. 1.6 Commitment Once an agreement is reached, Vendor shall be obligated to adhere to the final agreement. 1.7 Schedule of Events The review and approval of RFPs is a multi -step process that requires variable amounts of time. Responders are advised that the projected "Formal Execution of Agreement" date as listed in the "Tentative Timetable" may require extension. Tentative Timetable Pre-Proposal.............................................................................................................. June 27, 2019 @ 2:30 pm CST Deadline for Questions............................................................................................... July 3, 2019 @ 5:00 p.m. CST Posting/e-mailing Addendum and Responses to Inquires ............................................ July 9, 2019 @ 5:00 p.m. CST Deadline for Receipt of Proposals........................................................................... July 19, 2019 @ 2:00 p.m. CST Evaluation of Proposals Completed............................................................................ July, 2019 Formal Execution of Agreement (Projected).............................................................. July/August, 2019 vol.3�_ Pg. Ll` -4 Texas A&M University RFP Main #19-0024; Annual Fuel Contract Page 10 of 33 SECTION 2 REQUIREMENTS 2.1 Technical Proposal Provide a detailed plan on how you propose to provide Fuel based on your understanding of the current environment and the scope of work described in Section 1.3, response shall clearly detail: 2.1.1 Respondent Background and Experience 2.1.1.1 Summarize why the Respondent is the best firm to undertake the scope of work. 2.1.1.2 Identify all individuals who contribute to the accomplishment of the scope of work to include specific responsibilities pertaining to and the approximate time each will devote to the Scope of Work. Include the resumes for key individuals. 2.1.1.3 Will your company provide a copy of your company's audited financial statements for the past two (2) years, if requested by Texas A&M? 2.1.1.4 Will your company provide a financial rating of your company and any supporting documentation (such as a Dun and Bradstreet Analysis) which indicates the financial stability of your company, if requested by Texas A&M. 2.1.1.5 Is your company currently for sale or involved in any transaction to expand or to become acquired by another business entity? If yes, please explain the impact both in organizational and directional terms. 2.1.1.6 Provide details of any open, current, or pending Iitigation or claims filed against your company and indicate how this may impact your company's performance under an agreement with Texas A&M. 2.1.2 Requirements and Specifications 2.1.2.1 Delivery - delivery is an important performance measure to Texas A&M University and participating entities. Deliveries shall be made as specified in Section 1.3.1. Respondent must be able to provide deliveries as scheduled and must be able to respond to emergency calls (nights, holidays and weekends) as needed. Respondent shall provide a detailed delivery plan on how deliveries will be provided. Plan shall include the number of delivery trucks, capacity of each truck, distribution center(s) available, 2.1.2.2 Performance — Texas A&M University and participating entities require Respondent to maintain a 98% performance level for this account, which means all product and deliveries shall be made on time and in the quantities requested. Respondent shall provide a detailed plan on how you will maintain the requested performance level and include what steps will be taken if the performance level drops below the 98% range. 2.2 References Respondent shall provide a list of at least five (5) references where services comparable in size and scope have been performed in the last five (5) years. References shall include Company Name, Contact Person, Company Address, Telephone & Fax Number and Email Address. Texas A&M University and participating entities reserves the right to contact these references to verify the vendor's ability to perform these services. A negative reference may be grounds for the disqualification of your bid. Vol. 3fl� Pg. 957 Texas A&M University RFP Main #19-0024; Annual Fuel Contract Page 11 of 33 3.1 3.2 3.3 3.4 SECTION 3 GENERAL INFORMATION Submittal Deadline and Location 3.1.1 All responses must be received by Texas A&M no later than Friday, July 19, 2019 na, 2:00 am CST 3.1.2 Responses are to be submitted to: U. S. POSTAL SERVICE: Texas A&M University Procurement Services P. O. Box 30013 College Station, TX 77842-3013 HAND DELIVER AND/OR EXPRESS MAIL TO: Texas A&M University Procurement Services Agronomy Road College Station, TX 77843-1477 Late responses properly identified will be returned to Respondent unopened. Late responses will not be considered under any circumstances. Submittal Instructions 3.2.1 Proposals including Execution of Office (Section 6) must be signed by Respondent's company official authorized to commit such proposals. Failure to sign the Execution of Offer may be basis for proposal disqualification. 3.2.2 One (1) hard copy originals and one (1) virus free CD ROM or USB Drive of the complete proposal response is required. All electronic copies must either be in Microsoft Office software or Adobe Portable Document Format (PDF). All image files must be in one of the following formats: jpg, .gif, .bmp, or .tif. We prefer image files to already be inserted as part of a document such as a PDF, Individual image files on the CD must be clearly named and referenced in your proposal response NOTE: The original signature on ONE (1) hard copy will serve as the official signature of record for all CD copies. Please create a text file in your root directory titled "table of contents.txt" that contains a brief explanation of the files and their layout found on the disc. 3.2.3 An unreadable electronic copy due to incorrect format may reflect negatively on your proposal. If your company is unable to provide an electronic copy in the requested format, then submit two (2) hard copies (1 original and one (1) hard copy) 3.2.4 Proposal package (box/carton) must indicate on the lower left-hand corner the submitter's company name, the proposal opening date, and RFP number. 3.2.5 Telephone and/or facsimile (Fax) responses to this RFP are not acceptable. Texas A&M Contacts All questions must be sent by email to: Patty Winkler, C.P.M. Assistant Director n -Winkler a,tammedu Texas A&M specifically requests that Respondents restrict all contact and questions regarding this RFP to the above named individuals. Deadline for questions is Wednesday, July 3, 2019 @ 5:00 p.m. CST. Inquiries and Interpretations Responses to inquiries which directly affect an interpretation or change to this RFP will be issued in writing by addendum (amendment) and e-mailed, faxed or mailed to all parties recorded by Texas A&M as having received a copy of the RFP. All such addenda issued by Texas A&M prior to the time that proposals are received shall be considered part of the RFP, and the Respondent shall consider and acknowledge receipt of such in their proposal. Only those Texas A&M replied to inquiries which are made by formal written addenda shall be binding. Oral and other interpretations or clarification will be without legal effect. VOL CDU Pg. Texas A&M University RFP Main #19-0024, Annual Fuel Contract Page 12 of 33 3.5 Electronic State Business Daily Website It is the responsibility of interested vendors to regularly check the ESBD for any possible addenda to this project. The RFP is inclusive of all addenda issued. hn://www.txsmartbuv.com/sp 3.6 Open Records Texas A&M considers all information, documentation and other materials requested to be submitted in response to this solicitation to be of a non -confidential and/or non-proprietary nature and therefore shall be subject to public disclosure under the Texas Public Information Act (Texas Government code, Chapter 552) after an agreement is awarded. Respondents are hereby notified that Texas A&M strictly adheres to all Statutes, court decisions and the opinions of the Texas Attorney General regarding the disclosure of RFP information. 3.7 Terms and Conditions The Terms and Conditions (ref. Section 4) shall govern any Agreement issued as a result of this solicitation RFP. Additional or attached terms and conditions which are determined to be unacceptable to Texas A&M may result in the disqualification of your proposal. Examples include, but are not limited to, liability for payment of taxes, subjugation to the laws of another State, and limitations on remedies. 3.8 Proposal Components The following documents are to be returned as part of your proposal submittal: ✓ Signed Execution of Offer (See Section 6) ✓ References (See Section 2.1.1.3) ✓ Technical Proposal (See Section 2) ✓ Certificate of Insurance (See Section 2) ✓ HUB Subcontracting Plan (See Section 5.6) ✓ Respondent's Questionnaire (See Section 7) ✓ Pricing (See Section 8) ✓ Non -Collusion Affidavit (See Section 10) ✓ Certification and Authorization (Appendix C) ✓ Felony Conviction Notification (Appendix D) ✓ One (1) original copies and one (1) virus ree CD ROM or USB Drive copy (See Section 3.2.2) Fol_ 301 pg. `-�i Texas A&M University RFP Main #19-0024; Annual Fuel Contract Page 13 of 33 SECTION 4 GENERAL TERMS AND CONDITIONS 4.1 General These General Terms and Conditions shall be made a part of and govern any Agreement/Purchase Orders resulting from this Request for Proposal. Each response should be prepared simply and economically, providing a straightforward and concise description of Respondent's ability to meet the requirements of this RFP. Emphasis should be on completeness, clarity of content and responsiveness to the offer requirements. Texas A&M University (TAMU) and other participating entities reserves the right to accept or reject any or all offers, to waive informalities and technicalities, to accept the offer considered most advantageous and award based on "Best Value". Causes for rejection of a proposal may include but shall not be limited to the respondent's current violation of any City ordinance, the respondent's current inability to satisfactorily perform the work or service, or the bidder's previous failure to properly and timely perform its obligations under a contract with the Texas A&M or other participating entity. Respondent may be disqualified and rejection of bids may be recommended for any (but not limited to) of the following causes; 1) Failure to use the RFP form furnished by the Owner; 2) Lack of signature by the authorized representative on the Execution of Offer form; 3) Failure to properly provide a complete proposal; 4) Evidence of collusion among respondents; or 5) Unauthorized alteration of RFP form. Texas A&M University and other participating entities reserve the right to waive any minor informality or irregularity. Additionally, all respondents are hereby notified that Texas A&M and other participating entities shall consider all factors it believes to be relevant in the determination of the "Best Value" including, but not limited to: past experience, references, vendor's ability to meet required specifications, and price. TAMU's decision is final. Responses are to be valid for a minimum of 180 days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays. 4.2 Final Review and Approval Failure to comply with the requirements contained in this Request for Proposal may result in the rejection of the proposal. The vendor agrees to protect the State and other participating entities from claims involving infringement of patents or copyrights. The vendor hereby assigns to purchaser, any and all claims for overcharges associated with any contract resulting from this RFP which arise under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq. (1973) and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967). Questions should be directed to the Texas A&M Purchasing official identified in Section 3.3 of this Request for Proposal. No substitutions or cancellations permitted without written approval of Texas A&M Procurement Services and other participating entities. Delivery shall be made during normal working hours only, unless vendor obtains approval for late delivery. Proposals and any other information submitted by Respondent in response to this Request for Proposal shall become the property of Texas A&M. Texas A&M will not provide compensation to Respondents for any expenses incurred by the Respondent(s) for proposal preparation, product evaluations or demonstrations that may be made, unless otherwise expressly indicated. Proposals which are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to disqualification by Texas A&M at its option. 4.3 Definitions Whenever the following terms are used in these General Terms and Conditions or in other documents the intent and meaning shall be interpreted as follows; RFP shall mean Request for Proposal. Proposal shall mean Respondents offer vol. �� Pg. . Texas A&M University RFP Main #19-0024, Annual Fuel Contract Page 14 of 33 Texas A&M shall mean Texas A&M University and other system parts. Respondent shall mean the individual, partnership, corporation, or other entity responding to this RFP. Vendor shall mean the individual, partnership, corporation, or other entity awarded an agreement for labor or for equipment & supplies under this RFP in accordance with the terms, conditions, and requirements herein. Agreement shall mean an agreement, documented by written instrument, between Texas A&M and the successful respondent to provide products/services as requested to Texas A&M in College Station, Texas. HUB shall mean Historically Underutilized Business Participatina Entities shall mean all other parties other than Texas A&M University that have entered or will enter into a joint purchasing inter local cooperative agreement with Texas A&M University, if required. 4.4 Time of Performance Time is of the essence in the rendering of services. Seller agrees to perform all obligations and render services set forth per this proposal. 4.5 Default In the event that the Seller fails to cavy out or comply with any of the terns and conditions of the agreement with Texas A&M and participating entities, Texas A&M and/or participating may notify the Seller of such failure or default in writing and demand that the failure or default be remedied within ten (10) days; and in the event that the Seller fails to remedy such failure or default within the ten (10) day period, Texas A&M and participating entities shall have the right to cancel the agreement upon thirty (30) days written notice. The cancellation of the Agreement, under any circumstances whatsoever, shall not effect or relieve Seller from any obligation or liability that may have been incurred or will be incurred pursuant to the agreement and such cancellation by Texas A&M and participating entities shall not limit any other right or remedy available to Texas A&M and participating entities at law or in equity. 4.6 Termination 4.6.1. For Convenience: The agreement may be terminated, without penalty, by Texas A&M or other participating entity without cause by giving thirty (30) days written notice of such termination to the seller. 4.6.2. If the Supplier fails to perform in the manner specified in this contract or for reasons such as, but not limited to, consistent poor service, unsafe habits or misrepresentation of product, Texas A&M University or other participating entity shall have the right to cancel the contract(s) by providing the Supplier with thirty (30) days written notice. 4.6.3. Upon award, any order is subject to cancellation, either in whole or in part, if funds are not appropriated by the Texas Legislature, appropriate governing board or otherwise made available to the using agency. 4.7 Agreement Amendments No modification or amendment to the agreement shall become valid unless in writing and signed by both parties. All correspondence regarding modifications or amendments to the agreement must be forwarded to the Texas A&M Procurement Services Department or participating entities governing body for prior review and approval. Only the contract administrator within Texas A&M or governing boards will be authorized to sign changes or amendments. 4.8 Independent Vendor Status Seller agrees that Seller and Seller's employees and agents have no employer-employee relationship with Texas A&M and participating entities. Texas A&M and participating entities shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, federal or state unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will Texas A&M and participating entities furnish any medical or retirement benefits or any paid vacation or sick leave. Vol. 301 P9. y9 Texas ABrM University RFP Main #19-0024; Annual Fuel Contract Page 15 of 33 4.9 Right to Audit At any time during the term of this agreement and for a period of four (4) years thereafter Texas A&M and participating entities or duly authorized audit representative of Texas A&M, or the Texas A&M University System or participating entities, at its expense and at reasonable times, reserves the right to incrementally audit Vendor's records and manufacturer's pricing relevant to all pricing provided under this agreement. In the event such an audit by Texas A&M reveals any errorsloverpayments by Texas A&M and participating entities, Vendor's shall refund Texas A&M or participating entities the full amount of such overpayments within thirty (30) days of such audit findings, or Texas A&M or participating entities at its option, reserves the right to deduct such amounts owing Texas A&M and participating entities from any payments due Vendor.. 4.10 Sales and Use Tax Texas A&M and participating entities, as an agency of the State of Texas, qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provisions of the Texas Limited Sales, Excise, and Use Tax Act. The Seller may claim exemption from payment of applicable State taxes by complying with such procedures as may be prescribed by the State Comptroller of Public Accounts. 4.11 Observance of Texas A&M Rules and Regulations Vendor agrees that at all times its employees will observe and comply with all regulations of the University, including but not limited to parking and security regulations. 4.12 Non -Disclosure Vendor and Texas A&M and participating entities acknowledge that they or their employees may, in the performance of the resultant agreement come into the possession of proprietary or confidential information owned by or in the possession of the other. Neither party shall use any such information for its own benefit or make such information available to any person, firm, corporation, or other organizations, whether or not directly or indirectly affiliated with Seller or Texas A&M and participating entities unless required by law. 4.13 Publicity Vendor agrees that it shall not publicize this agreement or disclose, confirm or deny any details thereof to third parties or use any photographs or video recordings of Texas A&M or participating entities name in connection with any sales promotion or publicity event without the prior express written approval of Texas A&M and participating entities. 4.14 Severability If one or more provisions of the resultant agreement, or the application of any provision to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of the agreement and the application of the provision to other parties or circumstances shall remain valid and in full force and effect. 4.15 Non -Waiver of Defaults Any failure of Texas A&M or participating entities at any time, to enforce or require the strict keeping and performance of any of the terns and conditions of this agreement shall not constitute a waiver of such terms, conditions, or rights, and shall not affect or impair same, or the right of Texas A&M and participating entities at any time to avail itself of same. 4.16 Governing Law This agreement shall be construed and governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in a state court of competent jurisdiction in Brazos County, Texas and further that neither party will seek to remove such litigation to the federal court system by application of conflict of laws or any other removal process to any Federal Court or court not in Texas. 4.17 Intellectual Property Pursuant to the Agreement, the University will license specified uses of certain of its intellectual property and assets during the Term of the Agreement, as contemplated herein. However, Texas A&M shall, in all cases, retain exclusive ownership of any and all such intellectual property and assets, including any and all derivative property and assets developed during the Term of the Agreement. The Proposer shall acknowledge Texas A&M's ownership of its intellectual property in the Agreement and shall agree to assign any and all such intellectual property to Texas A&M at the expiration or termination of the Agreement, if requested by Texas A&M. Vol. � Pg. Texas A&M University RFP Main 919-0024, Annual Fuel Contract Page 16 of 33 4.18 Parking Parking on the Texas A&M Campus: • All vehicles parked on the Texas A&M campus must properly display a valid Texas A&M parking permit. • The Texas A&M Department of Transportation Services supervises and coordinates all parking, transportation and traffic related functions on the campus. • The Respondent will be responsible for obtaining parking permits from Transportation Services and resolving, should they arise, any parking regulation disputes and violations. Contact information for Transportation Services is (979) 845-9700 or website is: http://transport.tamu.edu. • The Respondent must also abide by all parking rules, regulations, policies and procedures set forth by Texas A&M. . Vehicles may be parked in service spots, regular open [not handicap or numbered reserved] and in thirty [30] minute and two [2] hour spots, but only for the allotted time. 4.19 Payment Terms Payments shall be made 30 -days after receipt of approved invoices. Invoices should be submitted on a monthly basis and terms will be Net 30 days. Late charges will be paid only as allowable bylaws of the State of Texas. All invoices are to be submitted and charges verified by the designated Transportation Services personnel. Payment will be made for services rendered. Any discrepancies in billing will be resolved by the Contractor and Texas A&M University. 4.20 Felony Conviction Notification All bidders must submit with their bid the Felony conviction Notification form (Attachment E). Failure to acknowledge and submit the completed Felony Conviction Notification form may be cause for the reject of your response 4.21 Assignment of Contract This contract cannot be transferred or assigned to another party without the written consent of Texas A&M or participating entities purchasing Agent or other participating entities and may be subject to cancellation if such consent is not requested. 4.22 Quantities Quantities indicated in the bid are estimated based upon the best available information. Texas A&M University and other participating entities reserves the right to increase or decrease the quantities by any amount deemed necessary to meet its needs without any adjustments in the unit bid prices. 4.23 Cash Discounts Respondent may quote additional cash discount terms in the Case Discount Column. If no discount is shown, prices are to be assumed net. Discount period to be started from the date of completion of entire order or date of receipt of invoice, whichever occurs last regardless of date of invoice. Proposals offering discounts for prompt payment via use of EFT or if invoice is paid within ten (10) days, are encouraged. Respondent shall indicate terms of early payment discounts and provide percentage of discounts as applicable. 4.24 Liability The successful Vendor will be liable for all damages while in the performance of services pursuant to this request. 4.25 Material Safety Data Sheets MSDS's must be provided prior to or with receipt of order, and when revised as applicable. 4.26 Conflict of Interest Disclosure Questionnaire Chapter 176 of the Texas Local Government Code mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the participating entities, including affiliations and business and financial relationships such persons may have with the participating entities. An explanation of the requirements of Chapter 176 and complete test of the new law are available at: http://www.ethics.state.tx.us/whatsneNv/conflict foims.htm Vol. ._�_ pg. 51 Texas A&M University RFP Main 919-0024, Annual Fuel Contract Page 17 of 33 SECTION 5 CONTRACTUAL REQUIREMENTS 5.1 Texas Public Information Act All information, documentation and other material submitted by Respondent under this proposal is subject to public disclosure under the Texas Open Records Act (Texas Government Code, Chapter 552). Respondent is hereby notified that Texas A&M strictly adheres to this statute and the interpretations thereof rendered by the Courts and Texas Attorney General. Respondent shall be deemed to have knowledge of this law and how to protect the legitimate interests of the contractor. 5.2 Insurance Requirements 5.2.1. The successful vendor will be required per the indicated requirements (Appendix A & B) to provide proof of insurance prior to beginning any work on the campus of Texas A&M University. The vendor will be held strictly liable for any damages to Texas A&M University property occurring during any installation. 5.2.2 Vendor shall not commence work until all the insurance specified hereunder has been obtained and certificates of such insurance farce have been filed with and accepted by Texas A&M University and participating entities. Insurance coverage shall provide for a thirty day notice of cancellation or material change to the policy coverage and/or limits and the certificate of insurance enforce must include a notice that the policy or policies do contain these provision. Acceptance of insurance certificates by Texas A&M University and participating entities shall not relieve or decrease the liability of the proposer. Unless otherwise specified, the proposer shall provide and maintain, until the work included in this Request for Proposal is completed an accepted by Texas A&M University and participating entities. 5.2.3 Certificates of Insurance must be delivered or mailed to Texas A&M University and each participating entity as contracts are executed. Upon execution of each contract, the delivery or mailing address will be provided. Please Note: The requirements indicated in Appendix A& Bare Texas A&M University's and Brazos County's requirements. They are provided as a point of reference. Each entity may have different insurance requirements. The successful vendor will work with each entity to ensure that proper insurance requirements are met, upon execution of each agreement. 5.3 Indemnification Vendor agrees to indemnify and hold the State of Texas, the Board of Regents of Texas A&M University System, Texas A&M, their officers, employees, and agents (the Indemnified Parties) harmless from and indemnify each against any and all liabilities, actions, damages, suits, proceedings, judgments, and costs (excluding attorney's fees) for claims resulting from the acts or omissions of Seller or the acts or omissions of others under Seller's supervision and control. 