Loading...
HomeMy WebLinkAbout2019-10-29 10:00AM REGULAR MEETINGBRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA 119 K'T 25 P 2: 28 BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON OCTOBER 29, 2019 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE .106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag - Commissioner Aldrich 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-25: 3. Resolution 19-025 designating the County Judge to apply for, accept, modify, or cancel the 2019 Indigent Defense Grant Program. 4. Resolution 19-026 Providing For The Public Sale Of Property Acquired By the County. . of Brazos From Delinquent Taxes. 5. Order 19-021 adopting the Tax Rate of 5.7 percent for the Local Provider Participation Fund and designating Compass Bank as the L P P F depository. 6. Order 19-022 establishing the following: • a. the Fiscal Year of the LPPF to match the County Fiscal Year. • b. adopting a payment schedule for mandatory tax payments • c.adopting rules to request.intergovemmental transfers • d. making additional and/or early payments to the fund by participating hospitals • e. authorizing the county to withdraw twenty thousand dollars ($20,000) from the fund for administrative costs. 7. Approval of the Following Job Description: 1. Courthouse Security Officer (Class Code 1452) for Sheriff's Office 8. Request permission to expend $1,000,000 budgeted in fiscal year 2019-2020 for Other Vol. s30`%v Pe. � 3 Post Employment Benefits. The funds will be transferred to the OPEB trust managed by Public Financial Management and be invested; principal and earnings to benefit Brazos County retiree health insurance. 9. Request from Facility Services for Payment Authorization to Johnson Supply in the amount of $383.38 for four invoices that were never received and PO was closed out. Invoice to be paid out of 2019 budget. 10. Request from Facility Services for Payment Authorization to UniFirst Holdings Inc. in the amount of $284.40 for invoices billed incorrectly for employee uniforms, building mops and mats. Purchase Order was already closed. To be paid out of 2019 budget. 11. Request from IT Department for Payment Authorization to Avinext in the amount of $1,845.03 for plugs, audio cable and media tech on-site services. Purchase Order was created but did not account for the required extra parts and additional installation services above the 10% allowed on the P0. 12. Request from Road and Bridge for Payment Authorization to the Association of State Floodplain Managers in the amount of $660.00 for annual membership renewal for four (4) Road and Bridge employees. A purchase order was not obtained in advance. 13.. Permission to advertise bid #20-075 Asphalts, Oils, & Emulsions 14. Approval of the Attorney's Retainer Contract between Ferrer Poirot & Wansbrough, Fears Nachawati, McNamee Hosea, Aaron L. Wiley, and Roger L. Mandel, collectively referred to as the "Law Firms." 15. Approval of Bulk Programming Service Agreement with Digital Direct Communications to provide access to DISH network at the Detention Center. 16. Awad of RFP # 20-001 for Legal. Representation of Indigent Juveniles. Recommended award: Gendron & Thibodeaux. 17. Approval of Contract 20-070 with Guardian RFI D for BCDC. 18. Renewal of Contract # 20-071R Monitoring of Juvenile Offenders with Sentinel . Offenders Services, LLC. 19. Renewal of contract #20-076R for Road Signs and Sign Posts with Vulcan Inc., dba Vulcan Sighs. 20. Approval of the Treasurer's Report for September 2019 & Quarter Ending 9/30/19. 21. Expenditure Journal Entries • FYI 9130163-130164 • FY20100090-100091 22. Tax Refund Applications for the following: • a. Martha Parker - Overpayment $304.47 • b. Gloria Marshall - Overpayment $48.52 • c. Mary Valadez - Overpayment $154.29 • d. Renee Christine Cockroft - Overpayment $68.92 • e. Hugh Lindsay Attorney - Overpayment $25.03 • f. Teresa Posada - Overpayment $82.53 • g. Thomas & Judith Kosub - Overpayment $43.61 • h. AJ's Mobile Homes - Overpayment $19.34 • i. KJ MC DBA Southern Comfort Mobile Homes - Overpayment $11.57 • j. KJ MC DBA Southern Comfort Mobile Homes - Overpayment $18.08 • k. Southern Comfort Homes - Overpayment $12.32 Vol. 2)0� Pg. 4 • I. Devonian Acquisitions - Overpayment $35.74 23. Budget Amendments. Budget Amendments FY 19/20 5.1 - 5.9 24. Personnel Change of Status. Personnel Action Forms 25. Payment of Claims. 26. Acknowledgement of the Investment Report for Quarter Ending 9/30/19 27. Acknowledgement of monthly reports submitted in October, 2019. 28. Juvenile Director's report on detention population. 