5.4 Other Benefits It is understood and agreed that no benefits, payments or considerations received by vendor for the performance of services associated with and pertinent to the resultant agreement shall accrue, directly or indirectly, to any employees, elected or appointed officers or representatives, or any other person identified as agents of, or who are by definition an employee of the State. 5.5 Alternative Dispute Resolution The dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by Owner and Company to attempt to resolve any claim for breach of contract made by Company that cannot be resolved in the ordinary course of business. Company shall submit written notice of a claim of breach of contract under this Chapter to the University Contracts Officer, Texas A&M University, who shall examine Company's claim and any counterclaim and negotiate with Company in an effort to resolve the claim. 5.6 HUB Subcontracting Plan (HSP) It is the policy of the State of Texas and Texas A&M University (Texas A&M) to encourage the use of Historically Underutilized Businesses (HUBS) in our prime contracts, subcontractors, and purchasing transactions. The goal of the HUB Program is to promote equal access and equal opportunity in TAMU contracting and purchasing. Subcontracting opportunities are anticipated for this Invitation for Bid/Request for Proposal and therefore a HUB Subcontracting Plan (HSP) is required. Failure to submit a comprehensive, acceptable HSP will be considered a material failure to comply with the requirements of the Invitation for Bid/Request for Proposal and will result in rejection of the submittal. The HUB Subcontracting Plan shall be submitted with the Invitation for Bid/Request for Proposal response by the date and time specified. Vol. , f Pg. 5a Texas A&M University RFP Main 919-0024; Annual Fuel Contract Page /8 of 33 For information regarding the HUB Subcontracting Plan requirements, please contact Robby Bounds, CTPM, C.P.M. at 979- 845-4534 or via email at rbounds@tamu.edu. Documents attached are the State of Texas HUB Subcontracting Plan form, HSP Quick Checklist, and Prime Contractor Progress Assessment Report (PAR) form. The State of Texas HSP forms can also be found at the following site: htto://Nvww.window.state.tx.us/procurenient/proo/hub/hub-forms 5.7 Billing Resolutions In the case of a problem on a disputed invoice or charge, the Respondent will provide necessary information, i.e. duplicate invoice, shipping information and proof of delivery at no extra charge to Texas A&M within 5 business days of request. All credit memos will reflect the purchase order number and the original invoice number in which charge was initiated. 5.8 Payment Payment schedule to be agreed upon prior to formal execution of agreement. Payment shall be made within thirty (30) days after acceptance of goods and/or services and receipt of invoice, whichever is later, and according to the agreed upon schedule. Texas A&M will incur no penalty for late payment if payment is made in 30 or fewer days from receipt of goods or services and an uncontested invoice. Texas A&M may withhold any moneys claimed to be due by the Respondent until the terms of the Agreement have been fulfilled and the work of the Respondent has been accepted. 5.9 Written Specifications Texas A&M University and other participating entities will not be bound by any oral statement or representation contrary to the written specifications of this bid. 5.10 Supplier Assignments Supplier hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq. (1973), and which arise under the antitrust Iaws of the State of Texas, TEX. Bus. & Comm. Code Ann. Sec. 15.0 1, et seq. (1967). 5.11 Texas Family Code Section 231.006 Ineligibility to Receive State Grants or Loans, or Receive Bids or Payments on State Contracts. (a) A child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent is not eligible to: (1) receive payments from state funds under a contract to provide property, materials, or services: or (2) receive a state -funded grant or loan. (b) A child support obligor or business entity ineligible to receive payments under Subsection (a) remains ineligible until: (1) all arrearages have been paid; or (2) the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency. (c) Pursuant to Section 231.006 (c), Family Code, bid should include name and Social Security number of each person with at least 25% ownership of the business entity submitting the bid. Bidders that have pre -registered this information on the TBPC Centralized Master Bidders List have satisfied this requirement. If not pre -registered, attach name & social security number for each person. Otherwise this information must be provided prior to contract award. (d) "Pursuant to Section 23I.006, Family Code, re: child support, the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate." (e) If a state agency determines that an individual or business entity holding a state contract is ineligible to receive p ayment under Section (a) the contract may be terminated. (f) If the certificate required under Subsection (d) is shown to be false, the vendor is liable to the state for attorney's fees, the costs necessary to complete the contract, including the cost of advertising and awarding a second contract, and any other damages provided by law or contract. Added by Acts 1995, 74th Leg., ch. 20, Sec. I, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 82, eff. Sept. I, 1995. Voo. _ 3o I pg. 53 Texas A&M University RFP Main #19-0024; Annual Fuel Contract Page 19 of 33 5.12 Federal Terms and Conditions THIS DOCUMENT is subject to any constitutional or statutory limitations upon Texas A&M University as an Agency for the State of Texas. OSHA STATEMENT Seller represents and warrants that all articles and services covered by this document meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91:596) and its regulations in effect or proposed as of the date of this document. CERTIFICATION OF NONSEGREGATED FACILITIES OF EQUAL EMPLOYMENT OPPORTUNITIES COMPLIANCE If this transaction exceeds $10,000 or if the seller anticipates or has a history of exceeding $10,000.00 in sales to Texas A&M University within any continuous twelve (12) month period, the acceptance of this document will signify their compliance with the provisions of SECTION 202 of EXECUTIVE ORDER No. 11246 pertaining to Equal Employment Opportunities effective September 24, 1965 and its amendment EXECUTIVE ORDER No. 11375 effective October 13;1967 insofar as Section 202 is affected by changing the word "creed" to "religion" and by adding the word "sex". The signing will also serve as written affirmation of the following CERTIFICATION OF NON -SEGREGATED FACILITIES. By the acceptance of this document, the bidder, offer or, applicant or subcontractor certifies that they do not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not permit their employees to perform their services at any location under their control, where segregated facilities are maintained. They certify further that they will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they will not permit their employees to perform their services at any location under their control where segregated facilities are maintained. The bidder, offer or, applicant or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification the term "segregated facilities" means any waiting room, work area, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin, be -cause of habit, local custom, or otherwise. They further agree that (except where they have obtained identical certifications from proposed subcontractors for specific time periods) they will obtain identical certifications from proposed subcontractor prior to the award of subcontracts exceeding $10,000.00 which are not exempt from the pro -visions of the Equal Opportunity clause, that they will retain such certifications in their files and that they will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods). NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES - A Certification of Non -segregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000.00 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semi-annually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U/S.C. 1001. AFFIRMATIVE ACTION COMPLIANCE In addition to the above certification, if this transaction exceeds $50,000 the seller must have included as part of the bid a copy of their written Civil Rights "Affirmative Action Compliance Program". If a bidder is not required to have such a written program, they must have so stated on the bid form indicating the reason it is not required. Paragraph 60.741.4 of Title 41 of Part 60-741 Affirmative Action Obligations of Contracts and Subcontracts for Handicapped Workers is incorporated by reference for all contracts of $3,500.00 or greater. If any additional information is required regarding these requirements, please contact the Texas A&M University Procurement Services Department prior to the shipping date. EQUAL EMPLOYMENT OPPORTUNITY All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity" and as supplemented by regulations of 41 CFR part 60, "Office of Federal contract Compliance Programs, Equal Employment Opportunity, Department of Labor". COPELAND "ANTI -KICKBACK" ACT (18 U.S.C. 874 AND 40 U.S.C. 276C) All contracts and subgrants in excess of $2000 for construction or repair awarded by recipient and subrecipients shall include a provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by loans or grants from the United States). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. Vol. Pg. S Texas A&M University RFP Main #19-0024; Annual Fuel Contract Page 20 of 33 DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 276a TO a-7) When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5 "labor Standards Provisions Applicable to Contracts Governing Federally .Financed and Assisted Construction"). CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327-333) Where applicable, all contracts awarded by recipient in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and recipient in any resulting invention in accordance with 37 CRF part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarded agency. CLEAN AIR ACT (42 U.S.C. 7401 et seq.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. 1251 et seq.), as amended Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA) BRYD ANTI -LOBBYING AMENDMENT (31 U.S.C. 1352) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an offer or employee of any agency, a member of Congress, officer of employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbing with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. DEBARMENT AND SUSPENSION (E.O.s 12549 and 12689) No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. Vol. 3bl fig. 55 Texas A&M University RFP Main #19-0024; Annual Fuel Contract Page 21 of 33 SECTION 6 EXECUTION OF OFFER RFP MAIN 19-0024; Annual Fuel Contract In compliance with this RFP, and subject to all the conditions herein, the undersigned offers and agrees to furnish any or all commodities or services at the prices quoted 6.1 Proposer Affirmation Signing this proposal with a false statement is a material breach of contract and shall void the submitted proposal or any resulting contracts, and the proposer may be removed from all proposal lists. By signature hereon affixed, the proposer hereby certifies that: 6.1.1. The proposer has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted proposal. 6.1.2. The proposer is not currently delinquent in the payment of any franchise tax owed the State of Texas. 6.1.3. Pursuant to Section 2155.004 Government Code, relating to collection of state and local sales and use taxes, the proposer certifies that the individual or business entity named in this proposal is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate. 6.1.4. Neither the proposer nor the firm, corporation, partnership or institution represented by the proposer, or anyone acting for such firm, corporation or institution has violated the antitrust laws ofthis State, codified in Section 15.01, at seq., Texas Business and Commerce Code, or the Federal Antitrust Laws, nor communicated directly or indirectly the proposal made to any competitor or any other person engaged in such line of business. 6.1.5. The proposer has not received compensation for participation in the preparation of the specifications for this Invitation for Proposal. 6.1.6. The proposer shall defend, indemnify, and hold harmless the State of Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings costs, damages, and liabilities, from any acts or omissions of proposer or any agent, employee, sub -Contractor, or proposer of proposer in the execution or performance of this purchase order. 6.1.7. Proposer agrees that any payments due under this contract will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the State of Texas. 6.1.8. Proposer certifies that they are in compliance with section 669.003 of the Government Code, relating to contracting with executive head of a State agency. If section 669.003 applies, proposer will complete the following information in order for the proposal to be evaluated: Name of Former Executive: Name of State Agency: Date of Separation from State Agency: Position with Proposer: Date of Employment with Proposer. 6.1.9. Proposer agrees to comply with Government Code 2155.4441, pertaining to service contract use of products produced in the State of Texas. 6.2 Texas Family Code Section 231.006 Ineligibility to Receive State Grants or Loans, or Receive Proposals or Payments on State Contracts. 62.1. A child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent is not eligible to: 62.1.1, receive payments from state funds under a contract to provide property, materials, or services: or 6.2.1.2, receive a state -funded grant or loan. 6.2.2. A child support obligor or business entity ineligible to receive payments under Subsection (a) remains ineligible until• 6.2.2.1. all arrearages have been paid; or 6.2.2.2. the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency. 62.3. Pursuant to Section 231.006 (c), Family Code, proposal should include name and Social Security number of each person with at least 25% ownership of the business entity submitting the proposal. Proposers that have pre -registered this information on the GSC Centralized Master Proposers List have satisfied this requirement. If not pre -registered, attach rause & social security number for each person. Otherwise this information must be provided prior to contract award. 62.4. "Pursuant to Section 231.006, Family Code, re: child support, the proposer certifies that the individual or business entity named in this proposal is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate." 6.2.5. If a state agency determines that an individual or business entity holding a state contract is ineligible to receive payment under Section (a) the contract may be terminated. 6.2.6. If the certificate required under Subsection (d) is shown to be false, the vendor is liable to the state for attorney's fees, the costs necessary to complete the contract, including the cost of advertising and awarding a second contract, and any other damages provided by law or contracL Added by Acts 1995,741h Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 741s Leg., ch. 751, Sec. 82, eff. Sept. 1, 1995. vol. CA P9• ,51� Texas A&M University RFP Main 919-0024, Annual Fuel Contract Page 22 of 33 EXECUTION OF OFFER 63 Substitute W-9 Texas A&M University requires all companies and individuals (not employees or students) to have a Substitute W-9 form on file. This form is needed for IRS compliance. Step 1: You can obtain the Substitute W-9 form from the Texas A&M University Financial Management Services website at: h"s://fmo.tainu.edu/media/39508I /substitutew9.odf Step 2: Vendor must fill out the form completely and mail the original to: Texas A&M University Financial Management Services Accounts Payable 6000 TAMU College Station, TX 77843-6000 6.4 Direct Deposit All vendor; are encouraged to sign up for direct deposit. The direct deposit form is located at: hums://fmo.lamu.edu/mediW395081/substitutew9.pdf 6.5 Signature Proposal should give Payee Identification Number (PIN) (Formerly Vendor ID), full firm name and address of proposer (enter in block provided Want shown). Failure to manually sign proposal will disqualify it. The person signing the proposal should show title or authority to bind his/her firm in contract The Payee Identification Number is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. Enter this number in the spaces provided on the Execution of Offer. This offer consists of pages number (1) through Payee Identification Number (PIN): Sole Owner should also enter social security No.: Proposer/Company: Signature(INK): Name (Typed/Printed): Title: Street: City/State/Zip: Telephone No.: Fax No.: Other preferences as defined in TAC Tide 34, Part 1, Chapter 20, Subchapter C Rule 20.38 (check any that are applicable) U Supplies, materials, equipment, or services produced in TX/ offered by TX bidders (__) Agricultural products produced or grown in TX (__) Agricultural products and services offered by TX bidders U USA produced supplies, materials, or equipment (__) Products of persons with mental or physical disabilities U Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel (__) Energy efficient products (__) Rubberized asphalt paving material (__) Recycled motor oil and lubricants (__) Products produced at facilities located on formerly contaminated property (__) Products and services from economically depressed or blighted areas THIS SHEET MUST BE COMPLETED, SIGNED, AND RETURNED WITH RESPONDENT'S PROPOSAL. FAILURE TO SIGN AND RETURN THIS SHEET WILL RESULT IN THE REJECTION OF YOUR PROPOSAL. Texas A&M University RFP Main 919-0024; Annual Fuel Contract Page 23 of 33 SECTION 7 RESPONDENT'S QUESTIONNAIRE/COMPANY EXPERIENCE The Respondent recognizes that in selecting a supplier, Texas A&M will rely, in part, on the answers provided in response to this Section 7. Accordingly, Respondent warrants to the best of its knowledge that all responses are true, correct and complete. Texas A&M reserves the right to contact each and every reference listed below and shall be free from any liability to respondent for conducting such inquiry. 7.1 Company Profile Number of Years in Business: Type of Operation: Individual Partnership Corporation Government Number of Employees: (company wide) Number of Employees: (servicing location) Annual Sales Volume: (company wide) Annual Sales Volume: (servicing location) Provide any details of all past or pending litigation or claims filed against your company that would negatively impact your company's performance under an agreement with Texas A&M. Is your company currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity. If yes, specify date(s), details, circumstances, and prospects for resolution. Vol. os�_ P9. 5� Texas A&M University RFP Main #19-0024, Annual Fuel Contract Page 24 of 33 SECTION 8 PRICING 8.1 Pricing The participating entities are exempt from certain Federal Excise, State Sales and Transportation Taxes. The participating entities upon request will execute Tax Exemption Certificates. All participating entities, with the exception of the school districts, are subject to the State of Texas Road Tax @ .20/gallon. All entities are subject to the State of Texas Petroleum Product Delivery Fee. These specific taxes, state imposed fees and unloading fees MUST NOT BE INCLUDED IN YOUR PROPOSAL. These taxes and fees must be itemized on all invoices to the participating entity. Unloading fees will not be permitted in the bids or subsequent invoices. All fuel deliveries shall be on a net gallon basis temperature corrected to 60 degrees Fahrenheit. Proper measurement must be verified by Tank Truck Bill of Lading. Respondents shall provide their method of offered pricing that includes all necessary backup documentation for transparency. Texas A&M University and participating entities must be able to determine the cost of the fuel, vendor profit and price to be paid. The following are a set of standard Ioads that will be ordered. This information is provided just as information and not a guarantee of purchase. • Unleaded Fuel, 87 Octane, Transport Loads of 7,000/gallons • Unleaded Fuel, 87 Octane, Less than full transport truck delivery, Transport Loads of 500/gallons • #2 Diesel, Low Sulfur, Transport Truck Delivery of 6,500/gallons • #2 Diesel, Low Sulfur, Less than full transport truck delivery, Transport Loads of 500/gallons • Dyed Diesel, Transport Truck Delivery of 6,500/gallons • , Dyed diesel, Less than full transport truck delivery, Transport Loads of 500/gallons • Bio -Diesel, Range of B20, Soybean additive, Transport Truck Delivery of 6,500/gallons 8.2 Invoicing Respondents shall provide samples of invoices that provide all necessary information to determine that pricing billed matches what was delivered. Vol. —2� Pg--S5=d- Texas A&M University RFP Main #19-0024; Annual Fuel Contract Page 25 of 33 SECTION 9 EVALUATION CRITERIA FOR AWARD EVALUATION CRITERIA FOR AWARD 9.1 Evaluation Information Texas A&M University will utilize an evaluation team for the evaluation of this RFP. Texas A&M University will evaluate and make the award on the proposal that is determined to be the "Best Value" to the State based on, but not limited to the criteria listed above. All proposals must be complete and convey all of the information requested to be considered responsive. If the proposal fails to conform to the essential requirements of the RFP, Texas A&M alone will determine whether the variance is significant enough to consider the proposal susceptible to being made acceptable and therefore a candidate for further consideration, or not susceptible to being made acceptable and therefore not considered for award. By submitting a proposal, Respondent acknowledges and accepts [a]the evaluation process, [b] the evaluation factors listed in the RFP Questionnaire, [c] the scope of this engagement (Section 1), [d] the terns and conditions of the Agreement (Section 4), [e] all other requirements and specifications set forth in this RFP, and [e] that some subjective judgments must be made by the University during this RFP process. Should Texas A&M be unable to agree on final Agreement terms and conditions with the highest ranked proposer, a Texas A&M representative(s) will then negotiate with the second -ranked proposer or reissue the same or modified version of this RFP. Texas A&M University reserves the right to reject any and all proposals. 9.2 Demonstration/Presentation During evaluation, Texas A&M may request an on-site demonstration/presentation of proposer(s). The team may consider the demonstration/presentation in the evaluation criteria. The purpose of the on-site demonstration/presentations is for clarification or to amplify the materials presented in any part of your submission. However, vendors are cautioned that the evaluators are not required to request clarification; therefore, all submissions should be complete and reflect the most favorable terms available from the offer. 9.3 Evaluation Criteria and Weights Each proposal shall be evaluated on the ability to meet the university's minimum requirements in Section 2 and to provide the best value to the University. Proposal shall be evaluated by assigning points to each of the items below. The maximum number of points that can be assigned to each item being evaluated are as follows: Evaluation Criteria Possible Points Respondent Experience/Proximity as it relates to the ability to perform the contract. 