29. Sheriffs report on inmate population. 30. Announcement of interest items and possible future agenda topics. 31. Call for Citizen input and/or concerns 32. Adjourn. v®im . 304 Pgoays „A 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 Ad ministration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. Vol. 3C -)y Pg.� MINUTES OCTOBER 29, 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, October 29, 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; Nancy Berry, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - U.S. and Texas Flag - Commissioner Aldrich 2. Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items 3-25: 3. Resolution 19-025 designating the County Judge to apply for, accept, modify, or cancel the 2019 Indigent Defense Grant Program. Vol. 30q Pg. The Court voted unanimously to adopt Resolution 19-025 designating the County Judge the authorization to apply, accept, decline, modify, or cancel the grant application for Indigent Defense Formula Grant Programs and designating the County Auditor as the Financial Officer for this grant. A copy of the resolution is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 4. Resolution 19-026 Providing For The Public Sale Of Property Acquired By the County of Brazos From Delinquent Taxes. The Court voted unanimously to adopt Resolution 19-026 directing the Brazos County Sheriff to conduct a sale of property for delinquent taxes on the first Tuesday in December, 2019 as prescribed by the Texas Rules of Civil Procedure and Texas Property Tax Code 34.05 (c) and (d). A copy of the resolution is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 5. Order 19-021 adopting the Tax Rate of 5.7 percent for the Local Provider Participation Fund and designating Compass Bank as the LPPF depository. The mandatory tax rate was set at 5.7% and Compass Bank is designated to be the depository for mandatory payments received by the County. A copy of the order is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 6. Order 19-022 establishing the following: • a. the Fiscal Year of the LPPF to match the County Fiscal Year • b. adopting a payment schedule for mandatory tax payments • c.adopting rules to request intergovernmental transfers • d. making additional and/or early payments to the fund by participating hospitals • e. authorizing the county to withdraw twenty thousand dollars ($20,000) from the fund for administrative costs. Donald Lee with Texas Essential Healthcare Partnerships (TE HP) stated that they are in support of the resolution and asked if the rules will allow the Court to modify if something comes up. Civil Counsel Ed Bull said that it can be modified but it also protects the Court. He added that ideally we do not want last minute changes occurring routinely. Judge Peters commented that he spoke with the County Auditor Katie Conner about approving up to a specific amount and she was agreeable to it. He said it is preferable to have the money in the account before Thursday at noon and then plug in the numbers. He feels this will be easier and less stressful, but would not want to use an amount higher than what is in the account. Mr. Lee said that quarterly payments should ensure there is plenty of money in the account without having to transfer money at the last minute. A copy of the order is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 7. Approval of the Following Job Description: 1. Courthouse Security Officer (Class Code 1452) for Sheriffs Office A copy of the job description is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 8. Request permission to expend $1,000,000 budgeted in fiscal year 2019-2020 for Other Post Employment Benefits. The funds will be transferred to the OPEB trust managed by Public Financial Management and be invested; principal and earnings to benefit Brazos County retiree health insurance. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 9. Request from Facility Services for Payment Authorization to Johnson Supply in the amount of $383.38 for four invoices that were never received and PO was closed out. Invoice to be paid out of 2019 budget. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 10. Request from Facility Services for Payment Authorization to UniFirst Holdings Inc. in the amount of $284.40 for invoices billed incorrectly for employee uniforms, building mops and mats. Purchase Order was already closed. To be paid out of 2019 budget. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 11. Request from IT Department for Payment Authorization to Avinext in the amount of $1,845.03 for plugs, audio cable and media tech on-site services. Purchase Order was created but did not account for the required extra parts and additional installation services above the 10% allowed on the PO. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 12. Request from Road and Bridge for Payment Authorization to the Association of State Floodplain Managers in the amount of $660.00 for annual membership renewal for four (4) Road and Bridge employees. A purchase order was not obtained in advance. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 13. Permission to advertise bid #20-075 Asphalts, Oils, & Emulsions Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 14. Approval of the Attorney's Retainer Contract between Ferrer Poirot & Wansbrough, Fears Nachawati, McNamee Hosea, Aaron L. Wiley, and Roger L. Mandel, collectively referred to as the "Law Firms." A copy of the contract is attached Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 15. Approval of Bulk Programming Service Agreement with Digital Direct Communications to provide access to DISH network at the Detention Center. A copy of the service agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 16. Award of RFP # 20-001 for Legal Representation of Indigent Juveniles. Recommended award: Gendron & Thibodeaux. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded RFP # 20-001 Legal Representation of Indigent Juveniles to Gendron & Thibodeaux. A copy of the bid tabulation and contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 17. Approval of Contract 20-070 with Guardian RFI D for BCD C. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 18. Renewal of Contract # 20-071R Monitoring of Juvenile Offenders with Sentinel Offenders Services, LLC. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 19. Renewal of contract #20-076R for Road Signs and Sign Posts with Vulcan Inc., dba Vulcan Signs. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 20. Approval of the Treasurer's Report for September 2019 & Quarter Ending 9/30/19. The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for September 2019. A copy is attached and made a part of these minutes. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 21. Expenditure Journal Entries • FY19130163-130164 • FY20100090-100091 A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 22. Tax Refund Applications for the following: • a. Martha Parker- Overpayment $304.47 • b. Gloria Marshall -Overpayment $48.52 • c. Mary Valadez -Overpayment $154.29 • d. Renee Christine Cockroft -Overpayment $68.92 • e. Hugh Lindsay Attorney -Overpayment $25.03 d01. 3 C Pg. 0251 • f. Teresa Posada - Overpayment $82.53 • g. Thomas & Judith Kosub - Overpayment $43.61 • h. AJ's Mobile Homes - Overpayment $19.34 • i. KJ MC DBA Southern Comfort Mobile Homes - Overpayment $11.57 • j. KJ MC DBA Southern Comfort Mobile Homes - Overpayment $18.08 • k. Southern Comfort Homes - Overpayment $12.32 • I. Devonian Acquisitions - Overpayment $35.74 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 23. Budget Amendments. Budget Amendments FY 19/20 5.1 - 5.9 5.1 Reallocate funds for Constable, Precinct 4. 5.2 Transfer funds from Non -Departmental to Constable, Precinct 3. 5.3 Reallocate funds for Human Resources. 5.4 Transfer funds from Non -Departmental to Information Technology. 5.5 Transfer funds from Non -Departmental to Information Technology. 5.6 Reallocate funds for Election Administrator. 5.7 Transfer funds from Contingency to County Judge; Budget Officer; Commissioners Court; Fleet Services; Collections; Elections Administrator; Treasurer; Risk Management; Tax Office; Information Technology; Human Resources; Purchasing; Facility Services; County Attorney; District Attorney; District Clerk; County Clerk; 85th District Court; 272nd District Court; 361st District Court, Associate Judge No. 1; Associate Judge No. 2; County Court at Law No. 1; County Court at Law No. 2; Constable, Precinct 4; Juvenile Services; Emergency Management; Exposition Complex; Exposition Complex- Fair Administration; Brazos Center; Ag Extension; and Road and Bridge. 5.8 Transferfunds from General Capital Improvement Fund to Sheriffs Office. 5.9 Transfer funds from Non -Departmental to Information Technology. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 24. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 25. Payment of Claims. Claims 8020280 — 8020486 vol. Soy Pg. a La— Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 26. Acknowledgement of the Investment Report for Quarter Ending 9/30/19 The Court acknowledged receipt of Treasurer's Quarterly Investment Report attached and made a part of these minutes. and ordered filed as submitted the ending September 30, 2019. A copy is 27. Acknowledgement of monthly reports submitted in October, 2019. The Court acknowledged receipt of the Extension Service reports submitted in October 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 3 Justice of the Peace Precinct 4 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Veterans Services 28. Juvenile Director's report on detention population. Juvenile Director Linda Ricketson reported there are 33 juveniles in the detention center, 30 are male and 3 are female, and 26 have electronic monitors. Ms. Ricketson noted that 2 of the 33 youth are from other counties. 29. Sheriffs report on inmate population. Sheriff Chris Kirk stated there were 631 inmates in jail, 536 inmates are male and 95 are female, 57 have electronic monitors and 20 are pending for monitors. 30. Announcement of interest items and possible future agenda topics. Commissioner Berry reminded everyone that early voting is going on this week and next Tuesday is Election Day. She encouraged everyone to vote. Commissioner Berry also announced that the B -CS Sister Cities 30th Anniversary Celebration Dinner is tonight at 6:00 p.m. at the Phillips Event Center. 31. Call for Citizen input and/or concerns There was no citizen's input. 32. Adjourn. Vol. pg. Wit- The foregoing minutes of the Commissioners Court Meeting held October 29, 2019 have been examined and are approved in open Court this 5th day of November 2019, in Bryan, Brazos County, Texas. Duane Peters County Judge //w-A4� S6pj6y Cagfena Commissioner, Precinct 2 Irma Cauley Commissioner, Precinct Attest: C�6LC��� K en McQueen County Clerk Steve Aldrich Commissioner, Precinct 1 Commissioner, Precinct 3 BRAZOS COUNTY COMMISSIONER'S COURT a DAY OF 6, , , 20 /9 AM/ I, A-041tl Name (PLEASE PRINT) WhiE-7J MLQV6 E,1 Rig kAe-'em,w CAJ Pg ' of v f Organization (PLEASE PRINT) C -k Z -f Vol. Ll p'. a5s Name PRINT) Pg 2; u& 1 003 olk T-011, VA Ell -601-0- 16111 0m COMMISSIONER'S COURT DAY OF 6��. 1 A, AD 1(c AM/PW5. fi I A4ek2- P,�� 11A . cWL9 Klimtt)Tt Organization (PLEASE P:1/ -) COMM • �V:� 2020 Brazos County Resolution Indigent Defense Grant Program WHEREAS, under the provisions of the Texas Government Code Section 79.037 and Texas Administrative Code Chapter 173, counties are eligible to receive grants from the Texas Indigent Defense Commission to provide improvements in indigent defense services in the county; and WHEREAS, this grant program will assist the county in the implementation and the improvement of the indigent criminal defense services in this county; and WHEREAS, Brazos County Commissioners Court has agreed that in the event of loss or misuse of the funds, Brazos County Commissioners assures that the finds will be returned in full to the Texas Indigent Defense Commission. NOW THEREFORE, BE IT RESOLVED and ordered that the County Judge of this county is designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Indigent Defense Formula Grant Program and all other necessary documents to accept said grant; and BE IT FURTHER RESOLVED that the County Au s design as financial Officer for this grant. Adopted this day of _ — 201 . Duane Peters County Judge Attest, County Clerk Vol. -30� pg. -25-7— RESOLUTION PROVIDING FOR THE PUBLIC SALE OF PROPERTY ACQUIRED BY THE COUNTY OF BRAZOS FROM DELINQUENT TAXES WHEREAS, the following properties in Brazos County were offered for sale by the Sheriff of Brazos County, Texas at a public auction pursuant to a judgment of foreclosure for delinquent taxes by the District Court; and WHEREAS, those parcels of land did not receive a sufficient bid as set by law and were struck off to the County of Brazos, for the use and benefit of itself and the taxing units for which it collects property taxes, pursuant to TEX. PROP. TAX CODE § 34.010); and WHEREAS, TEX. PROP. TAX CODE § 34.05 (c) and (d) provide that we may request that the Sheriff sell the property at a public sale for any sufficient bid. Cause No. 14 -002469 -CV -272 Lot 6, Block 211, City of Bryan Townsite, Brazos County, Texas (Volume Account No. 000000023103 89, Page 598 and Instrument 1344217, Deed Records, Brazos County, Texas), 408 North Randolph Avenue, (Bid in Trust 9/4/2018) THEREFORE, BE IT HEREBY RESOLVED by the Commissioner's Court of the County of Brazos, Texas that the County of Brazos, Texas hereby directs the Sheriff of Brazos County, Texas to conduct a sale on the first Tuesday in December, 2019 in the manner prescribed by the Texas Rules of Civil Procedure and TEX. PROP. TAX CODE §34.05 (c) and (d). c PASSE,D-,1UTR-0-Vr8,A,ND ADOPTED this the day of �- . , 2019. County Ju7ge - Duane Peters Commissioner, Precinct 1- Steve Aldrich Commission , Precinct 2 - Sammy Catalena County Clerk - KarenAc-Queen STATE OF TEXAS § COUNTY OF BRAZOS § ORDER ADOPTING THE LOCAL PROVIDER PARTICIPATION FUND (LPPF) MANDATORY PAYMENT TAX RATE AND DESIGNATING A DEPOSITORY --_ WHEREAS, pursuant to Chapter 296 of the Texas Health and Safety. Code, the Brazos County Commissioners Court created the Brazos County Local Provider Participation f=und; WHEREAS, the purpose of the Local Provider Participation Fund is to generate revenue to provide the nonfederal share of a Medicaid supplemental payment program by requiring a mandatory payment from institutional health care providers in Brazos County; WHEREAS, pursuant to Section 296.151.(b) and (c) of the Texas Health and Safety Code, Brazos County can set the mandatory payment amount in an amount which is proportional, and which is not to exceed six (6) percent of the aggregate net patient revenue of all paying hospitals in the County; WHEREAS, pursuant to Section 296.103 of the Texas Health and Safety Code, Brazos County SHALL DDESIGNATED ONE OR MORE BANDKS LOCATED IN THE COUNTY AS THE DEPOSITORY FOR MANDATORY PAYMENTS. NOW THEREFORE BE IT ORDERED by Brazos County that for the FISCAL YEAR 2020, the Brazos County Local Provider Participation Fund; a. THE MANDATORY PAYMENT TAX RATE BE SET AT FIVE POINT SEVEN (5.7) PERCENT; AND b. BRAZOS COUNTY DESIGNATES COMPASS BANK TO BE ITS DEPOSITORY FOR MANDATORY PAYMENTS RECEIVED BY THE COUNTY. PASSED, APPROVED, ADOPTED AND ORDERED this 29th day of October 2019 by a vote of ayes and _nays. Duane Peters County Jud VA x.Z. / '—' Commissioner Steve Aldrich Coffi iss er Sammy Catalena Precinct 1 Precinct A CommissionY Nancy Berry IJ Commissioner Irma Cau Precinct 3 Precinct 4 STATE OF TEXAS § COUNTY OF BRAZOS § ORDER ADOPTING RULES IN THE ADMINISTRATION OF THE BRAZOS COUNTY LOCAL PROVIDER PARTICIPATION FUND (LPP1=) AND APPROVING PAYMENT FOR ADMINISTRATION COSTS TO BRAZOS COUNTY WHEREAS, pursuant to Chapter 296 of the Texas Health and Safety Code, the Brazos County Commissioners Court created the Brazos County Local Provider Participation Fund; WHEREAS, the purpose of the Local Provider Participation Fund is to generate revenue to provide the nonfederal share of a Medicaid supplemental payment program by requiring a mandatory payment from institutional health care providers in Brazos County; WHEREAS, pursuant to Section 296.053 of the Texas Health and Safety Code, Brazos County Commissioners Court may adopt rules relating to the administration of the mandatory payment. WHEREAS, pursuant to Section 296.151(d) of the Texas Health and Safety Code, Brazos County can cover administrative expenses that are incurred from the County's activities under Chapter 296, which may not exceed the lesser of four percent of the total revenue generated from the mandatory payment or $20,000. NOW THEREFORE BE IT ORDERED by the Brazos County Commissioners that hereinafter that the Brazos County Local Provider Participation Fund; a. THE LPPF FISCAL YEAR BE CHANGED TO MATCH THE FEDERAL FISCAL YEAR OF OCTOBER 1ST THROUGH SEPTEMBER 30TH (WHICH IS ALSO THE COUNTY FISCAL YEAR). b. ALL MANDATORY PAYMENTS FROM PARTICIPATING PROVIDERS SHALL BE MADE ON A QUARTERLY BASIS. FOR THE 2020 FISCAL YEAR PAYMENTS SHALL BE DUE ON JANUARY 1sT, FEBRUARY 1ST, APRIL 1sT AND JULY 1ST. ANY FISCAL YEAR THEREAFTER SHALL BE OCTOBER 1ST, JANUARY 1ST, APRIL IST AND JULY 1sT c. ANY REQUEST FOR INTERGOVERNMENTAL TRANSFER FROM A PARTICIPATING PROVIDER AND/OR THEIR CONSULTANT MUST BE SUBMITTED TO THE COUNTY BUDGET OFFICER IN WRITING. ALL REQUESTS FOR TRANFER MUST BE APPROVED PRIOR TO TRANSFER AT A REGULARLY SCHEDULED COMMISSIONERS COURT, WHICH IS HELD EVERY TUESDAY (NOT INCLUDING HOLIDAYS OR EMERGENCIES). ALL TRANSFER REQUESTS MUST BE RECEIVED BY THE BUDGET OFFICER NO LATER THAN WEDNESDAY AT 12 NOON PRIOR TO THE REGULARLLY SCHEDULED COMMISSIONERS COURT WHEN THE TRANSFER MUST BE APPROVED. d. ANY ADDITIONAL AND/OR EARLY MANDATORY PAYMENTS MADE PRIOR TO THEIR DUE DATE THAT ARE FOR THE PURPOSE OF MAKING ADDITION FUNDS AVAILABLE TO BRAZOS COUNTY TO TRANSER MUST BE DEPOSITED AND RECEIVED BY BRAZOS COUNTY BY THE SAME WEDNESDAY BEFORE THE REGULARLY SCHEDULED COMMISSIONERS COURT WHERE THE TRANSFER MUST BE APPROVED PRIOR TO TRANSFER. e. BRAZOS COUNTY SHALL BE PAID TWENTY THOUSAND DOLLARS $20,000 FROM THE LOCAL PROVIDER PARTICIPATION FUND TO COVER ADMINISTRATIVE EXPENSES. PASSED, APPROVED, ADOPTED AND D this 29th day of October 2019 