50 Pricing Model/Transparency/Long term cost to acquire goods and services 30 References/Reputation of bidder 5 Performance/Service/Required delivery after order placement 15 TOTAL POINTS 100 VOL 3Q1___ Psdzo Texas A&M University RFP Main 019-0024; Annual Fuel Contract Page 26 of 33 SECTION 10 NON -COLLUSION AFFIDAVIT The undersigned, duly authorized to represent the persons, firms and corporations joining and participating in the submission of the foregoing Proposal (such persons, firms and corporations hereinafter being referred to as the "RESPONDENT"), being duly sworn, on his or her oath, states that to the best of his or her belief and knowledge no person, firm or corporation, nor any person duly representing the same joining and participating in the submission of the foregoing Proposal, has directly or indirectly entered into any agreement or arrangement with any other RESPONDENTS, or with any official of TEXAS A&M or any employee thereof, or any person, firm or corporation under contract with TEXAS A&M whereby the RESPONDENT, in order to induce acceptance of the foregoing Proposal by said TEXAS A&M, has paid or is to pay to any other RESPONDENT or to any of the aforementioned persons anything of value whatever, and that the RESPONDENT has not, directly or indirectly entered into any arrangement or agreement with any other RESPONDENT or RESPONDENTS which tends to or does lessen or destroy free competition in the letting of the contract sought for by the foregoing Proposal. The RESPONDENT hereby certifies that neither it, its officers, partners, owners, providers, representatives, employees and parties in interest, including the affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other RESPONDENT, potential RESPONDENT, firm or person, in connection with this solicitation, to submit a collusive or sham bid, to refrain from bidding, to manipulate or ascertain the price(s) of other RESPONDENTS or potential RESPONDENTS, or to obtain through any unlawful act an advantage over other RESPONDENTS or TEXAS A&M. The prices submitted herein have been arrived at in an entirely independent and lawful manner by the RESPONDENT without consultation with other RESPONDENTS or potential RESPONDENTS or foreknowledge of the prices to be submitted in response to this solicitation by other RESPONDENTS or potential RESPONDENTS on the part of the RESPONDENT, its officers, partners, owners, providers, representatives, employees or parties in interest, including the affiant. CONFLICT OF INTEREST The undersigned RESPONDENT and each person signing on behalf of the RESPONDENT certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief, no member of TEXAS A&M, nor any employee, or person, whose salary is payable in whole or in part by TEXAS A&M, has a direct or indirect financial interest in the award of this Proposal, or in the services to which this Proposal relates, or in any of the profits, real or potential, thereof, except as noted otherwise herein. Signature Respondent Name Date Subscribed and sworn to before me this day of , 2019. Notary Public in and for the County of , State of . My commission expires: AFFIDAVIT MUST BE COMPLETED, SIGNED, AND RETURNED WITH RESPONDENT'S PROPOSAL. FAILURE TO SIGN AND RETURN -THIS SHEET MAY RESULT IN THE REJECTION OF YOUR PROPOSAL. Vol. �_ �'9•_ Ul Texas A&M University RFP Main 919-0024; Annual Fuel Contract Page 27 of33 AppendixA-InsuranceRequirements [Vendor] shall obtain and maintain, for the duration of this Agreement or longer, the minimum insurance coverage set forth below. With the exception of Professional Liability (E&O), all coverage shall be written on an occurrence basis. All coverage shall be underwritten by companies authorized to do business in the State of Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code and have a financial strength rating of A- or better and a financial strength rating of VII or better as measured by A.M. Best Company or otherwise acceptable to Texas A&M University. By requiring such minimum insurance, the Owner shall not be deemed or construed to have assessed the risk that may be applicable to [Vendor] under this Agreement. [Vendor] shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage. [Vendor] is not relieved of any liability or other obligations assumed pursuant to this Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. No policy will be canceled without unconditional written notice to Texas A&M University at least ten days before the effective date of the cancellation. Insurance: Coverage Limit A. Worker's Compensation Statutory Benefits (Coverage A) Statutory Emolovers Liability (Coverage B) $1,000,000 Each Accident $1.000,000 Disease/Employee $1,000,000 Disease/Policy Limit Workers' Compensation policv must include under Item 3.A. on the information page of the workers' compensation Policy the state in which work is to be performed for Texas A&M University. Workers' compensation insurance is required, and no "alternative" forms of insurance will be permitted B. Automobile Liability Business Auto Liability Insurance covering all owned, non -owned or hired automobiles, with limits of not less than $1,000,000 Single Limit of liability per accident for Bodily Injury and Property Damage; C. Commercial General Liabilit Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Products / Completed Operations $1,000,000 Personal/ Advertising Injury $1,000,000 Damage to rented Premises $300,000 Medical Payments $5,000 The required commercial general liability policy will be issued on a form that insures [Vendor's] or its subcontractors' liability for bodily injury (including death), property damage, personal and advertising injury assumed under the terms of this Agreement. Additional Endorsements The Auto and Commercial General Liability Policies shall name the Texas A&M University System Board of Regents for and on behalf of The Texas A&M University System and the Texas A&M University as additional insured's. Vol. 1_.._____ Pg. � a Texas A&M University RFP Main 919-0024; Annual Fuel Contract Page 28 of 33 D. [Vendor] will deliver to Texas A&M University: Evidence of insurance on a Texas Department of Insurance approved certificate form verifying the existence and actual limits of all insurance after the execution and delivery of this Agreement and prior to the performance of any services by [Vendor] under this Agreement. Additional evidence of insurance will be provided on a Texas Department of Insurance approved certificate form verifying the continued existence of all required insurance no later than thirty (30) days after each annual insurance policy renewal. All insurance policies, with the exception of worker's compensation and employer's liability will be endorsed and name The Board of Regents for and on behalf of The Texas A&M University System, The Texas A&M University System and Texas A&M University as Additional Insured up to the actual liability limits of the policies maintained by [Vendor]. Commercial General Liability and Business Auto Liability will be endorsed to provide primary and non-contributory coverage. The Commercial General Liability Additional Insured endorsement will include on-going and completed operations and will be submitted with the Certificates of Insurance. All insurance policies will be endorsed to provide a waiver of subrogation in favor of The Board of Regents of The Texas A&M University System, The Texas A&M University System and Texas A&M University. No policy will be canceled without unconditional written notice to Texas A&M University at least ten days before the effective date of the cancellation. All insurance policies will be endorsed to require the insurance carrier providing coverage to send notice to Texas A&M University ten (10) days prior to the effective date of cancellation, material change, or non -renewal relating to any insurance . policy required in this section. Any deductible or self-insured retention must be declared to and approved by Texas A&M University prior to the performance of any services by [Vendor] under this Agreement. [Vendor] is responsible to pay any deductible or self- insured retention for any loss. All deductibles and self-insured retentions will be shown on the Certificates of Insurance. Certificates of Insurance and Additional Insured Endorsements as required by this Agreement will be mailed, faxed, or emailed to the following Texas A&M University contact: Name: Address: Facsimile Number: Email Address: The insurance coverage required by this Agreement will be kept in force until all services have been fully performed and _accepted by Texas A&M University in writing. Texas A&M University RFP Main #19-0024; Annual Fuel Contract Page 29 of 33 •Appendix'B.='.Brazos. County'ijnsu'rance.. requirements POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTORS INSURANCE The Vendor, before starting work for Brazos County, must furnish the 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 the County) licensed to write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000,000. In 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 $ 1,000,000 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 the 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 The County reserves the right to require additional lines of insurance on a case-by-case basis, depending upon the subject matter of the contract and the attendant risks involved in the completion of the contractual work. INDEMNIFICATION The Contractor shall defend, indemnify and save harmless the 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 the County may be retained for the use of the 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 the County. Contractor shall defend, indemnify and save harmless the County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by the County, its officers, agents or employees. Vol. P9. 1 Qq Texas A&M University RFP Main #19-0024; Annual Fuel Contract Page 30 of 33 Appe' dii C —Certification and Authorization Certification and Authorization: RFP Main #19-0024 Annual Fuel Contract The undersigned certifies that he has fully read and understands this "Request for Proposal" and has full knowledge of the scope, quantity and quality of the services to be provided and intends to adhere to the provisions described herein. The undersigned also affirms that they are duly authorized to submit this bid, that this bid had 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. Additionally, the undersigned affirms that the firm is willing to sign and execute contracts with each participating entity. By signing this bid, bidder certifies that if a Texas address is shown as the address of the bidder, bidder qualifies as a Texas Resident Bidder as defined in Rule 1 TAC 111.2. Signed by: Failure to sign will disqualify RFP. Typed Name: Phone Number: Email: Title: Company Name: Fax Number: (___) Historically Underutilized Business certified by TPASS -- Please specify UBLK UHSP UW/0 (,A/P U Al Administrative Office: Operations: Address: Remittance: Address: PO Box or Street City State M PO Box or Street City State Zip PO Box or Street City State Zip Federal Tax ID Number: Date: vol. 3D1 pg. CQ5- Texas A&M University RFP Main #19-0024; Annual Fuel Contract Page 31 of 33 Append'iz'D=Fetony'.Convicq n:Notification Felony Conviction Notice Statutory citation covering notification of criminal history of vendor is found in the Texas Education Code §44.034. Felony Conviction Notification Texas Education Code §44.034, Notification of Criminal History, Subsection (a), states " a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Subsection (b) states " a school district may terminate a contract with a person or business entity failed to give notice as required by subsection (a) or misrepresented the conduct resulting in the conviction. The school district must compensate the person or business entity for services performed before the termination of the contract." This Notice is NOT required of a Publicly -Held Corporation. 1, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the -following information furnished is true to the best of my knowledge. Vendor's Name: Authorized Company Official's Name (printed) A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. Signature of Company Official B. My firm is not owned nor operated by anyone who has been convicted of a felony: Signature of Company Official C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony: Name of Felon (s): Details of Conviction(s): Signature of Company Official Texas A" University RFP Main #19-0024; Annual Fuel Contract Page 32 of 33 Attachment:A= HUB.$ubcontracting-Plan The HUB Subcontracting Plan Pages 1-10 All respondents are required to return a HUB Subcontracting Plan with their proposal. Failure to return a HUB Plan or if HUB Plan is not approved, your entire response will be disqualified. Helpful Contacts: Robby Bounds, CTPM, C.P.M, Director rbounds(@tamu.edu 979-845-4534 Patty Winkler, C.P.M., Assistant Director p-winkler'a)tamu.edu 979-845-4556 Lo 7 Texas A&M University RFP Main #19-0024; Annual Fuel Contract Page 33 of 33 Attaclimelit'B 4.City of College Station Annuaf'Fuel Contract. City of College Station, Annual Fuel Contract will be required to be executed upon award Vol. 30 Pg.l-9-B DIVISION OF FINANCE PROCUREMENT SERVICES Addendum #1 Date: June 26, 2019 Reference: Texas A&M University Request for Proposal RFP Main 19-0024 Scheduled RFP Due Date: July 19, 2019 at 2:00 p.m. CST Please make the following changes, additions or deletions to the above referenced bid. Changes/Corrections: Pre -Proposal Meeting — the correct address for the pre -proposal meeting being held on Thursday, June 27, 2019 @ 2:30 pm is as follows: 300 Krenek Tap Rd College Station TX 77842 Second Floor Brief History and Current Organization College Station ISD — replace with the following: • College Station Independent School District has a current enrollment of 12,840 for school year ending 2017-2018. The annual operating budget is approximately $149 million, and staff employment is 1,845. The district currently has 19 campuses. Our Transportation department serves over 4,400 students daily, covering 96 square miles using approximately 118 buses. We average 1,000,000 in annual miles traveled. Product Estimates — updated College Station ISD to the following: No. Lead — 87 — 55,000 Diesel —160,000 PIease acknowledge receipt of the addendum by signing and returning with your proposal. Sincerely, Patty Winkler, C.P.M. Assistant Director Company Name Date P.O. Box 30013 1477 TAMU College Station, TX 77842-3013 Tel. 979.845.4570 Fax. 979.845.3800 http://purchasing.tamu.edu Authorized Signature MRFP Rd- C Oft EMB Main 1c 4 Nwd FUd MMMVAaE� 1A= Vol., �l pg, �9 C� DIVISION OF FINANCE PROCUREMENT SERVICES Addendum #2 Date: July 10, 2019 Reference: Texas A&M University Request for Proposal RFP Main 19-0024 Scheduled RFP Due Date: July 19, 2019 at 2:00 p.m. CST Please make the following changes, additions or deletions to the above referenced bid. Attachments.- Sign-in ttachments.Sign-in sheet from Pre -Proposal Meeting from June 27, 2019 • Tabulation from last bid request Questions/Answers: 1. Q. Can I get fuel usage broken down by each delivery location? A. City of Bryan 10/28/16 Waco UL Waco DL Fountain UL Fountain DL — 216208 gals 213089 gals 49076 gals 61813 gals 10/27/17 10/28/17 201731 193980 54357 63494 10/27/18 10/28/18 141403 139148 39873 40229 10/27/19 Texas A&M University FY 18 424,150 gals 457,465 gals FY 19 236,651 gals 505,322 gals YTD City of College Station Daily Main USC Annual Orders Annual usage Warehouse Warehouse — — Orders — UL — 800 DL — 86 gal Transportation Maintenance gal — UL 17858; — UL 36041; DL 148250 DL 5957 Bryan ISD Weekly Unleaded — Diesel — Order 1,975 gals 6,000 gals BVSWMA, Inc. FY 2017 Twin Oaks Twin Oaks Twin Oaks Compost — Landfield — Landfill — DL Diesel UL — 4,591 199,369 12 901 FY 2018 8,854 5 349 186.740 FY 2019 4,010 3 013 506,207 P.O. Box 30013 1477 TAMU College Station, TX 77842-3013 Tei. 979.845.4570 Fax. 979.845.3800 httpJ/purchasing.tamu.edu 1;1RFP Rde CW.*01NRFPNdn 10=4Pivvd NdCwtr Wftnd..7.Em VOL P9• J.__ Page 2 of 8 2. Q. May I please get a copy of the attendance list from the pre-bid meeting that took place on June 27"? A. See attachments 3. Q. What is the name of the current incumbent? A. Sunoco, LP (original vendor was Brenco Marketing, which was purchased by Sunoco, LP in October, 2018.) 4. Q. What is the current incumbent charging for each product? A. See attachments/tabulation 5. Q. May I please get a current copy of the product invoices? A. Texas A&M University - This request must be submitted through our Open Records Department- httos://openrecords.tamu.edu/ Brazos County—Open Records link—nublicinfo(&brazoscountvtx.eov 6. Q. Are we required to bid on all items? A. No 7. Q. The RFP gives a range of B 1-1320 for Bio -Diesel. What is the type of Bio -Diesel Texas A&M currently receiving? A. Texas A&M University — no currently using biodiesel. We would like the option to purchase biodiesel. Biodiesel must meet the ASTM specifications. 8. Q. The products specs reference midgrade gasoline and premium gasoline. Are any of the locations provided currently using midgrade and/or premium? If so, what is annual usage per location? A. City of Bryan—NA Brazos County — NA Texas A&M University — NA Bryan ISD — NA BVSWMA - NA 9. Q. May we be provided with a list of approved HUBs for this contract? A. The listing of available HUB vendors will depend on the subcontracting area. All certified Texas HUB vendors can be found on the State of Texas Centralized Master Bidders Listing. httos://comptroller.texas.eov/nurchasine/vendor/embl/ If you need assistance with the website, please. contact Cindy Gillar @ 979-845-9010 or via email — c-eillaratarnmedu. 10. Q. Have you ever terminated a contract for convenience? A. Not this specific contract, but we have other contracts. IARFP Refemneo Cc{leo1201 WWP Win 1900MAneunf Fud C6*adWddenden 2doe Vol. '�b� r Pg. �_ Page 3 of 8 11. Q. When is the anticipated award date? A. No later than September 1, 2019 12. Q. Will the award be decided at a board meeting? If so when is the first meeting after the opening? A. No 13. Q. May we be provided with a list of bidders invited to bid? A. No 14. Q. Will the opening be open to the public? If so what information will be read aloud? A. No, for a Request for Proposal — there will not be a public opening. 15. Q. When will tabulations be posted after the opening? A. We do not post tabulations nor do we have one for a Request for Proposal. All proposals will be scored based on the evaluation criteria indicated in Section 9. No information will be provided until an award has been made. 16. Q. We would like to confirm that no schools are able to accept ethanol gasoline (87E10 or RFG87E) and that the bid is requesting UNL-87 non ethanol gasoline for all locations that heed gasoline. All gasoline in Texas currently has ethanol/alcohol. A. Any amount of alcohol, above industry standard, is considered contamination and will not be allowed. Bryan ISD and City of College Station will accept up to 10% ethanol 17. Q. What blend of bio diesel is the university wanting to be quoted? 2%, 5%, 1-% or a different amount? A. We are requesting respondents to provide different options to use (BS -B20) 18. Q. Who is the current vendor and what are the current margins? A. Sunoco, LP; see attached tabulation 19. Q. Is the current vendor a HUB business? A. No 20. Q. Who are the current HUB contractors providing work for this bid? A. There are no HUB vendors providing any service/product at this time. C1RFP Reference Co{ias1201GU*P Main 160024 Pnmd Fug Canoad14dd.W— Zdx Vol Pg. i Page 4 of 8 21. Q. The bid did not include a specific price list, are we to provide pricing on our own forms or will a sheet be released as part of an addenda? A. Please refer back to Section 8 Pricing — Respondents shall provide their method of offered pricing that includes all necessary backup documentation for transparency. Pricing structure offered must include cost of fuel, vendor profit and price to be paid. 22. Q. A FOIA request was sent to the purchasing department for Texas A&M University at College Station, may we have an update on its status? Will the information be provided before the due date of this bid? A. All information requested under an open records request are submitted to Texas A&M's Open Records Department. Please reach out to Patricia Bledsoe @ onen-recordsnu,tamu.edu for all updates in reference to an open records request. Procurement Services cannot provide status on these request. 23. Q. Do you receive any discounts from your current vendors? A. Our current pricing structure is not established on a discount. 24. Q. Does the university give preference to HUB vendors or local vendors? If so, how is the preference calculated? A. The award of this contract will be based on the criteria indicated in Section 9. The only preferences that may be utilized are indicated in Section 6.5 25. Q. Can pricing be provided per entity or is the price to be a single price for all members per product? A. Please refer to Question/Answer 21 26. Q. Do we have to provide pricing for all members? Will the award be split per member? A. Please refer back to Section 1.4 27. Q. Will the award be split by delivery method? I.e. can transport delivery and tankwagon/bobtail delivery to awarded to different vendors? A. Please refer back to Section 1.4 28. Q. If a bidder does not bid on tankwagon/bobtail deliveries will their bid still be considered? A. Please refer back to Section 1.4 29. Q. Will orders be placed to be split between multiple sites in a single delivery? A. Yes, this is a possibility. Typically the split does not cross entities, but does happen within the same entity. For example, you may be asked to delivery to two locations for the City of College Station out the same load, but not delivery to City of College Station and then Texas A&M University. IWFP Ref=nw C0;in 1VJ1FY Mein 19-M4Annual Fud Cwftd%A67endum 2dz vol. ,l pg. 73. Page 5 of 8 30. Q. Will a firm fixed price be considered, If not, Why? A. Please see Question/Answer 21 31. Q. If we were to insert any conditions into our alternate firm fixed bid, would they be taken into consideration or rejected? Sample attached, please indicate which clauses would be acceptable and which clauses would be cause for rejection? A. At this time, we are unable to provide feedback on this request. Please submit all exceptions, terms and conditions and/or contract language with your proposal response. The evaluation team will review all proposals and determine the best value for each and all entities involved in this project. 32. Q. How long after the bid opening are we required to hold our firm pricing before the recommendation? A. Refer to Section 4.1 General 33. Q. On a firm bid we would like to have a name and contact number of someone that can inform us of the low bidders as soon as possible. A. During the RFP process, your point of contact is listed on the cover sheet of the request. Upon award, a point of contact will be given for each entity. 34. Q. Can we please get a copy of the previous bid tabulations? A. See Attachments 35. Q. What is the average size of delivery? A. City of Bryan — Full Transport always 8400-8800 gallons City of College Station — 4464 UL& 7059 DL for Transportation; 6006 UL & 2978 DL for Maintenance Texas A&M University — 7500 gallons of DSL; 8600 gallons of UNL Bryan ISD — See Question/Answer #1 BVSWMA, Inc. — Twin Oaks Compost; DL 1,337, Twin Oaks Landfill; UL 753, Twin Oaks Landfill; DL 7,522 36. Q. What is/are the delivery address(es)? A. See Section 1.3.2 37. Q. Do you typically order both products at one time? A. City of Bryan —Yes City of College Station — No Texas A&M University — Typically order both to be delivered on the same day Bryan ISD — Normally will order unleaded each week and diesel bi-monthly BVSWMA, Inc. — No MAM Rdermee Ceye512 IMFP Main 19-=4Annud Fud Cor&adVdderd=2dan Vol. Pg. Page 6 of 8 38. Q. Do you typically order more than 1 location at a time? (Split delivery) A. City of Bryan — No Brazos County — No; unable to take split loads BVSWMA, Inc. - No City of College Station — No Texas A&M University — No Bryan ISD - No 39. Q. Do you own the current tanks? A. Yes 40. Q. Can we please get a copy of a current invoice with backup provided by your current supplier? A. See Question/Answer 5 41. Q. Are you currently an OPIS subscriber? A. No 42. Q. On the City of College Station attachment is states on page 16 the exhibits listed, but on the next 2 pages they are blank, are we missing attachments or is that where you would like us to insert our information? A. At this time, the attachment for the City of College Station is for information purposes only. The award vendor(s) will be required to execute this document. It does not need to be completed for your proposal response. 43. Q. What OPIS index shall we use for B20 as there is no OPIS index for B20 out of Hearne, TX? A. Respondent shall indicate in their response what OPIS index has been utilized. 44. Q. Are the Texas A&M and City of College Station contracts separate? A. Yes 45. Q Can vendors submit a differential for each product by site? A. Yes; insure the information provided is clear 46. Q. Do all entities want to be priced off of Hearne OPIS? A. Refer back to Section 8 Pricing; we are seeking the best pricing solution. We have utilized Hearne OPIS in the past, but are open to all options. 47. Q. Do you want vendors to price off of the Gross Contract Average? If not, what OPIS positing? A. See Question/Answer 46; insure all information is clear what is being offered IMP Rderen o Co{1es17019RFP Main 19WMAnnual Fud CantratlNdCendan 2Ex Vol Page 7 of 8 48. Q. If one vendor offers a price off of the OPIS low and another offers a price off of the OPIS average, how will you determine who the lower bidder is? A. Refer to Section 9; all proposals will be scored on the evaluation criteria indicated. Price is not only the deciding factor. 49. Q. If the vendors gets to pick the OPIS city, how will you evaluate the differentials that are based off different cities? A. Refer to Question/Answer 48. 50. Q. Can vendors only bid on deliveries made via transport? A. Refer to Section 1.4; Respondents are encouraged to provide all options available. 51. Q. Please provide estimated usage by site A. Refer to Section 1.3.3; Annual usage is provided per entity 52. Q. Please provide average delivery size for all products at each site. A. City of Bryan: Typical split DL/UL 4400/4000 or 5000/3400 either product may be the higher or lower Brazos County — takes full loads of unleaded and diesel at a time City of College Station — 7000 gallons (see question/answer #35) Texas A&M University — 7500 gallons for DSL; 8600 gallons for UNL Bryan ISD — See Question/Answer #1 BVSWMA, Inc — Twin Oaks Compost DL 1337 gallons, Twin Oaks Landfill UL 753, Twin Oaks Landfill DL 7522 53. Q. Can vendors quote assuming full transport deliveries and line items minimum freight if less than a full load is ordered? A. Refer to Section 1.4; Respondents are encourage to provide all options available. 54. Q. Can vendors quote assuming the stated transport loads and line items minimum freight is less than those gallons are ordered? A. Refer to Section 1.4; Respondents are encouraged to provide all options available. 55. Q. Is "bio -diesel", range of B20, soybean additive, transport truck delivery of 6,500 gallons" asking for a B20 quote? A. Texas A&M University used B20 BVSWMA - NA 56. Q. How do you want vendors to price B20? A. See Question/Answer 21 1AW Reference Cap1ea17UIORR Main 1600 4A—B1 Fud CoMadWkndrtn Zdw Vol. 30 �� Pg; Page 8 of 8 57. Q. Are you requesting a price for a soybean additive or a bio additive? A. City of Bryan — NA City of College Station — No Bryan ISD — No Texas A&M University — No BVSWMA, Inc - NA 58. Q. Do you have a pricing page where vendors submit their differentials or are they to create their own? A. See Question/Answer 21 59. Q. Please provide bid tabulations from the last time this was bid. A. See attachment 60. Q. Is meeting the HUB goal a requirement to be awarded the contract? A. No; All vendors must submit a HUB Subcontracting Plan and your plan must be approved. Responses that do not include a HUB Subcontracting Plan or if the plan submitted is not approved will be disqualified and therefore not be scored or considered. 61. Q. Are the renewals based on mutual agreement? A. Yes Please acknowledge receipt of the addendum by signing and returning with your proposal. Sincerely, Patty Winkler, C.P.M. Assistant Director Company Name Authorized Signature Date I'RFP Refs CopleeWIMFP Main 19-MAnnuW Fud CanVad%ddendiml Zdoc Model Certificate P CERTIFICATE OF STATE USE (To support vendor's claim for credit or payment under section 6427 of the Internal Revenue Code.) Fikes Wholesale Inc. P.O. Box 1287 Temple, Texas 76503-1287 Name, Address, and Employer Identification Number of Vendor The undersigned buyer ("Buyer') hereby certifies the following under penalties of perjury: A. Buyer will use the diesel fuel or kerosene to which this certificate relates for the exclusive use of a state or local government, or the District of Columbia. B. This certificate applies to the following (complete as applicable): If this is a single purchase certificate, check here ❑ and enter: a. Invoice or delivery ticket number N/A b. Number of gallons N/A 2. If this is a certificate covering all purchases under a specified account or order number, check here ❑ and enter: a. Effective date September 1, 2019 b. Expiration date August 31, 2019 (period not to exceed 1 year after effective date) c. Buyer's account or order dumber 12320 • Buyer will provide anew certificate to the vendor if any information in this certificate changes. • If Buyer uses the diesel fuel or kerosene to which this certificate relates for a purpose other than stated in the certificate, Buyer will be liable for any tax. • Buyer acknowledges that it hasn't and won't claim any creditor payment for the diesel fuel or kerosene to which this certificate relates. • Buyer understands that the fraudulent use of this certificate may subject Buyer and all parties making such fraudulent use ofs certificate to a fine or imprisonment, or both, together with the costs of prosecution. 1 •a.�.. •�Ae • S Printed or typed name of person signing Title of person signing Name of Buyer Signature ano care signea Page 54 Chapter 18 Appendix Model Certificate M CERTIFICATE FOR STATE USE.OR NONPROFIT EDUCATIONAL ORGANIZATION USE vendor's claim for a creditor payment under §.6416(a)(4) of the Internal Revenue -Code.) P.O. Box 1287 Temple, Texas 76503-1287 Name; address, and employer Identification number of ultimate vendor The undersigned ultimate purchaser'("Buyer'') hereby certifies the following under the penalties of perjury: Buyer will use the gasoline or aviation gasoline to which this certificate relates (check one): X For the exclusive use of a state or local, government; or For the exclusive use of•a nonprofit educational organization. This certificate applies to thetollowing (complete as applicable): _ This is a single -purchase certificate: 1. N/A Invoice or delivery ticket number 2. N/ANumber•of gallons X This is a certificate covering all purchases under a specified account or order number: 1. Effective date 09/01/2019 2. Expiration dat�erpod not to exceed 1 year after the effective date) '3. Buyer's account number 12320 Buyer will provide.a new certificate to the vendor if any'information in this certificate dhanggs. Buyer understands that.by signing this certificate, Buyer gives -up its rightto claim'any creditor payment for 'the gasoline or aviation gasoline to.wtiich this certificate relates. Buyer acknowledges that it hasn't.and won't ciaim-anycredit or payment for the gasoline or aviation gasoline to which this certificate relates. Buyer understands that the fraudulent use of this certificate may subject Buyer and -all parties making such �fraudulent us f this certificate to a fine or imprisonment, or both, together with the costs of•prosecution. ,D Printed or typed name of �erson signing � of person signing `r' s. Name of Buve Employer Identificatiod'number signed voi. 301 pg. `�79 Chapter 18 App6ndix Page 51 THE STATE OF TEXAS § COUNTY OF BRAZOS § This contract made and entered into this the I IL day of September, 2019, by and between TEXAS VOTING SYSTEMS, INC., a Texas Corporation, BRAZOS COUNTY and the BRAZOS COUNTY ELECTION ADMINISTRATOR, as Contracting Officer for the CITY OF BRYAN, CITY OF COLLEGE STATION, and the BRAZOS COUNTY MUD NO 1. WITNESSETH: Whereas, Texas Voting Systems, Inc. is the business of selling election services and supplies; and Whereas, BRAZOS COUNTY and the BRAZOS COUNTY ELECTION ADMINISTRATOR is desirous of employing the services of TEXAS VOTING SYSTEMS, INC. in connection with the BRAZOS COUNTY SPECIAL, CITY OF BRYAN MUNICIPAL GENERAL, CITY OF COLLEGE STATION MUNICIPAL GENERAL, and the BRAZOS COUNTY MUD NO. 1 To be held on November 5, 2019 in Brazos County, Texas; Now, Therefore, in consideration of the premises and mutual promises and obligations herein set forth, it is agreed that: TEXAS VOTING SYSTEMS, INC. will provide the following supplies: (a) Thirty-three (33) custom gathered election sets (26 for Election Day, 5 for Early Vote, I for Early Voting Ballot Board and 1 for Central Counting). (b) Two thousand (2,000) sample ballots (c) All required numbered seals for touches and controllers (d) Vote center supply packs (pens, tape, paper clips, tacks, and highlighters ) as required II TEXAS VOTING SYSTEMS, INC. will provide the following services: (a) Pre -define voting equipment (242 Touches, 27 Controllers for Election Day, 48 Touches, 5 Controllers for Early Vote, 2 Touches, 2 Controllers for Public Test) (b) Transport and set up equipment at 5 Early Voting locations, tear down and pick up equipment and return to warehouse (c) Transport equipment to 21 vote centers and return to the warehouse after the election (5 vote centers are to be picked up and returned by the election judges.) (d) Back up of the equipment after the election (e) Provide assistance on Election Day as required to include Central Counting (f) Provide consulting services before and after the election Voi. 2)o I Pg. (?)C) III The BRAZOS COUNTY ELECTION ADMINISTRATOR, shall be responsible for and hereby assumes the following duties and obligations in regard to the BRAZOS COUNTY SPECIAL, CITY OF BRYAN MUNICIPAL, CITY OF COLLEGE STATION MUNICIPAL GENERAL,, and the BRAZOS COUNTY MUD NO. 1 ELECTIONS to be held on November 5, 2019: (a) Payment of Election Judges and Clerks (b) Payment of Central Counting staff, Early Voting Ballot Board, and Signature Verification Committee (c) Furnish Texas Voting Systems, Inc. a complete list of all candidates for all races and all propositions to be considered in the above mentioned election (d) All reports, expense accounts, canvass of the election, conduct of the election at the individual polling places and any other statutory requirements as required by the Texas Election Code and/or the Federal Voting Rights Act. (e) Payment of the TEXAS VOTING SYSTEMS, INC. contract IV The consideration to be paid by BRAZOS COUNTY to TEXAS VOTING SYSTEMS, INC. for services rendered and supplies provided by said corporation for the BRAZOS COUNTY SPECIAL, CITY OF BRYAN MUNICIPAL GENERAL, CITY OF COLLEGE STATION MUNICIPAL GENERAL, and the BRAZOS COUNTY MUD No 1 ECTIONS to be held on November 5, 2019 is THIRTY-FIVE THOUSAND DOLLARS AND NO CENTS ($35,000.00) APPROVED by BRAZOS COUNTY this day of September, 2019. . Du -ane Peters County Judge Trudy R. H cock Election Administrator 'R —//, WT. "Bill" Sims Vice President, Texas Voting Systems, Inc. EMTC Cont/Gen Elc 11/05/19 con � I Vol. OI ego TEE STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, the undersigned Notary Public in and for said County and State, on this day personally appeared W. C. "Bill" Sims, known to be to be the person and officer whose name is subscribed tot he foregoing instrument and acknowledged to me the same was the act of the said Texas Voting Systems, Inc., a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated., GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the j day of Z29?1'� gublieZin and for Brazos County, Texas ``"110� JUDY P. ONDRASEK n": Notary Public, State of Texas =`A`• Q� Comm. Expires 11-09-2020 %0'F 0 f}C alit Notary ID 125112796 EMY C.TVS Cont/Gen Elo 11/05/19 con ^ Pg Vol. . l-•"-^-^S^-sem'.'^. " Y" r � f 1 SOLE SOURCE I SINGLE.SOURCE MO SUBSTITUTE JUSTIFICATION Complete'this form and submit to'Purchasing for Sole Source purchase's over $1000.00 REQUISITION # ITEM(S) Election Services 35I COST $ 1. Check the category most applicable to your requirement: QSole Source. (No other known source or the only source meeting specifications.) []Single Source. (Only the designated Supplier is acceptable due to territories, others may exist:) Other. Please Explain 11. Check the.description(s) most applicableto your requirement: In/ has tharacteris6ps 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 LGC 262 Other: 1111. Defining item I Supplier. uniqueness: X What are the minimum use requirements (e.& operating specs, dimensions; tolerances; accuracy; purity; reliabiliy; useful life, etc:)? Election services for one election. B. How are these requirements critical to your needs? Warehouse, pre -define, deliver and set up election equipment: O What other suppliers were considered and why were they rejected? (Brand names and suppliers should he specified.) There are no other suppliers. D. Why is this:make, model, service, or supplier the only one acceptable? Reason Must be trained on how to set up and disassemble the voting equipment. Prepared By: JIJADate; C (Departmen ersonnel) Approved By: Date: (Department Hea r Elected Official) By: Date- Managed Document Services Agreement Xe iOX "ABusiness Solutions Southwest sesddedorcn•l-hp f•meoreoe& CUM— e: contr+ - 0irsboin2'tYo? � — � � I's ITons . ser,do0Loo jair;'t3Nlultlpiele®tiarri(laitm�loe 'intro: Name: BRAZOS COUNTY Nemec BRAZOS COUNTY . Address: Address: 200 S. AtVyEENUE. SUITE 352 c1tvAtateft/�u� eTEEX�ASS BRYAN 7X.77803 BRAZOS COUNTY Contact: phone: Confect: Phone: CELINA PATINO 978,7614492 Homoloperatton: Email address: Ernalladdraw, CPATTNO@BRAZOSCOUNIYTX.GOV . 'seam torhrdudeid Dunt -' SPECIALiWHUCfIONS: roa�r�ttGttaaoxrlvuor�tspstoaozeo Waruuuter� artr.ov�cFs owuttsa�r,atmos,Faorosuo�a�suaseurartmunr�een�rrao�sm .=PROGRAM: lndvOes all se'rvtce and %upplks; paper dqd staples are excluded. " Rata.Pools O ceA3 Included Pages overage oro�1 a Included Pages Overage Deaktop included Pages Overage 1051 &WfmltedPro �am(A.9W 4) o h untlmftede&W Aorunits (UBW) Prod etlbe P tris Color B&W Allowwwo Overage B&W (PBW) Allowance Overage [PC) ColorAllowance Ovesge Specialty Flnlshing(5F( VQiumed ee Ngf(HMR' B&WAllowanee 230,315 overage 0.006 ColorAllowence 16,725 overage 0.04 IMPS B&WAllowenee evarap ColorAllowanca Ovarop . pope QOPO B&WAllewmrce orera$e . ColorMowance Overage Term: "voa Monthly5exIce Rate: PROGRAM MOMHLY BASE: 17 Included In LeaseAgreement El Billable Monthly $2,044.00 oil customer slauture: ! ' umt Manager. . Wal, �: _.:.:...-- i -4> c �. • f;----t7n:dltApprowlStynaturar rites fritenraiAuN:ertretton: Title: ate L3 fS V � o1:IRMSMEDUIE v 1 I SEE DEVICE LIST PAGE 2 1 1 1 1 A Vol.'• r --a: TBT i�is .a!;1a V,!• - - .C.14 p AMMU S 1 ' �.Pc. '. ■AMTS - lore= �V.�."L.M. �L'' '!i\:x•.1..:::'3.=�:-it+`1T t.. •: Rf1N ..fir �. /tet . 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RiWD!-7AE f0a 7ifd ■SfO �[ AITAWR W nor :. a01i5/64 T9� .. 1RILNlDICAf .. .... 105 vwnlgd .. nulaenmseAWTAslAnUr wlvilmc WIAaHIfUr SOA419f• 07Mi►AAL[PCif IWIMRS"MUSELII AA2M5Tg ZM STATM O . fld4f • 7XR' A[7A[OdCADs6OlWUUTiIYR .9iF1�3ofi[O IfmMYW2 ` •17AN 'Ts 7t1d1 s;�� w y� lh ra, os County Purchasm ]department '200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 3614290 FAX (979) 361-4293 September 24, 2019 US Corrections LLC PO Box 171078 Nashville, TN 37217 Re: Renewal of Conwacl #20-065R,for Prisoner Tivrnspori Services for Braaos Conniy. Brazos County appreciates the quality work your company has provided. and would. like to exercise the renewal option for.Poitioner Transpoi-r Services 20-065R, previously knonin as 1.9423. This renewal is being`renewed under. the...'amended Court Or4erNo: 201.9-782-09-16 with Collin County. Contract.# 2017-223: All states will remain at current pricing with the exception of elle fol lowing- states: Washington, Idaho, Montana, Oregon,. Wyoming, Nebraska, Nlaine,.North Dakota, Hawaii, South Dalcota,. and Alaslca. This renewal term will be for oneyear from October 1, 2019 to September 30, 2020. All other terms and conditions roniain in effect: To accept the renewal option, please fill out the information acid sign below. Return the signed documenis by email to hnancss@brazoscountytx.gov or fax to (979) 361-4293: Please then submit an updated Certificate of Insurance by email or 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: Dave Warden III Title: Sales & Marketing Manager E-Mail:.dwarden@p.risonertransport.net Telephone: -6.16-352-9798 ext. 156 US 09/18/2019 Date BR S UNT 9 Duane .Pe ers,'County Judge Date Vol. 301 P g '1 aoUNTY Change Order } � e., r Vendor: US Corrections, LLC 155720 Brixham Hill Avenue Suite 300 Charlotte, NC 28277 Office of the Purchasing Agent Collin County Administration Building One 2300 Bloomdale Rd, Ste 3160 McKinney, TX 75071 972-548-4165 Effective Date 10/1/2019 Contract No. 2017-223 Contract Services: Prisoner Transport Awarded by Court Order No.: 2017-1021-12-18 Amendment 1 Court Order No.:�� YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT 1. Renew contract for the period October 1, 2019 through September 30, 2020, 2. All states will remain at current pricing with the exception of the following states: Washington Idaho Montana Oregon Wyoming Nebraska Maine North Dakota Hawaii South Dakota Alaska For the states listed above, US Corrections, LLC will provide an individual quote for pickups. Quote will include actual costs for airline, hotel, rental car, and meals plus $650 per day. Collin County Will approve or deny quotes. Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both. parties. ACCEPTED BY. Joel Brasfield (Print Name) US Corrections, LLC ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY COMMISSIONERS' COURT Collin County Administration Building 2300 Bloomdale Rd, Ste 316 M n ,,Texas 75071 f Michaly"alns, CPJ60; ; CPPB Purchasing Agent DATE: r Vol. -76 3o P9. ``Zd7 PRISONER TRANSPORT SERVICES: CONTRACT BRAZOS COUNTY .PURCHASING DEPT. 200 S. Texas.Ave., Ste: 352 Contract No. 19-123 Bryan, Texas 77803 Page 1 of 10 Pages Telephone (979) 361-4294 GENERAL REOUIREMENT FOR CONTRACT I, Joel Brasfield as a duly authorized .reptesahtative of U8 Corrections LLC "Vendor" willingly attest to perforin (or deliver) as .per Rxhibit A, WB 2017-223 with Collin County, for Brazos County..I further agree to allof the provisions and.speaifications contained it tills contract. AUTHORIZATION Authorization is given to Brazos County to use IF.B 2017-223 with Collin County for Prisoner Transport services, under the Authorization letter from U.S. Corrections, .LLC and the inter -local agreement between .Brazos County. and Collin County. ENTIRE CONTRACT .Collin County 1FB 2017-223 is hereby incorporated into this contract. This contract may only be amended by written instrument approved and executed by the -parties. TERM: The term of'this contract, will be from date of approval -iii Commissioner's Court to September.30, 2019. With the option to renew with two (2) additional one (1) year periods per the Collin County. Contract. CONTRACT RENEWALS Renewals may be made :ONLY by written mutual agreement between Brazos County and the. vendor pending. renewal of the Master ContNct, IFB 2017-223 with'Collin County. ASSIGNMENT The successful offeror itiay not assign, sell or otherwise transfer this contract vvithout written permission of Brazos County Coirunissioners 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. CONTRACTORS RESPONSIBILITY It is,the contractor's sole responsibility to print- and review all' pages of the contract documents and attachments, The Certification of Bid Form must be completed to include full firm name,"mailing address, telephone number;. email address, Vendor Tax Identification number and signed by an authorized representative of the frm. Failure to complete the submission of all required forms, including but not limited to the Reference Page; House Bill 89 & Debarment Verification form, Questionnaires (when applicable),. Addenda (including,revised forms), and any other specified forms or Vol. gig• �8 tiRAZOS COUNTY, U, XAS Contract No. 19-123 Pop 2 of 10 Pages documents may be grounds for cancellation of. cotitract. Contractor agrees to provide Brazos County the "Certificate of interested Parties", Form 1295 .as required, pending award, renewal, amended or extended contract. Visit littps://Ctliics.state.tk...us/wiiatsnew/elf info_foiin 1295.htm for more information. In the event of;! needed change in the specifications sent to the bidder, it.is-understood that all the foregoing terms shall apply to the addendum .or addenda. 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 .CountyOr the offerors. Department heads are NOT authorized to sign contracts for Brazos County. Binding contracts shall remain in effect until all products anal/or 'sdrvices covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES .Brazos County does not guarantee to .purchase any minimum quantities or services other than those listed on a purchase order.. Brazos County will not be responsible for any orders placed without a valid purchase order'number. HOLD HARMLESS AGREEMENT Vendor, the successful offeror, shall' indemnify and hold Brazos County harmless fl•om all claims for personal injury, death and/or property damage resulting directly from Vendor's performance. Vendor 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 Vendor'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. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as 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 Vendor's cost. in providing'the services anticipated by this contract such change may be treated. as .a now facility and the procedures provided for in this section may be followed in determining an appropriate price. INVOICES & PAYMENTS Vendor shall not perform any services for Brazos County without a purchase order. Payments to vendors will not be made if the vendor cannot produce a Brazos County Purchase Order. Vendor shall submit an original. invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices inust. be itemized. Any invoice, which :cannot be verified by the contract price and/or is otherwise..incorxect, shall be corrected by the Vendor. Brazos County will only be required to pay for mAterials actually received and/or services. actually provided. Brazos County shall not be required to pay for materials or services described. in the contract that are not used or provided by the vendor in completion of the contract. This term supersedes any contradicting terms throughout the contract and/or any attachments. When multiple deliveries and/or services are required, the vendor may invoice following each delivery or performance of service and Brazos County will pay- oil ayon invoice with in thirty (30) days upon receipt of invoice.. Contracts providing for a monthly charge Vol. �_ Pg -__b_9 BRAZOS COUNTY, TEXAS Contract No. 19-123 Page 3 of 10 Pages will be billed and paid on a monthly basis only. The vendor 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 vendor 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 Exhibit A. 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 Vendor and included in tlie 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 unitpri:cirig 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 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 oontiact and any other terms, conditions, provisions, and specifications provided by the Vendor, the terms of this contract shall supersede, GOVERNING LAW AND VENUE This service.contract is governed by the laws of the State of Texas, specifically; the competitive bidding requirements of the County .Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws. and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County mazy 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 tlhe 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 filed 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. Venue shall lie exclusively in .Brazos County, Texas, notwithstanding anything to the:contrary. DISQUALIFICATION OF OFFEROR E i.ori � Pg, -So BRAZOS COUNTY, TEXAS Contract No. 19-123 Page 4 of 10 Pages 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. Requests to withdraw a submitted bid -or proposal are subject to the approval of the Purchasing Agent, SEVERABILITY If 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 funishiiig these items shall be experienced in design and construction of such 'items and shall bean 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. COMPLIANCE WITH THE PRISON .RAPE ELIMINATION ACT The County Detention. Center as an operation of the Brazos County Office of Sheriff (BCOS)will comply with the Prison Rape .Elimination Act (PREA). The Detention Center has a Zero Tolerance Policy regarding sexual abuse and -sexual harassment. The Detention Center will conduct a background investigation on all employees, volunteers, students or other contractors that may .have contact with inmates. Background checks will be conducted as least every five (5) years. The. BCOS shall ensure that all volunteers and contractors who have contact with inmates have been trained. on their responsibilities under the agency's sexual abuse and sexual harassment prevention, detection, and response policies and procedures.. Any contractor or volunteer who engages in sexual abuse is prohibited fiom contact with inmates and shall be reported to law enforcement agencies and to relevant licensing bodies, unless the activity was.clearly'not criminal. The facility will take appropriate remedial measures and prohibit. further contact with inmates in the case of violation of sexual abuse or sexual 5 � � BRAZOS COUNTY, TEXAS Contract No. 19-123 Page 5 of D Pages harassment policies. The -County has; an affirmative duty to disclose -any misconduct in violation of the sexual abuse and sexual harassment policy. Material omissions regarding such misconduct, or the provision of materially false information are grounds for terminatimi of this agreement. POLICY REQUIREMENTS FOR CERTII+ICATE OF INSURANCE VENDOR'S INSURANCE The Vendor(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 state of'Tex-as, showing that the Vendor is covered.by the insurance as follows: (1) Commercial General Liability insurance including but not limited to the coverage indicated below. Coverage slialI not exclude or limit Products/Completed Operations, Contractual Liability, or Cross Liability. Coverage must'bewritten on. occurrence form. • Each Occurrence: $1,000,000 • Personal Injury & Adv. Injury: $1,000,000 • :Products/Completed Operation Aggregate: $2,000,000 • General Aggregate: $2,000,000 (2) Workers Coinpensation insurance as required by the laws of Texas, and Employers' Liability. Employers' Liability • Liability, Each. Accident: $500,0;00 • Disease -Each :Employee: $500,0010 • Disease —.Policy Limit: $500;000 (3.) Commercial Automobile Liability insurance which includes any automobile. (owned, non - owned, and hired vehicles) used in connection with the contract. • Combined Single: Limit— Each Accident: $1,500,000 if operating vehicles with a seating capacity of 15 or less; or • Combined Single Limit — Each Accident $5,000,000 if operating vehicles over seating capacity of 15 With reference to the -foregoing insurance requirement, the vendor shall endorse applicable insurance policies as -follows: • A waiver of subrogation in favor of Brazos County, its off.cials, employees, volunteers and officers shall be provided-foi• General Liability,.Conlmera'ial Automobile Liability; and Workers' Compensation. • The vendor's insurance coverage-shalI name Brazos County as additional insured under the General Liability policy. • All insurance'policies shall be endorsed to.r"etluire the insurer to immediately notify Brazos County of any decrease in the. insurance coverage limits. Vol. ��o � Pg. 9a BRAZOS COUNTY, TEXAS Contract .No. 19-123 Page G of 10 Pages • All in&irance policies shall. be endorsed to the effect that .Brazos County will receive at least thirty (30) day's notice prior to cancellation, non -renewal or termination of the policy. • All copies of Certificates of Insurance shall reference the project/contract number. • All insurance shall be purchased from an insurance company that meets the following requirements: o A financial rating of A -VII or higher as assigned by the BEST Rating Company or equivalent. • Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain provisions representing and warranting the following: o Sets forth all endorsements and insurance coverages according to requirements and instructions contained herein. o Sets forth the notice of cancellation ortermination 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 property; disclaimers and limitations of warranties;. disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; grantipg. contro.l of Iitigation 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 the extent authorized bythe 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 Vendor .including health, property,, motor vehicle, workers' compensation, disability, death, and -dismemberment insurance: for the Vendor'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 Vendor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of it 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 uiider any theory of law for the actions of the Vendor in providing services *hereunder. 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 Comity, Texas Vol. 3o I Pg. G 3 I Contract No: 19-123 BRAZOS COUNTY, TCXAS Page? of 10 Pages Duane Peters, Brazos County Judge 20.0 South Texas Avenue, Suite -332 Bryan, Texas 77803 VENDOR: Contact Name: Phone Number: USCorr1Gons LLC US Corrections LLC 615-352-9798 PO Box 171078 Nashville TN 37,217 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 xpressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions and renewals 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 tern! or condition or subsequent waiver of.the same term or condition. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Vendor shall be retained and made available by the Vendor for audit ` by Brazos County, it 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 df the United States Government. Such records shall be returned by Vendor and made:.available for ally time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Vendor 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 records, the Vendor shall retain srrch records.until the.audit. is concluded and all issues resolved.. Vendor.sh.all provide Brazos County with copies of such audits that be conducted with respect to the contract. AUDIT RESPONSIBILTY The Vendor 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 Vendor shall repay -to Brazos County the full .amount received for. duplicate billings, erroneous billings, false or deceptive claims. The Vendor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriatc.method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. INDEMNIFICATION The Vendor shall -defend, indemnify and save harmless .Brazos County arid.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 persoh Vol. L.L=z� �9•�-- BRAZOS COUNTY, TEXAS Contract No. 19=123 Page 8 -or 10 Pages. or persons or property; by or from the said Vendor 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 Vendor 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: Vendor shall defend, 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 vendor, its officers, agents or employees. HOUSE BILL.89 & OEBARME, NT VERIFI.CATION Fvoi. —3-01-- pg.--q5l- =Pg--'�� BRAZOS COUNTY, TEXAS Contract No. .19-123 Page 9 of 10 Pages Brazos Country is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 1.3224, 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) Iist. 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 .ot.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 .governments terrorism watch list as described in. Executive Order 13224. Entities. ineligible for.federal. procurement are listed at https://,�vww.sani.gov. The undersigned affirms the non -debarment statement above, that they are duly authorize( execute this contract. The company representative below further affirms that the company submitting this proposal, under the provisions of Subtitle F, Title 10, and Government Code Chapter 2270: t. Does not boycott .Israel currently; and 2. Will notboycottlsrael during the term of tlle,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 ofthose entities or business associations -that exist to make a profit. Company Name: US Corrections LLC Authorized CRmpany Representative: Joel Brasfield Address: PO Pqx 11P V- 3i, Nas,�iv'ille%fYN 37.217 Signature Date:.04/2+?/2T9 J Contract.#:19-123 CERTIMCATI.ON lQ vol. �l pg. q 3 BRA'ZOS COUNTY, TEXAS Contract No. 19-123 Page 10 of 10. Pages The undersigned further affirms -the non -debarment, statement above, that they are duly - authorized execAe thMbntyasct. 1 4 Signed By: e ±a yr (z Title: President & General Counsel Typed Name: /Joel Brasfie, tl Company Name: US Corrections. LLC Phone No. 615-352-979.8' Email Address: lbrasfield@prisonertransport.net Mailing Address: PO Box, 171078 Nashville IN 37189 P. 0. Box or Street City State Zip Employer Identification Number: 823201264 Social Security Number: NIA Ap rove by Co ;.issiooers" Court on this day of 2019 by Holding the position of. a_O v COLLIN COUNTY Services, Prisoner Transport IFB No. 2017-223 Sara Hoglund, CPPB Jack Hatchell Administration Building 2300 Bloomdale Road, Ste. 3160 McKinney, TX 75071 (P) 972-548-4104 (F) 972-548-4694 shoglund@collincountytx.gov Collin County exclusively uses IonWave Technologies, Inc. (Collin County eBid) for the notification and dissemination of all solicitations. The receipt of solicitations through any other means may result in your receipt of incomplete specifications and/or addendums which could ultimately render your bid/proposal non-compliant. Collin County accepts no responsibility for the receipt and/or notification of solicitations through any other means. LEGAL NOTICE By order of the Commissioners' Court of Collin County, Texas, bids will be received by the County Purchasing Agent until 2:00 P.M., Thursday, August 10, 2017 for competitive bids on Services: Prisoner Transport (IFB 2017-223). Bidders should use unit pricing. Bidders may secure copies of the Bidding Documents at https:Hcollincountytx.ionwave.net . Bids will be opened by the Purchasing Agent in the Purchasing Conference Room, Collin County Administration Building, 2300 Bloomdale Road, Suite 3160, McKinney TX, 75071 on Thursday, August 10, 2017 at 2:00 P.M. The Commissioners' Court reserves the right to reject any and all bids. ATTENTION: CLASSIFIEDS BILL TO: ACCOUNT NO 06100315-000 COMMISSIONERS' COURT NOTICE TO PUBLISHERS: Please publish in your issue on Thursday, July 27, 2017 and Thursday, August 3, 2017. A copy of this notice and the publisher's affidavit must accompany the invoice when presented for payment. NEWSPAPER: Plano Star Courier July 25, 2017 vol. dol pg.q9 _ Bid Information Bid Owner Sara Hoglund, CPPB Buyeril Email shoglund(dco.collin.tx.us Phone (972) 5484104 Fax (972) 548 4694 Bid Number 2017-223 Title Services, Prisoner Transport Bid Type IFB Issue Date 07/25/2017 Close Date 8/10/2017 02:00:00 PM (CT) Collin County, Texas Contact Information Address 2300 Bloomdale Rd. Supplier Information Supplier Notes Company Name Contact Name Address Ship to Information Address 4300 Community Ave. McKinney, TX 75071 Contact Department Sheriffs Office Building Sheriffs Office Floor/Room Telephone Fax Email Telephone Fax Email The undersigned hereby certifies the foregoing bid submitted by the company listed below hereinafter called "bidder' is the duly authorized agent of said company and the person signing said bid has been duly authorized to execute same. Bidder affirms that they are duly authorized to execute this contract; this company; corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder or other person or persons engaged in the same line of business; and that the contents of this bid as to prices, terms and conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business priorto the official opening of this bid. Signature Date I / Bid Notes Bid Activities Bid Messages Bid Attachments The following attachments are associated with this opportunity and will need to be retrieved separately Ste. 3160 Rename McKinney, TX 75071 Contact Sara Hoglund, CPPB Asst. Purchasing Agent Department Purchasing Building Admin. Building Floor/Roam Ste.3160 Telephone (972)5484104 Fax (972)5484694 Email shoglund@co.collin.tx.us Supplier Information Supplier Notes Company Name Contact Name Address Ship to Information Address 4300 Community Ave. McKinney, TX 75071 Contact Department Sheriffs Office Building Sheriffs Office Floor/Room Telephone Fax Email Telephone Fax Email The undersigned hereby certifies the foregoing bid submitted by the company listed below hereinafter called "bidder' is the duly authorized agent of said company and the person signing said bid has been duly authorized to execute same. Bidder affirms that they are duly authorized to execute this contract; this company; corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder or other person or persons engaged in the same line of business; and that the contents of this bid as to prices, terms and conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business priorto the official opening of this bid. Signature Date I / Bid Notes Bid Activities Bid Messages Bid Attachments The following attachments are associated with this opportunity and will need to be retrieved separately # Rename Description Header Legal Notice 2017-223.doc Legal Notice Header General Instructions_Bid.docx General Instructions Bid Header Terms of Contract B(d.docx Terms of Contract - Bid Header Insurance updated.doc Insurance 2017-223 - Page 1 of 6 Vol. pg. X00 Date Name Description 911/2017 05:00:00 PM Intent to Bid (CT) Bid Messages Bid Attributes Please review the following and respond where necessary # Name Note Response 1 Delivery Delivery will be F.O.B. inside delivery at Collin County N/A, Services Contract - Prisoners designated locations and all transportation charges are to will be delivered within 10 -days of be paid by the supplier to destination. Please state pickup per RFP specifications delivery in calendar days from date of order. 2 Exceptions Da you take exceptions to the specifications. If so, by Yes separate attachment, please state your exceptions. 3 Insurance I understand that the Insurance requirements of this DW solicitation are required and a certificate of insurance shall be submitted to the Purchasing department if I am awarded all or a portion of the resulting contract. Please Initial. 4 Subcontractors State the business name of all subcontractors and the Subcontractors will NOT be utilized. type of work they will be performing under this contract. If you are fully qualified to self -perform the enfire contract, please respond with "Not Applicable -Self Perform". 5 Reference No. 2 List a company or governmental agency where these Wisconsin Department of same/like products /services, as stated herein, have been Corrections provided. Include the following: Company/Entity, Contact, 3099 East Washington Ave Address, City/State2lp, Phone, and E -Mail. Madison, WI 53707 POC: Linda Lembke, linda.limbke@wisconsin.gov, 608-240-5332 6 Reference No. 3 List a company or governmental agency where these Sarasota County Sheriffs Office same/like products /services, as stated herein, have been 2071 Ringling Blvd. provided. Include the following: Company/Entity, Contact, Sarasota, FL 34237 Address, City/State/Zip, Phone, and E -Mail. POC: Peter Oxboel, poxboel@scgov.net, 941-861-4108 7 Cooperative Contracts As permitted under Title 8, Chapter 271, Subchapter F, Yes Section 271.101 and 271.102 V.T.C.A. and Title 7, Chapter 791, Subchapter C, Section 791.025, V.T.C.A., other local governmental entities may wish to also participate under the same terms and conditions contained in this contract. Each entity wishing to participate must enter into an inter -local agreement with Collin County and have prior authorization from vendor. If such participation is authorized, all purchase orders will be issued directly from and shipped directly to the local governmental entity requiring supplies/services. Collin County shall not be held responsible for any orders placed, deliveries made or payment for supplies/services ordered by these entities. Each entity reserves the right to determine their participation in this contract. Would bidder be willing to allow other local governmental entities to participate in this contract, if awarded, under the same terms and 2Q1- 23 - US Corrections LLC - Page 2 of 6 Vol. 3C) Pg. C conditions? 8 Preferential Treatment The County of Collin, as a governmental agency of the State of Texas, may not award a contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located (Government Code, Title 10, V.T.C,A., Chapter 2252, Subchapter A). 1, Is your principal place of business in the State of Texas? 2. If your principal place of business is not in Texas, in which State is your principal place of business? 3. If your principal place of business is not in Texas, does your state favor resident bidders (bidders in your state) by some dollar increment or percentage? 4. If your state favors resident bidders, state by what dollar amount or percentage. North Carolina Registered Entity. No preferential treatment in North Carolina to resident bidders. 9 Debarment Certification I certify that neither my company nor an owner or principal DW of my company has been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension," as described In the Federal Register and Rules and Regulations. Please initial. 10 Immigration and Reform Act I declare and affirm that my company Is in compliance with DW the Immigration and Reform Act of 1986 and all employees are legally eligible to work in the United Stales of America. I further understand and acknowledge that any non-compliance with the Immigration and Reform Act of 1986 at any time during the term of this contract will render the contract voidable by Collin County. Please Initial. 11 Disclosure of Certain Relaflonships 12 Anti -Collusion Statement Chapter 176 of the Texas Local Government Code DW requires that any vendor considering doing business with a local government entity disclose the vendor's affiliation or business relationship that might cause a conflict of interest with a local government entity. Subchapter 6 of the code requires a vendor to file a conflict of interest questionnaire (CIQ) if a conflict exists. By law this questionnaire must be filed with the records administrator of Collin County no later than the 7th business day after the date the vendor becomes aware of an event that requires the statement to be filed. A vendor commits an offense if the vendor knowingly violates the code. An offense under this section is a misdemeanor. By submitting a response to this request, the vendor represents that it is in compliance with the requirements of Chapter 176 of the Texas Local Government Code. Please send completed forms to the Collin County County Clerk's Office located at 2300 Bloomdale Rd., Suite 2104, McKinney, TX 75071. Please initial. Bidder certifies that Its Bid/Proposal Is made without prior DW understanding, agreement, or connection with any corporation, firm, or person submitting a Bid/Proposal for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in Agreement cancellation, return of materials or discontinuation of services and the possible removal from bidders list. Please initial. 017-223 - US Corrections LLC - Page 3 of 6 voi. 13 Notification Survey In order to better serve our offerors, the Collin County Collin County Website Purchasing Department is conducting the following survey. We appreciate your time and effort expended to submit your bid. Should you have any questions or require more information please call (972) 548-4165. How did you receive notice of this request? 14 Bidder Acknowledgement Bidder acknowledges, understands the specifications, any DW and all addenda, and agrees to the bid terms and conditions and can provide the minimum requirements stated herein. Bidder acknowledges they have read the document in its entirety, visited the site, performed investigations and verifications as deemed necessary, is familiar with local conditions under which work is to be performed and will be responsible for any and all errors in Bid submittal resulting from Bidder's failure to do so. Bidder acknowledges the prices submitted in this Bid have been carefully reviewed and are submitted as correct and final. If Bid is accepted, vendor further certifies and agrees to furnish any and all products upon which prices are extended at the price submitted, and upon conditions in the specifications of the Invitation for Bid. Please initial. 15 Minimum requirement - Confirm the following: Confirm that bidder shall provide transportation services in Yes, we confirm and will abide by compliance with the US Department of Transportation, all local, state, and Federal statutes, Federal Motor Carrier Safety Administration (FMCSA), the to include the USDOT, FMCSA, and US Department of Justice, and any other local, state and DOJ. federal laws and/or regulation. 16 Minimum Requirment - Confirm upload of Bidders are required to meet all requirements for limits -on Attached with submission. company snapshot continuous travel hours and miles as governed by the US Department of Transportation and must provide proof of Satisfactory Audit rating from the Federal Motor Carrier Safety Administration (FMCSA) with bid submittal. Provide FMSCA company snapshot at time of bid submittal. http://safer.fmcsa.dot.gov/CompanySn.apshot.aspx 17 Minimum Requirement - Submit Affidavit of Bidder shall provide with bid response an affidavit of Attached with submission. performance performance showing that a minimum of one thousand (1,000) prisoners were moved by bidder during the last twelve (12) months. 18 Minimum Requirement - Submit list of vehicles Provide list vehicles that are currently licensed and shall Attached with submission. that are currently licensed remain licensed at all times. These vehicles must be equipped with heat and air conditioning for the entire vehicle. These vehicles must be equipped with mobile communications, and be in good operating condition. 19 Provide Proof of Insurance Attached with submission. 2017- 3 - US Corrections LLC - Page 4 of 6 Vol. k Pg. 03 Line Items # Qty UOM Description Response 1 1 mile Intrastate Prisoner Transport Item Notes: Supplier Notes: Item Attributes: Please review the following and respond where necessary # Name Note Response 1 Do you have a minimum charge per Yes, $400.00 transport? If yes, state minimum charge. 2 1 mile Intrastate Prisoner Transport for each Additional Prisoner Item Notes: Supplier Notes: Item Attributes: Please review the following and respond where necessary # Name Note Response 1 Do you have a minimum charge for each Yes, $400.00 addtional prisoner? If yes, state minimum 3 1 mile Interstate Prisoner Transport Item Notes: Supplier Notes: Item Attributes: Please review the following and respond where necessary # Name Note Response 1 Do you have a minimum charge per Yes, $400.00 transport? If yes, state minimum charge. 4 1 mile Interstate Prisoner Transport Additional Prisoner Item Notes: Supplier Notes: Item Attributes: Please review the following and respond where necessary # Name Note Response 1 Do you have a minimum charge for each Yes, $400.00 addtional prisoner? If yes, state minimum. 5 1 fee State fee for a Courthouse pickup Item Notes: Supplier Notes: $1.35 $1.00 $1.35 $1.00 $400.00 2017-223 - US Corrections LLC - Page 5 of 6 Vol. o1 Pg• o fee State fee for a specific date/time pick up $400.00 Item Notes: Supplier Notes: Response Total: $804.70 2017-223 - US Corrections LLC - Page 6 of 6 FVoo. � Pg. 105 1.0 GENERAL INSTRUCTIONS 1.0.1 Definitions 1.0.1.1 Bidder: refers to "submitter. 1.0.1.2 Vendor/Contractor/Provider: refers to a Successful Bidder/Contractor/Service Provider. 1.0.1.3 Submittal: refers to those documents required to be submitted to Collin County, by a Bidder. 1.0.1.4 IFB: refers to Invitation For Bid. 1.1 If Bidder does not wish to submit an offer at this time, please submit a No Bid. 1.2 Awards shall be made not more than ninety (90) days after the time set for opening of submittals. 1.3 Collin County is always conscious and extremely appreciative of your time and effort in preparing your submittal. 1.4 Collin County exclusively uses ionWave Technologies, Inc. (Collin County eBid) for the notification and dissemination of all solicitations. The receipt of solicitations through any other company may result in your receipt of incomplete specifications and/or addendums which could ultimately render your bid non-compliant. Collin County accepts no responsibility for the receipt and/or notification of solicitations through any other company. 1.5 A bid may not be withdrawn or canceled by the bidder prior to the ninety-first (91St) day following public opening of submittals and only prior to award. 1.6 It is understood that Collin County, Texas reserves the right to accept or reject any and/or all Bids for any or all products and/or services covered in an Invitation For Bid (IFB), and to waive informalities or defects in submittals or to accept such submittals as it shall deem to be in the best interest of Collin County. 1.7 All IFB's submitted in hard copy paper form shall be submitted in a sealed envelope, plainly marked on the outside with the IFB number and name. A hard copy paper form submittal shall be manually signed in ink by a person having the authority to bind the firm in a contract. Submittals shall be mailed or hand delivered to the Collin County Purchasing Department. 1.8 No oral, telegraphic or telephonic submittals will be accepted. IFB's may be submitted in electronic format via Collin County eBid. 1.9 All Invitation For Bids (IFB) submitted electronically via Collin County eBid shall remain locked until official date and time of opening as stated in the Special Terms and Conditions of the IFB. 1.10 Time/date stamp clock in Collin County Purchasing Department shall be the official time of receipt for all Invitation for Bids (IFB) submitted in hard copy paper form. IFB's received in the Collin County Purchasing Department after submission deadline shall be considered void and unacceptable. Absolutely no late submittals will be considered. Collin County accepts no responsibility for technical difficulties related to electronic submittals. 1.11 For hard copy paper form submittals, any alterations made prior to opening date and time must be initialed by the signer of the IFB guaranteeing authenticity. Submittals cannot be altered or amended after submission deadline. 1.12 Collin County is by statute exempt from the State Sales Tax and Federal Excise Tax; therefore, the prices submitted shall not include taxes. Revised 6/2015 Vol. 30I Pg. C)LO 1.13 Any interpretations, corrections and/or changes to an Invitation For Bid, and related Specifications or extensions to the opening/receipt date will be made by addenda to the respective document by the Collin County Purchasing Department. Questions and/or clarification requests must be submitted no later than seven (7) days prior to the openingtreceipt date. Those received at a later date may not be addressed prior to the public opening. Sole authority to authorize addenda shall be vested in Collin County Purchasing Agent as entrusted by the Collin County Commissioners' Court. Addenda may be transmitted electronically via Collin County eBid. 1.13.1 Addenda will be transmitted to all that are known to have received a copy of the IFB/RFQ/RFP/RFI/CSP and related Specifications. However, it shall be the sole responsibility of the Bidder/Quoter/Offeror to verify issuance/non-issuance of addenda and to check all avenues of document availability (i.e. Collin County eBid httys://collincountvtx.ionwave.net/, telephoning Purchasing Department directly, etc.) prior to openingtreceipt date and time to insure Bidder/Quoter/Offeror's receipt of any addenda issued. Bidder/Quoter/Offeror shall acknowledge receipt of all addenda. 1.14 All materials and services shall be subject to Collin County approval. 1.15 Collin County reserves the right to make award in whole or in part as it deems to be in the best interest of the County. 1.16 Any reference to model/make and/or manufacturer used in specifications is for descriptive purposes only. Products/materials of like quality will be considered. 1.17 Bidders taking exception to the specifications shall do so at their own risk. By offering substitutions, Bidder shall state these exceptions in the section provided in the 11713 or by attachment. Exception/substitution, if accepted, must meet or exceed specifications stated therein. Collin County reserves the right to accept or reject any and/or all of the exception(s)/substitution(s) deemed to be in the best interest of the County. 1.19 Minimum Standards for Responsible Prospective Bidders: A prospective Bidder must meet the following minimum requirements: 1.19.1 have adequate financial resources, or the ability to obtain such resources as required; 1.19.2 be able to comply with the required or proposed delivery/completion schedule; 1.19.3 have a satisfactory record of performance; 1.19.4 have a satisfactory record of integrity and ethics; 1.19.5 be otherwise qualified and eligible to receive an award. Collin County may request documentation and other information sufficient to determine Bidder's ability to meet these minimum standards listed above. 1.20 Vendor shall bear any/all costs associated with it's preparation of an IFB. 1.21 Public Information Act: Collin County is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. All information submitted by prospective bidders during the bidding process is subject to release under the Act. 1.22 The Bidder shall comply with Commissioners' Court Order No. 2004-167-03-11, County Logo Policy. Revised 6/2015 Vol. pg. �07 1.24 Bid Openings: All bids submitted will be read at the county's regularly scheduled bid opening for the designated project. However, the reading of a bid at bid opening should be not construed as a comment on the responsiveness of such bid or as any indication that the county accepts such bid as responsive. The county will make a determination as to the responsiveness of bids submitted based upon compliance with all applicable laws, Collin County Purchasing Guidelines, and project documents, including but not limited to the project specifications and contract documents. The county will notify the successful bidder upon award of the contract and, according to state law; all bids received will be available for inspection at that time. Revised 6/2015 aJA 2.0 TERMS OF CONTRACT 2.1 A bid, when properly accepted by Collin County, shall constitute a contract equally binding between the Vendor/Contractor/Provider and Collin County. No different or additional terms will become part of this contract with the exception of a Change Order. 2.2 No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All Amendments and/or Change Orders to the contract will be made in writing by Collin County Purchasing Agent. 2.3 No public official shall have interest in the contract, in accordance with Vernon's Texas Codes Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. 2.4 The Vendor/Contractor/Provider shall comply with Commissioners' Court Order No. 96-680-10-28, Establishment of Guidelines & Restrictions Regarding the Acceptance of Gifts by County Officials & County Employees. 2.5 Design, strength, quality of materials and workmanship must conform to the highest standards of manufacturing and engineering practice. 2.6 Bids must comply with all federal, state, county and local laws concerning the type(s) of product(s)/service(s)/equipment/project(s) contracted for, and the fulfillment of all ADA (Americans with Disabilities Act) requirements. 2.7 All products must be new and unused, unless otherwise specified, in first-class condition and of current manufacture. Obsolete products, including products or any parts not compatible with existing hardware/software configurations will not be accepted. 2.8 Vendor/Contractor/Provider shall provide any and all notices as may be required under the Drug -Free Work Place Act of 1988, 28 CFR Part 67, Subpart F, to its employees and all sub -contractors to insure that Collin County maintains a drug-free work place. 2.9 Vendor/Contractor/Provider shall defend, indemnify and save harmless Collin County and all its officers, agents and employees and all entities, their officers, agents and employees who are participating in this contract from all suits, claims, actions, damages (including personal injury and or property damages), or demands of any character, name and description, (including attorneys' fees, expenses and other defense costs of any nature) brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of Vendor/Contractor/Provider's breach of the contract arising from an award, and/or any negligent act, error, omission or fault of the Vendor/Contractor/Provider, or of any agent, employee, subcontractor or supplier of Vendor/Contractor/Provider in the execution of, or performance under, any contract which may result from an award. Vendor/Contractor/Provider shall pay in full any judgment with costs, including attorneys' fees and expenses which are rendered against Collin County and/or participating entities arising out of such breach, act, error, omission and/or fault. 2.10 Expenses for Enforcement. In the event either Party hereto is required to employ an attorney to enforce the provisions of this Agreement or is required to commence legal proceedings to enforce the provisions hereof, the prevailing Party shall be entitled to recover from the other, reasonable attorney's fees and court costs incurred in connection with such enforcement, including collection. 2.11 If a contract, resulting from a Collin County IFB is for the execution of a public work, the following shall apply: 2.11.1 In accordance with V.T.C.A. 2253.021, a governmental agency that makes a public work contract with a prime contractor shall require the contractor, before beginning work, to execute to the governmental entity a Payment Bond if the contract is in excess of $25,000.00. Such bond shall Revised 2/16/2016 Vol. 301 Pa. Ip2 be in the amount of the contract payable to the governmental entity and must be executed by a corporate surety in accordance with Section 1, Chapter 87, Acts of the 561 Legislature, Regular Session, 1959 (Article 7.19-1 Vernon's Texas Insurance Code). 2.11.2 In accordance with V.T.C.A. 2253.021, a governmental agency that makes a public work contract with a prime contractor shall require the contractor, before beginning work, to execute to the governmental entity a Performance Bond if the contract is in excess of $100,000.00. Such bond shall be in the amount of the contract payable to the governmental entity and must be executed by a corporate surety in accordance with Section 1, Chapter 87, Acts of the 56" Legislature, Regular Session, 1959 (Article 7.19-1 Vernon's Texas Insurance Code). 2.12 Purchase Order(s) shall be generated by Collin County to the vendor. Collin County will not be responsible for any orders placed/delivered without a valid purchase order number. 2.13 The contract shall remain in effect until any of the following occurs: delivery of product(s) and/or completion and acceptance by Collin County of product(s) and/or service(s), contract expires or is terminated by either party with thirty (30) days written notice prior to cancellation and notice must state therein the reasons for such cancellation. Collin County reserves the right to terminate the contract immediately in the event the Vendor/Contractor/Provider fails to meet delivery or completion schedules, or otherwise perform in accordance with the specifications. Breach of contract or default authorizes the County to purchase elsewhere and charge the full increase in cost and handling to the defaulting Vendor/Contractor/Provider. 2.14 Collin County Purchasing Department shall serve as Contract Administrator or shall supervise agents designated by Collin County. 2.15 All delivery and freight charges (FOB Inside delivery at Collin County designated locations) are to be included as part of the bid price. All components required to render the item complete, installed and operational shall be included in the total bid price. Collin County will pay no additional freight/delivery/installation/setup fees. 2.16 Vendor/Contractor/Provider shall -notify the Purchasing Department immediately if delivery/completion schedule cannot be met. If delay is foreseen, the Vendor/Contractor/Provider shall give written notice to the Purchasing Agent. The County has the right to extend delivery/completion time if reason appears valid. 2.17 The title and risk of loss of the product(s) shall not pass to Collin County until Collin County actually receives and takes possession of the product(s) at the point or points of delivery. Collin County shall generate a purchase order(s) to the Vendor/Contractor/Provider and the purchase order number must appear on all itemized invoices. 2.18 Invoices shall be mailed directly to the Collin County Auditor's Office, 2300 Bloomdale Road, Suite 3100, McKinney, Texas 75071. All invoices shall show: 2.18.1 Collin County Purchase Order Number; 2.18.2 Vendor's/Contractor's/Provider's Name, Address and Tax Identification Number; 2.18.3 Detailed breakdown of all charges for the product(s) and/or service(s) including applicable time frames. 2.19 Payment will be made in accordance with V.T.C.A., Government Code, Title 10, Subtitle F, Chapter 2251. 2.20 All warranties shall be stated as required in the Uniform Commercial Code. 2.21 The Vendor/Contractor/Provider and Collin County agree that both parties have all rights, duties, and remedies available as stated in the Uniform Commercial Code. Revised 2/2016 Vol. 301 Pg. 110 2.22 The Vendor/Contractor/Provider agree to protect Collin County from any claims involving infringements of patents and/or copyrights. 2.23 The contract will be governed by the laws of the State of Texas. Should any portion of the contract be in conflict with the laws of the State of Texas, the State laws shall invalidate only that portion. The remaining portion of the contract shall remain in effect. The contract is performable in Collin County, Texas. 2.24 The Vendor/Contractor/Provider shall not sell, assign, transfer or convey the contract, in whole or in part, without the prior written approval from Collin County. 2.25 The apparent silence of any part of the specification as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of the specification shall be made on the basis of this statement. 2.26 Vendor/Contractor/Provider shall not fraudulently advertise, publish or otherwise make reference to the existence of a contract between Collin County and Vendor/Contractor/Provider for purposes of solicitation. As exception, Vendor/Contractor/Provider may refer to Collin County as an evaluating reference for purposes of establishing a contract with other entities. 2.27 The Vendor/Contractor/Provider understands, acknowledges and agrees that if the Vendor/Contractor/Provider subcontracts with a third party for services and/or material, the primary Vendor/Contractor/Provider (awardee) accepts responsibility for full and prompt payment to the third party. Any dispute between the primary Vendor/Contractor/Provider and the third party, including any payment dispute, will be promptly remedied by the primary vendor. Failure to promptly render a remedy or to make prompt payment to the third party (subcontractor) may result in the withholding of funds from the primary Vendor/Contractor/Provider by Collin County for any payments owed to the third party. 2.28 Vendor/Contractor/Provider shall provide Collin County with diagnostic access tools at no additional cost to Collin County, for all Electrical and Mechanical systems, components, etc., procured through this contract. 2.29 Criminal History Background Check: If required, ALL individuals may be subject to a criminal history background check performed by the Collin County Homeland Security prior to access being granted to Collin County. Upon request, Vendor/Contractor/Provider shall provide list of individuals to Collin County Purchasing Department within five (5) working days. 2.30 Non -Disclosure Agreement: Where applicable, vendor shall be required to sign a non -disclosure agreement acknowledging that all information to be furnished is in all respects confidential in nature, other than information which is in the public domain through other means and that any disclosure or use of same by vendor, except as provided in the contract/agreement, may cause serious harm or damage to Collin County. Therefore, Vendor agrees that Vendor will not use the information furnished for any purpose other than that stated in contractlagreement, and agrees that Vendor will not either directly or indirectly by agent, employee, or representative disclose this information, either in whole or in part, to any third party, except on a need to know basis for the purpose of evaluating any possible transaction. This agreement shall be binding upon Collin County and Vendor, and upon the directors, officers, employees and agents of each. 2.31 Vendors/Contractors/Providers must be in compliance with the Immigration and Reform Act of 1986 and all employees specific to this solicitation must be legally eligible to work in the United States of America. 2.32 Certification of Eligibility: This provision applies if the anticipated Contract exceeds $100,000.00 and as it relates to the expenditure of federal grant funds. By submitting a bid or proposal in response to this solicitation, the Bidder certifies that at the time of submission, he/she is not on the Federal Government's list of suspended, ineligible, or debarred contractors. In the event of placement on the list between the time of bid/proposal submission and time of award, the Bidder will notify the Collin County Purchasing Agent. Failure to do so may result in terminating this contract for default. Revised 2/2016 2.33 Notice to Vendors/Contractors/Providers delivering goods or performing services within the Collin County Detention Facility: The Collin County Detention Facility houses persons who have been charged with and/or convicted of serious criminal offenses. When entering the Detention Facility, you could: (1) hear obscene or graphic language; (2) view partially clothed male inmates; (3) be subjected to verbal abuse or taunting; (4) risk physical altercations or physical contact, which could be minimal or possibly serious; (5) be exposed to communicable or infectious diseases; (6) be temporarily detained or prevented from immediately leaving the Detention Facility in the case of an emergency or "lockdown"; and (7) subjected to a search of your person or property. While the Collin County Sheriff s Office takes every reasonable precaution to protect the safety of visitors to the Detention Facility, because of the inherently dangerous nature of a Detention Facility and the type of the persons incarcerated therein, please be advised of the possibility of such situations exist and you should carefully consider such risks when entering the Detention Facility. By entering the Collin County Detention Facility, you acknowledge that you are aware of such potential risks and willingly and knowingly choose to enter the Collin County Detention Facility. 2.34 Delays and Extensions of Time when applicable: 2.34.1 If the Vendor/Contractor/Provider is delayed at any time in the commence or progress of the Work by an act or neglect of the Owner or Architect/Engineer, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Vendor/Contractor/Provider's control, or by delay authorized by the Owner pending mediation and arbitration, or by other causes which the Owner or Architect/Engineer determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Owner/Architect may determine. 2.34.2 If adverse weather conditions are the basis for a Claim for additional time; such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that the weather conditions had an adverse effect on the scheduled construction. 2.35 Disclosure of Certain Relationships: Chapter 176 of the Texas Local Government Code requires that any vendor considering doing business with a local govenunent entity disclose the vendor's affiliation or business relationship that might cause a conflict of interest with a local government entity. Subchapter 6 of the code requires a vendor to file a conflict of interest questionnaire (CIQ) if a conflict exists. By law this questionnaire must be filed with the records administrator of Collin County no later than the 7th business day after the date the vendor becomes aware of an event that requires the statement to be filed. A vendor commits an offense if the vendor- knowingly violates the code. An offense under this section is a misdemeanor. By submitting a response to this request, the vendor represents that it is in compliance with the requirements of Chapter 176 of the Texas Local Government Code. PIease send completed forms to the Collin County County Clerk's Office located at 2300 Bloomdale Rd., Suite 2104, McKinney, TX 75071. 2.36 Disclosure of Interested Parties: Section 2252.908 of the Texas Government Code requires a business entity entering into certain contracts with a governmental entity to file with the governmental entity a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity. Section 2252.908 requires the disclosure form (Form 1295) to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. Section 2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity before the contract may be signed or has a vaIue of at least $1 million. Section 2252.908 provides definitions of certain terms occurring in the section. Section 2252.908 applies only to a contract entered into on or after January 1, 2016. NOTE: All other terms and conditions (i.e. Insurance Requirements, Bond Requirements, etc.) shall be stated in the individual IFB Solicitation documents as Special Terms, Conditions and Specifications. Revised 2/2016 voi.� P9. 1l � 3.0 INSURANCE REQUIREMENTS 3.1 Before commencing work, the vendor shall be required, at its own expense, to furnish the Collin County Purchasing Agent with certified copies of all insurance certificate(s) indicating the coverage to remain in force throughout the term of this contract. 3.1.1 Commercial General Liability insurance including but not limited to the coverage indicated below. Coverage shall not exclude or limit Products/Completed Operations, Contractual Liability, or Cross Liability. Coverage must be written on occurrence form. • Each Occurrence: $1,000,000 • Personal Injury & Adv. Injury: $1,000,000 • Products/Completed Operation Aggregate: $2,000,000 • General Aggregate: $2,000,000 3.1.2 Workers Compensation insurance as required by the laws of Texas, and Employers' Liability. Employers' Liability • Liability, Each Accident: $500,000 • Disease -Each Employee: $500,000 • Disease — Policy Limit: $500,000 3.1.3 Commercial Automobile Liability insurance which' includes any automobile (owned, non -owned, and hired vehicles) used in connection with the contract. • Combined Single Limit — Each Accident: $1,500,000 if operating vehicles with a seating capacity of 15 or less; or • Combined Single Limit — Each Accident $5,000,000 if operating vehicles over seating capacity of 15 3.2 With reference to the foregoing insurance requirement, the vendor shall endorse applicable insurance policies as follows: 3.2.1 A waiver of subrogation in favor of Collin County, its officials, employees, volunteers and officers shall be provided for General Liability, Commercial Automobile Liability, and Workers' Compensation. 3.2.2 The vendor's insurance coverage shall name Collin County as additional insured under the General Liability policy. 3.2.3 All insurance policies shall be endorsed to require the insurer to immediately notify Collin County of any decrease in the insurance coverage limits. 3.2.4 All insurance policies shall be endorsed to the effect that Collin County will receive at least thirty (30) days notice prior to cancellation, non -renewal or termination of the policy. Vol. I -3 pg. -L\, - 3.2.5 All copies of Certificates of Insurance shall reference the projecticontract number. 3.3 All insurance shall be purchased from an insurance company that meets the following requirements: 3.3.1 A financial rating of A -VII or higher as assigned by the BEST Rating Company or equivalent. 3.4 Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain provisions representing and warranting the following: 3.4.1 Sets forth all endorsements and insurance coverages according to requirements and instructions contained herein. 3.4.2 Sets forth the notice of cancellation or termination to Collin County. Vol. P9--ft-L4— 4.0 SPECIAL CONDITIONS AND SPECIFICATIONS 4.1 Authorization: By order of the Commissioners' Court of Collin County, Texas, sealed bids will be received for Services, Prisoner Transport. 4.2 Purpose: The intended purpose for this Invitation For Bid is to describe the minimum requirements of the Collin County Sheriffs Office for intrastate and interstate transportation services from a qualified prisoner transport firm to pick-up prisoners from any location within the continental United States, Alaska and Hawaii, provide security for these prisoners and bring them to Collin County or return them to their original pick-up location. See Attachment A for 2016 transport history. 4.3 ^�}Tern rpuiYd'd�fnr a6t fl% ;b }n�tf �i—NfiViWJh' V fig _:✓-1Y" �i 3 `h L CI.Sq^'p�sT'Y.'IT Yf.hC .^i..uc. 1 including September 30, 2018, with three (3) annual renewals. 4.4 Funding: Funds for payment have been provided through the Collin County budget approved by the Commissioners' Court for this fiscal year only. State of Texas statutes prohibit the County from any obligation of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the current Collin County fiscal year shall be subject to budget approval. 4.5 Price Reduction: If during the life of the contract, the vendor's net prices to its customers for the same product(s) and/or services shall be reduced below the contracted price, it is understood and agreed that the County shall receive such price reduction. 4.6 Price Re -determination: A price re -determination may be considered by Collin County only at the twelve (12) month, twenty-four (24) month, and thirty-six (36) month anniversary date of the contract (October 111). All requests for price re -determination shall be in written form and shall be received by July I" of each year and shall include documents supporting price re -determination such as Manufacturer's direct cost, postage rates, Railroad Commission rates, Federal/State minimum wage law, Federal/State unemployment taxes, F.I.C.A, Insurance Coverage Rates, etc.. The bidder's past experience of honoring contracts at the bid price will be an important consideration in the evaluation of the lowest and best bid. Collin County reserves the right to accept or reject any/all of the price re- determination as it deems to be in the best interest of the County. 4.7 Response/Completion Time: Vendor shall pick-up and deliver prisoners to Collin County designated locations no later than fourteen (14) calendar days from the date of notification by authorized Collin County Sheriff s Office personnel, or as otherwise agreed upon by both parties. 4.8 Approximate Usage: Approximate value of this contract is $100,000. In calendar year 2016 Collin County had 168 transports (see Attachment A). Approximate usage does not constitute an order, but only implies the probable quantity the County will use. 4.9 Minimum Requirements: 4.9.1 Confirm that bidder shall provide transportation services in compliance with the US Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA), the US Department of Justice, and any other local, state and federal laws and/or regulations, including 28 C.F.R. Part 97. 4.9.2 Bidders are required to meet all requirements for limits on continuous travel hours and miles as governed by the US Department of Transportation and must provide proof of Satisfactory Audit rating from the Federal Motor Carrier Safety Administration (FMCSA) with bid submittal. Provide FMSCA company snapshot at time of bid submittal. hftp://safer.fmcsa.dot.gov/CompanySnapshot.aspx 4.9.3 Bidder shall provide with bid response an affidavit of performance showing that a minimum of one thousand (1,000) prisoners were moved by bidder during the last twelve (12) months. 4.9.4 Provide list vehicles that are currently licensed and shall remain licensed at all times. These vehicles must be equipped with heat and air conditioning for the entire vehicle. These vehicles must be equipped with mobile communications, and be in good operating condition. 4.9.5 Provide proof of insurance. 4.10 Services Required/Background: The selected Provider shall furnish all expertise, labor and resources for the provision of prisoner transportation in accordance with (i) all State and Federal laws, ordinances, and codes, including the latest ADA, FAA, DOT, ACA (Correctional Guidelines), and environmental and safety standards, and (ii) the professional standards of skill, care and diligence adhered to by reputable, first-class Providers performing services of the same and similar nature and similar complexity as described in this IFB. Specifically, the proposer will be required to: 4.10.1 Have in place an operational ground transportation system that operates twenty-four (24) hours per day, seven (7) days per week, three hundred and sixty-five (365) days per year. 4.10.2 Provide at least two (2) officers to each vehicle or aircraft transporting a prisoner. Provider will furnish qualified female personnel when possible when transporting female prisoners. All drivers and transport officers shall be trained and licensed to carry firearms in accordance with all State and Federal requirements. 4.10.3 If engaged in the air transportation business, show proper documentation of the security officers' training and experience in handling air transport of prisoners. 4.10.4 Provide an updated list of Transport Personnel upon request of the Sheriff or his designated representative. 4.10.5 When aircraft are utilized, insure that they meet the approval of the Federal Aviation Administration. All aircraft pilots must be properly licensed and all aircraft will be operated according to applicable Federal Aviation Regulations. 4.10.6 Assume custody of prisoners within ten (10) days of notification by the County. 4.10.7 During transport, vendor will secure and restrain each prisoner with appropriate restraints, including use of flex cuffs, soft restraints, leather restraints, or metal restraints as appropriate under the circumstances for the safety of the public, transport officers, the prisoner and other prisoners. Vendor will make appropriate accommodations or adjustments for the restraint of special -condition prisoners, like pregnant prisoners, disabled or injured prisoners, or ill prisoners. Vendor is responsible for each prisoner's restraint and security from the time of custody to the time that another receiving agency has accepted the prisoner's custody. voi. _aQL_ Pg, LU 4.10.8 In the event the driver or pilot in command determines that a prisoner's condition or behavior is dangerous to the safety of the vehicle or aircraft, or its passengers, notify the a captain on duty in the Support Services section of the Collin County Sheriffs Office, immediately, prior to leaving the pick-up location, and there shall be no charge to the County. 4.10.9 In the event the Provider incurs inclement weather, mechanical failure, or any other situation which results in a delay, provide food, lodging, or any other necessity for the prisoner(s), or when necessary, lodging of the prisoner(s) at an appropriate law enforcement detention facility. The Sheriff, or his designated representative, must be immediately notified of any such delay. A major emergency during a prisoner transport includes a sudden prisoner illness; an inmate's assault of another person including a member of the public, a transport officer, or another prisoner; a vehicle accident; a vehicle fire; and a significant disturbance that involves a realistic threat to public safety. Vendor will notify a captain on duty in the Support Services section of the Collin County Sheriff s Office as soon as practicable, consistent with safety. 4.10.10 Upon arriving at the receiving agency, surrender custody of the prisoner to the designated agency or agent after first confirming identification of the officers or agent of said agency. 4. 10.11 Provide a written report of any and all unusual incidents, emergencies, medical care, and controversial situations that involve prisoners being transported for the County. 4.11.12 Provide all necessary equipment and vehicle(s) to transport personnel which may be required in the performance of their duties. Equipment and vehicles shall be in good operating condition. 4.11.13 Vendor will provide modified vehicles for the safe transport of prisoners, including providing occupant crash protection for each prisoner transported, as required by state or federal law. Vendor will provide occupant restraints or seat belts for each prisoner's seat where the seat is equipped with a seat belt or other safety device or where state or federal Iaw requires. 4.11.14 All reasonable precautions shall be taken for the safety and well-being of prisoners during transportation. 4.11.15 For each transfer vendor shall specify how transportation will be accomplished (van, commercial airline, double -guard, etc.). 4.11.16 Transport personnel shall separate male and female prisoners while being transported. 4.11.17 Vendor shall report all medical expenditures to the Collin County Sheriffs Office in detail, with documentation. 4.11.18 Vendor must feed prisoners three (3) meals per day, one of which is a hot meal, when the prisoner(s) are in custody of the vendor for more than a twenty-four (24) hour period. 4.11.19 Vendor will also provide prisoners with a reasonable number of restroom breaks per 12 - hour period. 4.11.20 Vendor shall be required to pay all medical costs, including transportation to and from any medical facility to the provider. The costs will be reimbursed to the vendor by Collin County provided that all medical expenses are documented with receipts. 4.11.21 All costs associated with transporting prisoners, except medical costs, shall be included in the bid price. 4.11.22 Documentation: Vendor shall maintain complete and accurate records for all prisoners to substantiate services provided to Collin County, including but not limited to the following: 4.11.22.1 Prisoners extradition waiver forms 4.11.22.2 Personal property control forms 4.11.22.3 Medical information forms 4.11.22.4 Prisoner receipt forms 4.11.22.5 Scheduling information indicating that prisoners are always rested in detention facilities for a minimum of eight (8) hours during each twenty- four (24) hour period while being transported. 4.11.22.6 Meal schedules indicating that prisoners are provided three (3) meals during each twenty-four (24) hour period while being transported. 4.11.23 Vendor shall provide drivers "logs" upon request from Collin County for each Collin County inmate transported 4.12 Transport personnel qualifications. Bidder shall provide transport personnel who meet all of the following minimum qualifications: 4.12.1 All transport personnel shall be physically and mentally sound; 4.12.2 Transport personnel shall be free of any serious hearing impairment and shall have good visual capacity; 4.12.3 Provide a monthly updated list of Transport Personnel to include Date of Birth, current address and background check to Collin County designated representative. 4.12.4 Transport personnel shall have had training and/or instruction in all of the following areas determined by Title 28 part 97 of the code of Federal Regulations. 4.12.3.1 First aid, including CPR 4.12.3.2 Public relations 4.12.3.3 Safety 4.12.3.4 Proper use of written report forms 4.12.3.5 Security procedures and techniques 4.12.5 Vendor shall submit a letter of confirmation within ten (10) days after award certifying that it will provide a drug free work place in complete compliance with the Drug -Free Work Place Act of 1988, 28 CFR Part 67, Subpart F, and Collin County Commissioners' Court Order No. 90-455-06-11. Chemical screening will be required for all employees performing work for the County. These records will be made available for inspection upon request. Non-compliance may be grounds for removal of individual from service and/or termination of vendor's contract. Voe. � pg. 4.12.6 Transport personnel shall be neat and clean in attire and person, and be in uniform while on duty. 4.12.7 Vendor shall pay the transport personnel furnished for the contract not less than minimum wage established by Federal and State laws. 4.12.8 Collin County reserves the right to remove transport personnel if deemed unacceptable by Collin County Sheriffs Office. _4 ATTACHMENT A TRANSPORT HISTORY Vol. pg. -10'10 ALABAMA 6 ALASKA 0 ARIZONA 7 ARKANSAS 7 CALIFORNIA 8 COLORADO 4 CONNECTICUT 1 DELAWARE 2 FLORIDA 16 GEORGIA 3 HAWAII 0 IDAHO 1 ILLINOIS . 1 INDIANA 1 IOWA 0 KANSAS 6 KENTUCKY 2 LOUISIANA 4 MAINE 0 MARYLAND 0 MASSACHUSETTS 0 MICHIGAN 6 MINNESOTA 2 MISSISSIPPI 1 MISSOURI 4 MONTANA 1 NEBRASKA 0 NEVADA 2 NEW HAMPSHIRE 1 NEW JERSEY 1 NEW MEXICO 1 NEW YORK 3 NORTH CAROLINA 1 NORTH DAKOTA 0 OHIO 5 OKLAHOMA 2 OREGON 4 PENNSYLVANIA 1 RHODE ISLAND 0 SOUTH CAROLINA 0 SOUTH DAKOTA 0 TENNESSEE 1 TEXAS 60 UTAH 0 VERMONT 0 VIRGINIA 2 WASHINGTON 1 WESTVIRGINIA 1 WISCONSIN 1 WYOMING 0 TOTAL 168 Vol. pg. -10'10 INFORMATION. REGARDING CONFLICT.OF INTEREST QUESTIONNAIRE During the 79th Legislative Session, House Bill 914 was signed into law effective September 1, 2015, which added Chapter 176 to the Texas Local Government Code. Recent changes have been made to Chapter 176 pursuant to H1323, which passed the 84th Legislative Session. Chapter 176 mandates the Public- disclosure of certain information concerning persons doing business or seeking to do business with Collin County, including family, business, and financial relationships such persons aay have with Collin County officers or employees involved in the planning, recommending, selecting and contracting of a vendor for this procurement. For a copy of Form CIQ and CIS: http://www.ethics.state.tx.us/fiilinginfo/Conflict form s.htm The vendor acknowledges by doing business or seeking to do business with Collin County that he/she has been notified of the requirements under Chapter 176 of the Texas Local Government Code and that he/she is solely responsible for complying with the terms and conditions therein. Furthermore, any individual or business entity seeking to do business with Collin County who does not comply with this practice may risk award consideration of any County contract. For a listing of current Collin County Officers: http://www.collincountytx.aov/aovernment/Paaes/officials.aspx The following County employees will be involved in the planning, recommending, selecting, and contracting for the attached procurement: Department: Sheriff Jim Skinner Assistant Chief — Mark Sanderson Commander — Pam Palmisano Captain — Jimmy Moody Lieutenant — Butch Thornhill Purchasing: Michalyn Rains — Purchasing Agent Sara Hoglund, CPPB — Asst. Purchasing Agent Commissioners' Court: Keith Self — County Judge Susan Fletcher — Commissioner Precinct No. 1 Cheryl Williams — Commissioner Precinct No. 2 Chris Hill — Commissioner Precinct No. 3 Duncan Webb — Commissioner Precinct No. 4 Vol.'tel _ Pg: tai iJ CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. !J Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated filing not later than the 7th business day after the date on which completed questionnaire with the appropriate authority you became aware that the originally filed questionnaire was incomplete or inaccurate.) IJ Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? 71 Yes E—] No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes F-1 No JJ Describe each employment or business relationship that the vendor named in Section i maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 ❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Vot.,pg_ Baa CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code 6176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code S 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12 -month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12 -month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code 4176.006(a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Vol. pg. Revised 1113012015 2017-223 Services, Prisoner Transport I US Corrections LLC I Line # Description QTY LIOM Unit Extended 1 F.rPQsP9 mi $1.35 $1.35 2 Intrastate Prisoner Transport for each Additional Prisoner I mile $1.00 $1.00 Tr r ..... .mde $1.35 $1.35 4 Interstate Prisoner Transport Additional Prisoner 1 mile 1 $1.001 $1.00 t State a: t6iifth' "led buse�p!c up,,-..,,,n_,q $400.00 $400. 00 6 State fee for a specific date/time pick up I fee $400.001 $400.00 Minimum charge per transport $300.00 Aproximate jAverage Annual Cost jApproximately miles I/l/2016-12/31/2016 107292 miles $144,844.20 $80,469.19 spent /rate $0.75 4_ Company Snapshot - FIVISCA proof of audit rating yes Affidavit of performance provided documentation List of Vehicles yes Proof of Insurance yes Non -Responsive: Global Prisoner Services, LLC (Texas Prisoner Transport) OMNIA P A R T N E R S NATIONALI PA U uS.COMMUNITIEB' GOVERNMENTFL'X NIALIENS EXPERIENCED . FOCUSED . TRUSTED MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Master Intergovernmental Cooperative Purchasing Agreement (this "agreement") is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate ("Principal Procurement Agencies") with National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners Public Sector ("OMNIA Partners") to be appended and made a part hereof and such other public agencies ("Participating PublicAgencies') who register to participate in the cooperative purchasing programs administered by OMNIA Partners and its affiliates and subsidiaries (collectively, the "OMNIA Partners Parties") by either registering on a OMNIA Partners Party website (such as www.omniapartners.com/publicsector or www.nationalipa.org or any successor website), or by executing a copy of this Agreement. RECITALS WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, in compliance with their own policies, procedures, rules and regulations, a number of suppliers have entered into "Master Agreements' (herein so called) to provide a variety of goods, products and services ("Products') to the applicable Principal Procurement Agency and the Participating Public Agencies; WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the OMNIA Partners Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; and WHEREAS, in addition to Master Agreements, the OMNIA Partners Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties hereby agree as follows: Vol. �Oi Pg. a5 Each party will facilitate the cooperative procurement of Products. 2. The Participating Public Agencies shall procure Products in accordance with and subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency's procurement practices. The Participating Public Agencies hereby acknowledge and agree that it is the intent of the parties that all provisions of this Agreement and that Principal Procurement Agencies' participation in the program described herein comply with all applicable laws, including but not limited to the requirements of 42 C.F.R. § 1001.952(h), as may be amended from time to time. The Participating Public Agencies further acknowledge and agree that they are solely responsible for their compliance with all applicable "safe harbor" regulations, including but not limited to any and all obligations to fully and accurately report discounts and incentives. 3. The Participating Public Agency represents and warrants that the Participating Public Agency is not a hospital or other healthcare provider and is not purchasing Products on behalf of a hospital or healthcare provider. 4. The cooperative use of Master Agreements shall be in accordance with the terms and conditions of the Master Agreements, except as modification of those terms and conditions is otherwise required by applicable federal, state or local law, policies or procedures. 5. The Principal Procurement Agencies will make available, upon reasonable request, Master Agreement information which may assist in improving the procurement of Products by the Participating Public Agencies. 6. The Participating Public Agency agrees the OMNIA Partners Parties may provide access to group purchasing organization ("GAO") agreements directly or indirectly by enrolling the Participating Public Agency in another GPO's purchasing program, including but not Iimited to Vizient Source, LLC, Provista, Inc. and other OMNIA Partners affiliates and subsidiaries; provided the purchase of Products through a OMNIA Partners Party or any other GPO shall be at the Participating Public Agency's sole discretion. 7. The Participating Public Agencies (each a "Procuring Party") that procure Products through any Master Agreement or GPO Product supply agreement (each a "(' Contr c ") will make timely payments to the distributor, manufacturer or other vendor (collectively, " u tier") for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the State of purchase unless otherwise agreed to by the Procuring Party and Supplier. 8. The Procuring Party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for purchase of similar products or services outside of the Master Agreement. Master Agreements may be structured with not -to -exceed pricing, in which cases the Supplier may offer the Procuring Party and the Procuring Party may accept lower pricing or additional concessions for purchase of Products through a Master Agreement. 9. The Procuring Party shall be responsible for the ordering of Products under this Agreement. A non -procuring party shall not be liable in any fashion for any violation by a Procuring Party, and, to the extent permitted by applicable law, the Procuring Party shall hold non - procuring party harmless from any liability that may arise from the acts or omissions of the Procuring Party. 10. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OMNIA PARTNERS PARTIES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING ANY PRODUCT, MASTER AGREEMENT AND GPO CONTRACT. THE OMNIA PARTNERS PARTIES SHALL NOT BE LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF THE OMNIA PARTNERS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE PROCURING PARTY ACKNOWLEDGES AND AGREES THAT THE OMNIA PARTNERS PARTIES SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION BY A SUPPLIER OR OTHER PARTY UNDER A MASTER AGREEMENT OR GPO CONTRACT. 11. This Agreement shall remain in effect until termination by either party giving thirty (30) days' written notice to the other party. The provisions of Paragraphs 6 -10 hereof shall survive any such termination. 12. This Agreement shall take effect upon (i) execution of the Principal Procurement Agency Certificate, or (ii) the registration on a OMNIA Partners Party website or the execution of this Agreement by a Participating Public Agency, as applicable. lzs; - L Authorized Signat e Name Title and AgRicy Name Dat NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY d/b/a OMNIA Partners P ublic Sector Sig t re Sarah Vavra Name Sr. Vice President, Public Sector Contracting Title Date Item Coversheet BRAZOS COUNTY BRYAN,TEXAS Page 1 of 1 M DEPARTMENT: Road and Bridge NUMBER: CC2019-Indian Lakes Phs 32 -Final Plat DATE OF COURT MEETING: 9/24/2019 ITEM: Approval of Indian Lakes Subdivision Phase XXXII (32), Block 43, Lots 1-13 and Common Area; 33.798 Acres; J.M Barrera Survey, A-69; ETJ City of College Station; Brazos County, Texas. Site is located in Precinct 1. TO: Commissioners Court FROM: Karen Tyler DATE: 09/17/2019 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 • Brazos County will not assume maintenance responsibility behind the curb; or for street lights; or for esplanades or median strips. • Brazos County will not assume maintenance responsibility for drainage ways or easements other than those that directly drain the roadway. • Private drainage ways, access easements or other easements will be maintained by the individual property owners or the Home Owners Association (HOA). NOTES/EXCEPTIONS: • Brazos County will maintain the roadway, shoulders as needed and drainage facilities which directly drain the roadway. • The property owners/HOA will be responsible for mowing and landscape maintenance of all rights of way and easements. Owner/Developer. Smiling Mallard Development Ltd. Engineer/Surveyor. McClure & Brown Engineering/Surveying Inc. ATTACHMENTS: File Name Description Type Indian Lakes Ph 32- Application for Develooment.pdf Application for Development Backup Material CmCourt 9-24-19 Final Plat- IL Ph 32 Plat Backup Material (11-2-18).pdf APPRO Duane Peters Date County Judge vol. Pg• httns://hrazos.novusagenda.com een a e over, ee . emID=19451 9/20/2019 PLAT APPLICATION Brazos County Road & Bridge Office 2617 SH 21 West Bryan, TX 77803 Telephone: (979) 822-2127 Fax: (979 775-0456 Email: plats(cr�.brazoscount&.gov PROPERTYUBJECT INFORMATION APPLICATION DATE ': 9112/18 RESUBMITTAL: YES 79/ NO PROJECT / SUBDIVISION NAME: Indian Lakes - Phase 32 (Final Plat) PROJECT ADDRESS OR LOCATION: East of Intersection of Winema Trail and Kaliska Court LEGAL DESCRIPTION: Indian lakes, Phase 32, Block 43, Lots 1-13 and Common Area IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS: 13 TOTAL ACREAGE 33.798 JURISDICTION: CITY LIMITS ✓ College Station =ETJOUTSIDE ALL CITY LIMITS AND ETJs Notification of Application completeness will be given within 10 days of Application date. All incomplete Applicatlons will be rejected. This Application shall expire five (5) years from the Application date of the project. IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? I IYES 1 ✓ INO Acknowledgment. The flood hazard boundary maps and other hood data used by Brazos County in evaluating flood hazards to proposed Developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data On rare occasions greater floods can and will occur and flood heights may be Increased by man-made or natural causes. Issuance of a Floodplain Permit in accordance with the Brazos County Flood Damage Prevention Ordinance does not Imply that Development outside the areas of special flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage does occur. D• • WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? YES ✓ NO Vol. �`'�D L pg. � a� APPLICANT INFORMATION i ?i-.-.xt—.�E: i.rt^%.-L,..-t-.c` � .-..1.._ ... ].. »rH-iSb. _ •�'-_ _ L -s �.)� •? .::C: ti-, a—C;+—,lr�u'.i=. FIRM NAME: Smiling Mallard Development. Ltd. CONTACT: Travis Martinek ADDRESS: 3608 East 29th Street, Suite 100 CITY: Bryan STATE: Texas ZIP: 77802 PHONE: (979) 646-4384 FAX: (979) 846-1461 EMAIL: travis@clarkewyndham.com 77-77-77 77 -77 Y I PROPERTY DMIIdER INFORMATION FIRM NAME: Smiling Mallard Development, Ltd. CONTACT: Travis Martinek ADDRESS: 3608 East 29th Street, Suite 100 CITY: Bryan STATE: Texas ZIP: 77802 PHONE: (979) 8464384 FAX: (979) 846-1461 EMAIL: travis@clarkewyndham.cwm ENGINEER INi:OR T10N FIRM NAME: McClure & Browne, Inc, CONTACT: Jeff Robertson ADDRESS: 1008 Woodcreek Drive, Suite 103 CITY: College Station STATE: Texas ZIP:77845 PHONE: (979) 693-3638 FAX: (979) 693-2554 EMAIL. jeffr@mcclurebrowne.com )SURVEYOR INFORPdATION .-v._��t+ _]�>.'..^x a.._zu. 4:... •2:.-h4trry'--..a. ..-:.�. ... .i.._ry a-_z.�. ��T..._...:w`- fit.. _.Ei�_F..�_•f__s..+__._� ._.. .e., i. ,_i: F,-....: t.c. �'i1 4 S FIRM NAME: McClure 8 Browne, Inc. CONTACT: Kevin McClure ADDRESS: 1008 Woodcreek Drive, Suite 103 CITY: College Station STATE: Texas ZIP: 77845 PHONE: (979) 693-3838 FAX: (979) 693-2554 EMAIL: kevinm@mcclurebrowne.com OTHER'INFORM�ATIO t s s *' , FIRM NAME: CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL: Vd. c� pg, _L� By my signature, I hereby affirm that 1 am the property Owner of record, or if the Applicant is an organization or business entity, that authorization has been granted to represent the Owner, organization or business in this Application. I certify that the preceding Information is complete and accurate, and It Is understood that I agree to t e Do elopment/Subdivision of this property. SIGNATURE ' PRINTED NAME: Travis Martinek DATE: 9/12/18 SIGNATURE: PRINTED NAME: DATE: By signing this form, the Owner of the property authorizes Brazos County to begin proceedings in accordance with the process for this type of Application Indicated on page one of this Application. The Owner further acknowledges that submission of an Application does not in any way obligate the County to approve the Application and that although County staff may make certain recommendations regarding this Application, the Commissioner's Court may not follow that recommendation and may make a final decision that does not conform to the staffs recommendation. Application Check List: Copies of finished plat with corrections (if any): ✓ hree (3) hard copies to Brazos County ✓ One (1) .pdf copy to Brazos County ✓ One (1) .dwg copy to Brazos County One (1) hard copy to Brazos County Health District ✓One (1) hard copy to Brazos County 911 ✓One (1) hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): ✓ Letter from Brazos County Health District - For On-site sewage evaluation. ✓ Letter from Brazos County 911 - For Road names. ✓ Letter from Water District or Company. - Stating water availability, etc. If property is within an Extraterritorial Jurisdiction (ETJ) of a City: ❑✓ Approval notification from appropriate City. Applicant attests that they have signed this Application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this Application is not finished or dated until all documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above. Eva. ,�. Pg. � Every Simplified Plat shall include all of the following: F✓ Title Block with the following information: ❑✓ Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. aProposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) (Replats need to retain original Subdivision name.) Date of preparation. (Include the date of any revisions on the plat.) Engineer's scale in feet. }/ Total area intended to be developed. Proposed number of Lots to be developed. j/ Re -plat or Amending Plat, existing Lot and Block description or Abstract name and number. ✓ North arrow. ✓ Drawn on 24" x 36" sheet to scale of 100 -feet per inch or larger. ✓ Subdivision boundary indicated by heavy lines_ Boundary must include all of Parent Tract. ✓ All horizontal control and vertical elevations depicted on the plat shall be tied to NAD83 and NAVD 1988 Datum. WlA vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plat. F✓ All adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. F6 -/]All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plat drawing. aCounty boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. Road names and Right -of -Way width for all Roads. (Existing and proposed) WAIT existing and proposed plat boundary lines, phase/section lines, and Lot lines with bearings and dimensions. F✓- Utility Services. (Water, wastewater,electrical, natural gas, cable, phone, etc.) Pipelines: label company with volume and page. All certification language as found in Appendix C. V Easements and rights-of-way shall be dedicated to the public. The dedication of all Easements and rights-of-way shall be accomplished free of liens. The dedication shall be accompanied by.the Certificate of Ownership and Dedication language found in Appendix C. The Owner's and any lien holder's dedication, and restrictions if any duly acknowledged in the manner required for acknowledgement of deeds, shall also be provided. aAll proposed Easements and existing Easements of record that have a designated route shall be shown on the plat with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. ❑✓ Building Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a plat note.. Metes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to a corner of th i inal land grant survey of which the Subdivision is a part, according vol. _3&�[, pg. 3a to the best available data. (Shown on drawing; not separate description) aAll Subdivision external corners, angle points, points of curvature and points of tangency shall be set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded and shall be a TxDOT "Light Duty Setting" monument with an aluminum or bronze disk as specified in Appendix C of the TxDOT Survey Manual of April 2011. Alternately, Bernsten® Standard Aluminum Base monument (or equivalent as approved by the County Engineer) embedded and backfilled ' with compacted sand may be used. All Daughter Lots, Blocks and rights-of-way within the Subdivision shall be fully monumented in compliance with the Texas Board of Professional Land Surveying Act and the Board Rules set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded. 74/ Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a- part. part. All boundaries shall be tied to a County control monument. WIThe plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. WIThe On-site Sewage Facility (OSSF) setback as required by the Brazos County Health District. The location, zone classification and panel Effective Date of the 100 -Year Floodplain as identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). Fs/lIf there are any areas within the plat that include a FEMA -mapped Floodplain with a Zone A classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 64 acres, the plat shall also show the extent of the 100 -Year Floodplain as determined by an engineering study under the seal of a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points within the plat. BFE's shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA -mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. 76/ A minimum lowest finished floor elevation (FFE) for Buildings shall be established for each . Lot within the plat. This minimum FFE shall be twelve (12) inches higher than the highest spot elevation that is located within five (B) feet outside the perimeter of the Building, or two -feet above the BFE, whichever is higher. If any areas within the plat include a 100 -Year Floodplain (as determined by the results, of an engineering study or as established by FEMA), a benchmark shall be established by the Owner within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of. this benchmark shall utilize the same vertical datum as that used in the engineering study to determine. the FFE. I✓ A separate drawing containing both existing and proposed topographic information at 2 -FT contour intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts. (existing & proposed). aThe certification language as found in Appendix C for both the Commissioner's Court approval and the County Clerk's filing certificate shall be located on the face of the plat. These signatures shall be obtained after approval by the Brazos County Commissioner's Court. If any Lot within the plat will be served by a well or an On-site Sewage Facility (OSSF), a letter must be provided by the Brazos County Health District stating they have examined the plat and ,that it is in compliance with the Brazos County On-site Sewage Facility (OSSF) Regulations,. Construction Standards for On-site Sewage Facility (OSSF) Regulations as published by the -Texas Commission on Environmental Quality (TCEQ). This letter must be signed by a representative of the District prior to Final Plat approval.. ❑✓ If the plat contains a water well site, there shall be a depiction of the TCEQ separation \/OI .�3QI � , I- requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. Ft✓ If rural route mailboxes are proposed, the plat note as found in Appendix G.2 for placement of such mailboxes shall be shown on the face of the plat. If any areas of the plat are located outside of all incorporated areas, the plat note as found in Appendix G.1 regarding the requirement to obtain a unique Development Permit from the Brazos County Floodplain Administrator prior to locating or altering a structure or land shall be placed on the plat. F✓ It is the responsibility of the Owner to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. ✓� Driveway culverts for all Lots shall be designed by a Licensed Professional Engineer. If entrances or driveways are proposed fronting Texas Department of Transportation (TXDOT) controlled highways, farm -to -market Roads, or others, copies of correspondence with TxDOT are required to be submitted with the Preliminary Plan stating that the general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is required prior to approval of Final Plat. aThe diameter and length for each driveway culvert shall be shown on a table on the plat. This ' information shall also be placed in the deed restrictions for the Lots in'the Subdivision. ❑✓ The Owner shall provide a letter of serviceability from an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that - the Lots are suitable for private wells. aAny Improvements proposed within the Right -of -Way including, but not limited to, irrigation; landscaping, sidewalks, Subdivision identification signs, etc. shall be maintained in accordance with an executed license agreement between the County and the Owner. This check list along with the required copies of the plat shall be submitted to the County Engineer for approval. WlLocation and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. All existing and proposed water courses or manmade drainage channels shall be located within a, Common Area to be maintained by Owner. voi.a� 1 _ P9. 134 Every Final Plat must include all of the items provided on the Simplified Plat checklist as well as the following: a For. Road widening and..drainage purposes the Owner shall dedicate the Right -of - Way. In the case of drainage that is provided for the Lots, it shall be located outside of the Right -of -Way in a private drainage Easement. In the case of drainage that is provided for the'Roadway, it shall be located within the Right -of -Way. FIf public Roadways are to `be built as `part of the plat,- the plat note regarding the responsibility for construction of Roadways as found in Appendix G.3 shall be placed on the face of the plat. �✓, The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. aindicate the centerline length of each Road in the proposed Subdivision and its desigh' speed. PIf more than four mailboxes are to be provided within the Subdivision, cluster mailboxes shall be provided and the location of such shall be indicated on the plat. �✓ If. the Roads within the Subdivision will be- privately maintained, include the ..`appropriate note(s) per the requirements of Article 8 of these Regulations. Locations of existing and proposed private alleys. Locations of existing and proposed public areas. Locations of other Public Improvements, including but not limited to parks, schools and other public facilities. All Off-site Easements for infrastructure construction must be shown on the Final Plat with. a volume and page listed to indicate where the separate instrument Easements were filed. Separate instrument Easements must be filed prior or concurrently with Final Plat. aProposed phasing. All phasing shall be in accordance -with the approved Master Pian and/or Preliminary Plan and each phase must be _able to .stand alone to meet requirements of these Regulations. infrastructure costs should be separate for each phase of the Subdivision. Location and size of all existing and proposed subsurface and surface water ; drainage facilities, including water bodies on or immediately adjacent to the subject property. �✓ If the. proposed Final Plat is to be a Private Subdivision (containing privately maintained Roads), the title of the plat shall contain the phrase, "A Private Subdivision". Refer to Article 8 for additional requirements. VIn the case of an On-site Sewage' Facility (OSSF), the Developer shall be responsible for providing 'a Development Plan, as performed by a Professional Sanitarian, -a Licensed Professional Engineer, or person certified as required by _ TCEQ Title 30 TAC Chapter 285. The sewage disposal plan shall be performed according rules and regulations established by the Brazos County On-site Sewage Facility (OSSF) Order and TCEQ Title 30 TAC Chapter 285. Vol. 2)D hg. i x i ' ..A' •1. `� mea b3 R i fill-, / � /�.i rd .1 '^,e`.t` u�xm • �� .. _� icy[".a.aY "m,ar ,.��```<�,�-' ' a y uv,a a�I'� �-_ `Rir • 'ar _ y. a • Nm�--. av:o- ��.^.^^...^"S�^q �-' ao�r.ii. •..,. 1 p ................. .... •ut �� L41 Blocic ,fie. iii „• %/ tlt °�» 'G m-- �".; `� � :� /j /.•i ... �."'b•'-meq o:� ��;:.,. ,, r �1� // n.� ��� � _ ...�,,� ®; ate:: �- �.::, 111 /' -� �-. =' i� �\� � � "• ��! ems.-.. v< � N`;:.. ..a.....':.. a.. �.°'r• .- �.' vr.....� Awadc= M. ar.. ..mwree. W.aas aa.. ww.im wWa.w.r-••L:irru �.•.u�q-"fir orrr �� � u.s.o�sm�w-aaa,am mara.n.� nW ora.rr. veae i1 4 u"~ -"r �•• � `'•. u.,•.., N w ...e( amen r •1 •_m .F4m rab wa M n �. w.sm �om�.et ra'�'ir4 Ma�•'i.�y w"o ��. u ry:_ia ramy'� '� . _ �raysa.a�•....e.w-w° U r -e Iier �"mra .....,r w r � w.• Waosau_1.� mn���.,..m w..>.-•+.... rib... mr. .�aW`i .ee..�e, .m a. r r .ua. a a •a.n ..A a. r n«i:ir u�.r e.sm. r�r+wwro.-.--e.ror �)� aa1O)u-"•n.e� m � e. r...s.u....a.e. o.Nn.n> ..•..� ....or n w ..wn.. ..a., w'.Ti �u.ar.im d s war"'n•+r. i..d�"` a nw w� n.•aa.. °a'•n.o..n++..... Www-. on ..w w.r o.e� w -N r.'mer - _ •r.e. ., r waa aur! r.r.na �� w, ru�l� u..wr. rw'mh .,w" sm em •r aeur. �naaw�,`.iu� r rmyvaw•Soua aur o..4.u• . uaa raa ��•,�� � sem= yam_ - a. VICINITY MAP PINAL PLAT INDIAN LAKES SUMUISION, PHASE M BLOCK 43 - 1.075 1-13,"WD COMMON ARFA 33798 ACRES .ut 6 l -r SiIRY£Y, - awzas caunr. /ezes F�n BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters APPR Braws County Judge Steve Aldrich commissioner pC1.1 Samnry Calatena 9 Commissloner Fla 2 Duane Peters Date Nancy Berry County Judge Commissioner Per. 3 Irma Couley Cammissloner Pct. 4 OWNER(S): Cynthia Ann Hodges Cllc�l -701 ll. ADDRESS: 17100 Wilson Pasture Road Bryan, Texas 77808-6340 Brazos County Road ✓£ Bddge Dept, 21317 Hwy 21 West Bryan. Texas 77a113 office: *979.822.2127 Far. 979-77"463 Ill. LOCATION OF WORK: 1.4 miles northeast of FM 974 on Wilson Pasture Road R81499 — A. D. Lancaster Survey, A-150, Tract 13.2, 10 acres IV. DESCRIPTION OF WORK: Request permission to enter property to clear brush on curve for better site distance. County would need to go a distance of 20 feet into property. Site is located in Precinct 2. Additional Comments: V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: NA I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. Owner's Signature: Date: Cynt _a Ann Hodges . riv", Prait, ana Banerji' Darrell W. Kolwes County Engineer Right of Way Agent Vol. 30l pg. 2)u Item Coversheet BRAZOS COUNTY BRYAN,TEXAS Page I of I 0 DEPARTMENT: . CC 2019 - Utility Permit - Road and Bridge NUMBER: Hawkwood Energy, LLC - Goodson Bend Road - 3,757' of temporary water line DATE OF COURT MEETING: 9124/2019 ITEM: Consider and take action on the Hawkwood Energy, LLC utility permit to install a temporary 8° Polyurethane water line within and along the right-of-way of Goodson Bend Road a distance of 3,757 feet. Project will provide water to an oil well. Site is located in Precinct 4. TO: Commissioners Court FROM: Darrell Kolwes DATE: 09/18/2019 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Utility Permit- Hawkwood Utility Permit - Hawkwood Enerav LLC - Goodson Bend Road - 3 757 of temporary water line odf Energy, LLC - Goodson Backup Bend Road - 3,757' of Material temporary water line PRO ,!] /9 Duane Peters ate County Judge vol. Pg. 130 httns://brazos.novusagenda.com/ALyendaWeb/CoverSheet.asnx?TtemTD=19457 9/20/2019 APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Hawkwood Enemy+. LLC [company name], hereinafter referred to as "Company" a Delaware [slate] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Length of TYPE OF CONSTRUCTION Road Namc & Block Number Crossin (CHECK ONE) Bored Jacked Driven Cased Facility to Parallel County Road Within Right -Of --Way Road Name and Block Number From To Depth Distance GOODSON BEND RD 30.523271 30.514291 On Surface 3,757 feet -96.473473 -96.475996 CONSTRUCTION TYPE 8" Diameter t/a" Wall Thickness Material Specification Polyurethane (Flat Hose) Maximum Operation Pressure 100 PSI The location and description of the proposed installation and appurtenances must be fully shown on the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction /work within 7 working days. (COMPANY MUST FILL IN). 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 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 ag—reed that the righis*and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or Vol. 30k pg 13� expense arising in any manner on account of the exercise .or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (i.e. depth, location, etc), Company assumes all financial responsibility far damages and/or destruction of lines, cables, etc. based upon its failure to comply with Brazos County requirements. Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy, Applicant stipulates that requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies. This permit is a -revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, or far any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction shall constitute groundsfor job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. In, PAtiLn,00 eegi/ Company Name vil s x'70 �V By. 37 Signature Title P_ o. LFOX Address Co 1 /e 4e TAY '7 72 5"�2 City ' State Zip y7 9 - 25.--.J;2 q- 1?4onp Number tia A MO it WEi�. C Email: Vol.�_ P9. 139 WATER UTILITY APPROVAL Brazos County offers no objection to the proposed (location of the utility in the County right of way as shown by accompanying drawings and notice dated —.1 — %� except as noted below: EXCEPTIONS: „J (Month/DayNear) Brazos County'Erigineer Vol. 3 0 l pg, W(D ROAD RIGHT-0mft y G ` —J5c"'- lve-"j C ENTER LIN E.0 F ROAD RI3HT-OF4IUA �-75-7 .40 PLAN VIEW CENTER LINE TYPICAL SECTION ROAD SHOW NORTH ARROW I x COUNTY ROA6,— S 1. IN CROSSING ROAD OR GOING ALONG RIGHT-OF-WAY, SHOW DEPTH & LOCATION OF CONSTRUCTION 1N TYPE SECTION:& PLAN 2. IN PLAN VIEW SHOW DISTANCE FROM YOUR CONSTRUCTION TO NEAREST INTERSECTION 3. IF ABOVE PLAN VIEW ANWOR TYPE SECTION IS NOT APPLICABLE, THEN SHOW APPLICABLE PLAN AND/ OR SECTION �� si • � � 'L.� k � r,F C v ',.� °I ,fig ,, ^�".Md y_� ��'. ��q'?, �ciW ky �,�' "s j ; ,m y,.. , c `` � �a`'«'*.,.,; F' •Y,F ya � ' � "'�'� °" <� x ' � aha' 4 # w yW � '�`y�;" °. J �'J'^^ 7°L •��^1 � t�M�` � :�y � YY,�,� `�`" �N'"^r�`�1'F�r.„, "'� t w •+;�,,ai$ '•M "� w,'.4'�#� �`e�'iR ws u^ �'Fi�,,� �y {C^«. " bks"'",° �A ':�` _ ��,,.k * ��� ��# .{ »A'u a". r, ,t1 � ✓dp °fit ,t�` ,�� ;v � , ... 1 . � �.,.5 � is .�: 4 y y'r 'i� L .. 7 � r ^�Sy". �, %t'G .� A , r +' .♦'� L X11 F t _ - � 3 +!', � '•^i r .. F ,r ye ��' �# ,y,� irwy( �F iy. � �. l 4 X� - •�y � ��" . jq ^y t i' � �..� 'ter' �fi"S �.. ���'S r a}, }�:i � ��.., �,,, �• �" � � �� � � •, �+,�'� � r` ' .. a ,,_ ,r•. i y .' � � �.xr�A t�tk � � rp Aa�lr=`�� �' n�'�'Y.,y,'.'� -A2A4 r a y +/ .* „sy .fir" ,x i � y+% �1 �i M •,v-{ �,XY �ra �a 1 �u .x Z�A�,�.'�. 1dT'i:. Ey'" t, r ✓ _.. *ti `�'"'" IV r « rt .,.- '=;1r y''_ .�* !Qia��* e< �"� �'9' -•sa. tri ,NCt' ..#; ' ,. ,,,,yy ,,'!Ma mak;?t ;"3''A"`,+3f.,r �'-' E•° n `.dv"»�',` w. .erW V x'.. ' t " '-+. i:, w..l 4 , t � �o- , t �� � # Il^I» k� ,& J."�'�. t .at;, 4 w ii.✓ ���'r K aJ' I, "k�t�``r¢." '� '�"' v � .� ,: '� f{ c � "i •� ����; fit. vsah" ;�{ � H'�ry�a��" ,y�a,,�y�'�,y h. Al ZIM , BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Reaulrementr I . Adequate drainage shall be maintained in ditches at al l times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide Iists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B -&e& Reuuirements 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 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. 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 Tra ie Control Plan 1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic . controI measures pursuant to the TMUTCD; voa.off_ pg.1�3 b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; 2. PIan 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. Desire 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 Tevas 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. 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 shirty -six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power— 0 to 2 feet, nominally 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 or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; Vol. 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 control measures in place.. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (I0) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon. as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements.. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. En ergencv work 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 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 facililies 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities I . When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated thereon, as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company, and at the expense of the Utility Company. H. Hieb Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Tyne of Pipeline below dee est ditch rade Snecial 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. 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I oR q i I 11 6 VOID I �� Dl •1-1212 g nail ffm R p X14 � 4 E i x � • Sq R� gg 55 o �� yet .leu -$I .091.111, n .100 1215 -tmul 1.0%7 rvolioroe AH3 •9U11.O111,Z avnI MOM arae SPooH louol4uBMt03 83G1n0HS UV3N 30VdS MHOM (0(-Z) 41 o1-wu a1llilY I )MOM p avDa � I s p I i y ;Q RR I I IG 7 Y t6{ou 12.51 I '!nw DOlu+6+f 1.•+066 Sp Ku mjt K 10 Il, .11. Y1a 6 .1 DOJO aq Acro 111W >Vi= Ih.O.O P I x e @, t { 5 ! I oR q i I 11 6 VOID I �� Dl •1-1212 g nail ffm R p X14 � 4 E i 1722 Broadmoor Ste. 105 ATRONG Bryan, Texas 77802 CI` Phone: (979) 776 — 9836 URVEYING, LLC Fax: (979) 731— 0096 FIRM NO. 10093500 Email: curtis@strongsurveyin8.com .Y September 11, 2019 Darrell W. Kolwes Right of Way Agent Brazos County Road & Bridge 2617 SH 21 W Bryan, Texas 77803 Office (979) 822-2127 ext. 3033 Cell (979) 277-2273 RE: Proposal for Boundary and Topo Improvements for Femll Creek Road Dear Darrell, I appreciate the opportunity to provide professional land surveying services for Brazos County Road and Bridge. Please let this letter serve as a cost estimate for providing the following tasks: 1) For setting horizontal and vertical control along Ferrill Creek Road from FM 974 to 4900 11 southeast — The Cost Will Not Exceed $ 4,000.00. 2) For preparing topographic Survey of Approximately 4900'1.f. along Ferrill Creek Road from FM 974 to 4900 Lf. southeast - The Cost Will Not Exceed $12,125.00. 3) For surveying and preparing plats and field notes for the following taking tracts: (Note — This cost is based on heavily wooded tracts that will need to be cut out to locate boundary corners) a) R 11524 — Carrabba Brothers, Inc. b) R 10165 --Terry c) R 10171— Broken A Holdings LLC d) R 10166 —Teague e) R 10170 — Noak Q R 10172 — Williams g) R 10174 —Aragon h) R 10182 — Childers APP i) R 301841— Smith j) R 10186 —Phillips k) R 10188 —Joseph 1) R 10187 — Fergusson j m) R 115033 - Fergusson Duane Peters. Date County Judge The Cost Will Not Exceed $ 38,750.00. YQ#. CI)o Pp. I722 Broadmoor Ste. 105 �y TRONG .. Bryan, Texas. 77802 Q 1 Phone: (979) 776::-? 9836 kj URVEY'ING, LLC Fax:.(979) 731.-0096 t FIRM NO. 10093500 Email: curtis@strongsurveying.com 4) New R.O.W. staking at approx. 1 00'intervals. The Cost Will Not Exceed $ 10,000.00. The TOTAL COST FOR ALL SERVICES WILL NOT EXCEED.$ 64,875.00. Topographic Survey — contacting DIG TESS for utility locates, surveying and preparing a topo survey of the area as described on approximately 50' intervals and ail major breaks for a distance of approximately 8500 I.f. All above ground features. will be located along with any underground utilities that are marked by their respective owners. Any utilities not marked will not be shown_ . Easements — Utilities such as Water, Sewer, Electric, etc.. will be shown if located on the ground by their respective owners. Plats, drawings, construction drawings showing any easements will be needed to depict any easements that may apply. No easement research will be performed by Strong Surveying, LLC as we will rely on current copies of maps or drawings to be fumished tows. Should you have any questions regarding this proposal, please give me a call at 979-776-9836. Sincerely, H. Curtis Strong, RPLS Via:email 1111 v 9rM0 TOcacllocorc oconov This report is submitted as true and correct to Commissioners Court b�� (X�J� Brazos County Treasurer, on CASH BALANCE 6/30/2019 INCOMING D TEXPOOL &T INTEREST -3ufy SUB TOTAL DISBURSED CASH BALANCE 7/31/2019 INVESTED CK,ACCr.BAL 7/31/2019 MOD - GENERAL FUND 81652 686.08 5 968 554.75 71,186,68 B7,692,427.51 9,845,327.72 77 847 099.79 34 965 44533 42 881654.46 0200 - COUNTY HEALTH ENDOWMENT FUND 731377.92 541.47 731919.39 731,919.39 73191939 110D - HOTEL OCCUPANCY TAX 1987 49.47 279 287.24 Z265,636.71 30,00836 2,236,62B.35 Z236,628.35 1200 - STATE LAT -RAL ROAD 91 1934 67.76 - 91587.10 9U87.10 9U87.10 1300 - UNCLAIMED FUNDS 206 9224 152.32 - 206,244.S6 34950205 895.06 205 895.06 1500 - LAW LIBRARY 55162.40 4 680.45 59 842.85 11760.60 48,0125 48 08225 1700 - ALTERNATIVE DISPUTE RESOLUTION 3,240.00 3,345.00 - 6 585.00 3,240.00 3,345.00 3,345.00 1800 - LEOSE FUND 46 924.09 - 46 924.09 3,786.64 43137.45 43137.45 1900 - COUNTY RECORDS MANAGEMENT 416 683.86 8,814.58 425#490.44 33129.77 392 368.67 392 368.67 2000 - COUNTY CLERK MGMT.FUND 988 475.05 33 BD4.47 1,U22,279.92 17 31.92 1004 448.00 1004 448.00 2001- COUNTY CLERK ARCHIVAL FUND 1640 986.77 33 59.27 1674 345.04 15311430 1521231.74 1521231.74 2200 - COURTHOUSE SECURITY FUND 122,752.71 7131.96 129 884.67 33 977.84 95,906.B3 9S,906.83 2201- JUSTICE COURT SECURITY FUND 95,5B.72 956.15 - 96 481.8796 481.87 96 1.87 2300 - DISTRICT CLERK MANAGEMENT FUND 186 938.01 1670.61 190 608.62 19D,608.62 190 608.62 2301- DISTRICT CLERK ARCHIVAL FUND 98116.53 1777.40 99 893.93 2,980,38 96 ,913.55 95,913M 2400 - JUSTICE @ PEACE - TECHNOLOGY FUND 17191537 2,89S.14 174810.51 4,232.24 170 578.27 170 578.27 2401- CO.& DIST.000RTTECHNOLOGY FUND 78 032.12 781.46 78 813.58 78 813.56 78 613.58 2500 -SPECIAL FORFEITURE FUND 24 851.05 46.15 24 897.20 24 697.20 24 897.20 2600 - D/A HOT CHECK COLLECT FEES 3,957.72 293 31960.65 3,960.65 3,960.6S 2700 - BAIL BOND BOARD FEES 96 043.91 571.10 96 615.01 96 615.01 96 615.01 2800 - VOTER REGISTRATION 8,488.59 4,730.28 13X8,87 4227.14 8,991.73 B,991.73 2900 - VIT INTEREST FUND 250 422.71 531.75 250 954.46 1225.72 249 728.74 249 728.74 3000 - COUNTY GRANTS 105 770.99 245 203.40 350 974.39 180 435.10 170,539.29 170 539.29 3400 - D/A CRIME FUND 138 522.11 50255 139 024.66 139,024.66 139 024.65 3506- PRIMARY ELECTION SERVICES 38,327-34 3,079M 41406.86 41,406.86 41405.86 3901- BC HOUSING FINANCE CORP -79,753.80 59.04 - 79,812.84 79 812.84 79 812.84 4317 - 2017 CERTICATES OF OBLIGATION 14 453 956.22 762.30 27 40.77 14 482 259.29 703 067.17 13 779192.12 13 451 8.18 327 353.94 4500- GEN.PERMANENT IMPV, 10 463 246.51 10 463 246.51 150 869.00 10 12 377.51 10 312 77,51 5000 - HEALTH & LIFE INSURANCE S,410,197.12 1,308,35B.53 - 6 718 555.65 1678 80931 5 039 746.34 5,039;746.34 6000 - PAYROLL 1027 722.51 880 932.48 - 3 908 654.99 2 50 66952 1057 985.47 1057,985.47 9100 - HEALTH DEPARTMENT 573 34.85 156,241.06 729 575.91 277 91724 451658.67 451.658.67 9700 - COMMUNITY SUPERVISION 1,109,177.91 211,135.OB - 1,320,312.99 290,435.13 1,029,677.86 - 1,029,877.86 ' TTL AF- ACCTSSN POOL 122,359,$5142 •11;159,976.20 98,727.45.• _133,618,255,67 16,277,394.60 -'117,340,860.47 46,417 283.51 _68,423,57696 4100 - GEN.OBLIG.DEST SVC. 15 356 096.37 296 0.70 25 931.92 15,678 318.99 15678 316.99 17,909,017.31 2 769,301.68 1600 - LOCAL PROVIDER PARTICIPATION 5 288 909.94 2,415 B7fi.11 8091.47 7 7 877.52 3 118 615.14 4 594 26238 4020194-85 574 067.53 _...:.......:..:..........................• •i+:i:+:s'r'si:i:i:RB':+. o-•av-,a•, ,:,. •,:,.:a:;o->•:•:::. :i:+:i�E•i.i•i•i:i' i i'•ifi+ifi?. •.. i•..:::. � :.:.: ...'i:f:i:g:i=;:i:..:.:. s, ,.i.� i�i•;:i-i:i:i:i:;:i: f;;;i+; f ' r:. � ,..:...... i :. � .::..... .......... � ,-i;iiii;:,:,-� :-,.,-,.r.:.s.:.,.i.,. ;� i:i:iie:::n:. r::..::....a•:-,-, ,. •.•,..: a .:..,e•c-,-,.,.f.:.:.:.� TOTAL 143,004,557.73 13,872,1A3.Ok 132,7SO.81k 157,009,451.58 19,396,009.74 137,613,441.84 65,346495.67 •:r:::. :•:.::............ . 72,266,946.17 This report is submitted as true and correct to Commissioners Court b�� (X�J� Brazos County Treasurer, on The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this vT day of A.D. 2019 aren McQueen _ p% County Clerk, Counly of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this T day of Duane Peters, County Judge Xya Z Steve Aldrich, Commiss'oner Precinct #1 Sammy Cataiena, Commissioner Precinct #2 Nancy B 'ssiq�er Precinct # Irma Caule�oma4sim3EPrecinct #4 Treasurer's Report for the MONTH JULY 2019 Vol. pg.;i"SI SUNGARD PENTAMATION DATE: 09/19/2019 BRAZOS COUNTY, TX TIME: 12:27:56 BATCH JOURNAL ENTRY EDIT LIST CONTROL NUMBER J E NUMBER DESCRIPTION PERIOD/YR STATUS RECORD FUND DIV/FUND ACCOUNT PROJECT ACCOUNT- ITEM DESCRIPTION 09-24—CC 090149 EXPO INCENTIVE REWAR 12/19 COMPLETE 375805 1100 11002500 71530000 ;: INCEN REWD RANCH SOR 375806 1100 1100 11005200 a EXPO INCENTIVE REWAR 375807 0100 0100 11005200 EXPO INCENTIVE REWAR 375808 0100 0100 41011000 INCEN REWD RANCH SOR TOTAL JOURNAL ENTRY 09-24—CC 090150 K KYRIELL 9.5.8.19 12/19 COMPLETE 375809 0100 0100 20113350 K KYRIELL 9.5.8.19 375810 0100 22100100 61801000 K KYRIELL 9.5.8.19 TOTAL JOURNAL ENTRY TOTAL CONTROL NUMBER TOTAL REPORT G O i cc Itr 0 PAGE NUMBER BJOURN11 DEBIT AMOUNT CREDIT AMOUNT 500.00 500.00 500,00 500.00 1,000.00 1,000.00 811.78 811.78 811,78 811.78 1,811.78 1,811.78 1,811.78 1,811.78 1 APPROVED u e Peters bate County Judge BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2018-2019 BUDGET YEAR NO. 18/19 51.1— 51.4 On this the 24th day of September 2019 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 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 24th day of September 2019 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 24th day of September 2019. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget voo. 301 Pg.153 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No.18119 - 51.1 912 412 01 9 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Sheriff Administration Jail Benefits 210,000.00 General Fund Sheriff Administration Jail Sal. & Wages 210,000.00 Sheriff Administration - Jail Reallocation of funds to the appropriate department's account to cover overtime for the remainder of FY 19. DepartmentA.PProval;, .._..- -- L'Date_:..z Cou , _Judge Approval._. 30l Pg, 15� VolE FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 28002000 53300000 CR Employee Health Insurance 210,000.00 0100 28002000 51620000 DR Overtime 210.000.00 30l Pg, 15� VolE BRAZOS COUNTY, TEXAS B4DGETAMENDMENTS No. 18119 - 611 Depa, q Approve Date nnp, 9/.11/2019 4 C n Judge ApprolV1.1 DaWl For Accdb�htftinii r6dsis,OgW-,� T f- 14 A&W-Ammu P�MkYel FUND DIV --ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 56001000 65250000 CR Diesel 5,500.00 0100 56005000 71701000 DR Solid Waste - Hauling 5,500.00 voi. 30 1— pg. 15 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 18119 - 51.3 9/24/2019 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fwd Commissioners' Court Court Support - Civil Salary & Wages 300.00 General Fund Commissioners' Court Court Support - Civil Benefits 300.00 Commissioners' Court - Court Support Civil Reallocation of funds to the appropriate department's account to cover benefits for the remainder of FY 19. t 7Departtnent;Approval 13 Foraccountin Pa ect)n7 :iii �a;_>r . �,fi °' h•• _ . f_- ia't s g c ? 5 r .z 15 ti-:= FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease OI00 11020000 51642000 CR Visiting Bailiffs 300.00 0100 11030000 53100000 DR Social Security 300.00 Vol. pg. Csz BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 18/19.51.4 9/24/2019 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Non -Departmental Minor Acquisitions 4.324.20 General Fund Information Technology I T Services Minor Acquisitions 4.324.20 FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 11000500 67203000 CR Minor Computer Hardwam 4,324.20 0100 14000200 67203000 DR NlinorComputer Hardware 4.324.20 Commissioners' Court and Information Technology Reallocation of funds to the appropriate department's account to pLwclinse a replacement Panasonic Tou h ad. *^° '--•�.:. �--c,.-�-- ?r: s3 it ". �" �' t � t N #IxaiTi tCounty' ii ge�Approval ' 3,z{ 3„ z Date },� {' -` ._:,•�, ,� ..�.-.,. �... ��c ,r ;','�- �,�.: `e""fa 't+h �. mak:'°' Sv.; _ `' _ �#-tov=�i`;t" P� z�-�.a<: FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 11000500 67203000 CR Minor Computer Hardwam 4,324.20 0100 14000200 67203000 DR NlinorComputer Hardware 4.324.20 vol. _3D1_.__ pg. 157 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 24 September, 2019 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 Juvenile Services - Detention Dillon, Jeffrey Separation Records Management Allen, Lynn Separation Road and Bridge Dawson, Donald Employment Stringfellow, Brandon Employment Sherriffs Office - Detention Center Brown, Tra`Varis Employment Tindel, Matthew Employment Tax Office Garcia, Maria Change of Status Approved in Commissioners' Court: 24 September, 2019: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) PERSONNEL CHANGE OF STATUS REQUESTS I Commissioner Court Date: 24 September, 2019 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 272nd District Court Bryan III, Travis Change of Status Parker, Lisa Change of Status 361 st District Court Associate Judge #2 Chambers, Tiffany Massey, Patrick Swan, Misty Auditor Cao, Thao Conner, Katie Deng, Fang Hickman, Thomas Lozano, Rosa Mason, Megan Murph, Beverly Pratt, Brian Rushing, Cheryl Talley, Diana Zdunkewicz, Cindy Brazos Center Bruce, Robert Franze, Kirby Hare, Rhonda Maxwell, Stephen Maxwell, Stephen Sustaita, Miguel Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Separation Employment Change of Status 1 Budget Jett, Irene Change of Status Payne, Nina Change of Status Commissioners Aldrich, Steve Berry, Nancy Catalena, Samuel Cauley, Irma Gallego, Candy McLeod, Ruth Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Constable - Precinct 1 Brown, Philip Change of Status Huet, Robert Change of Status Reeves, Jeff Change of Status Constable - Precinct 2 Lampo, Donald Change of Status McDermott, Christopher Change of Status Piccolo Jr., Tony Change of Status Wendt, Stephanie Change of Status Constable - Precinct 3 Lively, Calder Change of Status Constable - Precinct 4 Butler, Isaac Change of Status Harris, Kimberly Change of Status Pineda, John Change of Status Thomas; Adrian Change of Status County Clerk Admin. Baker, Deborah Change of Status Barcelona, Catherine Change of Status Davenport, Winstonia Change of Status Green, Kim Change of Status McQueen, Karen Change of Status Ocon, Rebecca Change of Status 2 Vol. 2)d Pg. U Q C County Clerk Records Management Cohen, Susie Change of Status County Court at Law Hammond, Terry Newton, Tiffany Scott, Bradley Faust, Kristen Matzke, Amanda Change of Status Change of Status Change of Status Change of Status Change of Status County Judge Anderson, Marsha Change of Status Harris, Desmond Change of Status Leggett, Aubrey Change of Status Peters, Duane Change of Status District Attorney Parsons, Jarvis Wood, Nathan Change of Status Change of Status Elections Administration Hancock, Trudy Change of Status Emergency Management Bailey -Meade, Michele Change of Status Ware, Jason Change of Status Exposition Complex Accord, Austin Bernal, Matthew Cammack, Lonnie Dempsey, Darla Jackson, Angelia Lambert, Joshua Monarres, Gerardo Stolte, Shelby Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Exposition Complex (HOT) Foster, Jacqueline Change of Status Warford, Tammy Change of Status Vol. p9• ll ol 3 Facilities Services Allen, Keith Change of Status Change of Status Beltrand, Pamela Change of Status McLevish-Hughes, Madeline Conde, Isaias Change of Status Change of Status Hayes, Kenneth Change of Status Joseph, Kyle Change of Status Knapp, Cory Change of Status Leblanc, Joshua Change of Status Lyon, John Change of Status Martinez, Carlos Change of Status Mayo, Matthew Change of Status Parra, Fernando Change of Status Roach, Charles Change of Status Scarmardo, Jeanine Change of Status Simpson, Darrell Change of Status Stutts, Ernest Change of Status Turek, Shelley Change of Status Fair Administration Lockhart, Fiona Change of Status Heavy Fleet Arredondo, Amber Change of Status Galindo, Calistro Change of Status Light Fleet Holloway, Dwayne Change of Status Human Resources Bates, Amy Change of Status Garcia, Deyanira Change of Status Herrera, Raeanna Change of Status McLevish-Hughes, Madeline Change of Status Mendez, Mary Change of Status Salazar, Jennifer Change of Status Information Technology Caldwell, Eric Change of Status Vol. 2)0A Pg. � U oZ 4 Justice of the Peace Pct.1 Box, Mary Change of Status Elliott, Kenny Change of Status Elliott, Wanda Sue Change of Status Justice of the Peace Pct. 3 Cancino, Irma Change of Status Giles, Karen Change of Status Hobson, Daicia Change of Status Juvenile Court Referee Luna, Aida Change of Status Juvenile Services - Academy Goosby, Johnnie Change of Status Storm, Jenna Change of Status Zimmerman, Lori Change of Status Juvenile Services - Admin Criddle, Steven Change of Status Crist, Stephanie Change of Status Frank, Michael Change of Status Hein, Joel Change of Status Hendricks, LaTonya Change of Status Johnson, Christena Change of Status Mend iola-Washington, Guadalupe Change of Status Pennington, Shawn Change of Status Piccolo, Barbara Change of Status Taylor, Jannifer Change of Status Vento, Teresa Change of Status Whetstone, Artis Change of Status Juvenile Services - Detention Deleon Jr., Maximo Desir, Raymond Gooden, Shatner Mable-Bazy, Kami Juvenile Services - JJAEP Davis, Wilbert Vol. 30l pg - J Change of Status Change of Status Change of Status Change of Status Change of Status W1 Farris, Kari Change of Status Ramirez, Ann Change of Status Truelove, Sharla Change of Status Juvenile Services - TJPC State Aid Hardin, Christina Change of Status Heard, Shenita Change of Status Taylor, Ashley Change of Status Juvenile Services - TYC Parole Calzada-Sanchez, Sandra Change of Status Morales, Paul Change of Status Risk Management Contreras, Leslie Change of Status Mendez, Richard Change of Status Records Management Nelson, Diana Change of Status SherrifPs Office - Administration Contreras, Ignacio Elmore, Lindsay Field, Carla Fraley, Kristopher Grissom, David Hall, James House, Garrett Kirk, Christopher Kristof, William Lindley, Doug Losack, Jerome Lyday, Jayson Martinez, Paul McCarroll, Sean Montoya, Patrick Oldham III, Clarence Ortega, Gabriel Pauler, Don voi. SOL_ Pg.—LLQ4-- Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status t;i Poe, Ryan Change of Status Ramirez, Edward Change of Status Re, Brittany Change of Status Rueda, Daniel Change of Status Santana, Guadalupe Change of Status Sifuentez, Gabriel Change of Status Sowders, Lynda Change of Status Stumpf, Michael Change of Status Wheat, Lee Ann Change of Status White, Steven Change of Status Williams, John Change of Status Sherriff's Office - Jail Commissary Townsend, Christopher Change of Status Sherriffs Office - CSISD Sherriffs Office - Jail Acosta, Jaime Contreras, Joseluis Williams, Keith Yarter, Jacob Borges, Dayana Hammond, Deborah Henry, Clarence Jackson, Belinda Stuart, Kevin Walker, Reginald Sherriff s Office - Jail Medical Services Barrentine, Wilhelmina Coleman, Kyle Croucher, Rebecca Hail, Glenda Hudson, Lane McGovern, Ronald Mobley, Matthew Moffatt, Darlene Vol. of Pg.�s Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status 7 Tax Office Treasurer Roe, Dorye Grimes, Wanda Villarreal, Christian Approved in Commissioners' Court: 24 September, 2019: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) VoB. Pg. �LotQ Change of Status Change of Status Change of Status § COUNTY OF BRAZOS § STATE OF TEXAS COMMISSIONERS COURTS: DELIBERATION REGARDING CONTRACT BEING NEGOTIATED CONCERNING PROFESSIONAL SERVICES; CLOSED MEETING. The Commissioners Court ("Court") has proposed to deliberate the negotiation of a contract related to professional services agreement in closed session. The Court wishes to deliberate the business and financial issues of the proposed contract. Texas Government Code §551.0725 provides that the Court may deliberate the business and financial issues of this contract in closed session if, before conducting the closed meeting: (1) The Court votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the Court in negotiations with a third person; and (2) The attorney advising the Commissioners Court issues a written determination that deliberation in an open meeting would have a detrimental effect on the position of the Commissioners Court in negotiations with a third person. (3) Notwithstanding Section 551.103(a), Government Code, the Commissioners Court must make a tape recording of the proceedings of a closed meeting to deliberate the information. It is my determination that deliberation in an open meeting would have a detrimental effect on the position of the Court in negotiations with a third person. 7� Edward C. Bull IV Assistant County Attorney Date: Vol. 3�A Pg. 16 7