by a vote of ayes andrjs, , Duane Peters —' County Judge - Commissioner Steve Aldrich C mmission SanCatalena Precinct 1 Precinat'Z��( J 775;nE:�iie (- � � Z � � � �L4 Y4 A 0(10 Commission Nancy Berry Commission Caul Precinct 3 Precinct 4 Brazos County Job Description Last Updated: September 2017 Template Revision 1.2 08115/2012 Class Number: 1452 Title: Courthouse Security Officer Pay Group: 22 Department: Sheriffs FLSA Status: Non Exempt Reports To: Courthouse Security Supervisor Approved Date: 10/03/2017 EEOC Category: Protective Service Workers General Summary: To Perform the duties of Courthouse Security Deputy as set forth below in a courteous, equal and professional manners. Essential Duties: Include, but are not limited to, the following, and other duties that may be assigned. Operates the x-ray machine and monitors the walk through metal detector and operates the handheld metal detector as the need arises. Makes arrests of persons found to be in violation of State and Federal statutes. Responds to calls for assistance from courthouse personnel and maintains order in the Brazos County Courthouse. Prepares paperwork required for record keeping and offense reports required for prosecution of offenders. Submits all reports to supervisor for approval. Assists other divisions of the Sheriffs Department and other law enforcement agencies as needed. Maintains all screening equipment in good working order. Patrols inside the courthouse on foot, paying special attention to activity In public hallways, hallways not commonly used by the public, court rooms, stairways, offices and jury rooms, taking proper action to insure safety of all workers and visitors in the courthouse. Patrols outside perimeter of the courthouse observing security of outer doors, suspicious vehicles and or person taking proper action to insure safety of all persons on county property. Insure the courthouse is secure prior to leaving work for the day. Other Duties as assigned. �-d�01.ZAV[-�—1 ti Supervision Duane Peters Received: From Courthouse Security supervisor County Judge e Given: This is a non -supervisory position. Education Required: Preferred: Prefer Basle Peace Officer certifications (not on probations) or any equivalent combination of educations and experience which provides the required knowledge, skills and abilities. Experience Required: To successfully perform this job an individual must be able to perform each essential duty satisfactorily. The Required: 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 essential functions. Preferred: Prefer two years longevity with the department. Certificates, Licenses, Registrations Required: Basic certification from the Texas Commission of Law Enforcement Officer Standards and Educations (TCLEOSE). Preferred: Vol. Pg. a� 3 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, and occasionally must lift and/or move objects weighing 100 pounds or more. The employee may occasionally be called upon to perform acts of intense physical exertion during emergency situations. Speck vision abilities required by this job include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Criminal and civil law, investigation and crime prevention methods; and identification records processes and procedures. Safely operate vehicles, firearms, and specialized equipment; physically restrain individuals; read and write reports, letters, and memos; operate a computer and/or typewriter, apply criminal investigative techniques; establish and maintain effective working relationships with other law enforcement agencies, the District and County Attorneys' offices, other departmental employees, and the general public; demonstrate proficiency in both oral and written communication; maintain accurate records; and maintain appropriate necessary certifications, Texas driver's license applicable to job responsibilities, and good driving record. 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 with4isabilities to perform the essential functions. While performing the essential duties of this job, the employee is constantly exposed to emergency situations, In which there is the possibility of danger or physical abuse; the employee must constantly work under time pressures to meet deadlines, perform multiple tasks simultaneously, and work closely with others a part of a team. The noise level In the work environment is usually moderate, but may be noisy and distracting. Vol. � �9. any ATTORNEY'S RETAINER CONTRACT This Attorney's Retainer Agreement ("Agreement") is made and entered into this day of 2019, between Ferrer Poirot & Wansbrough, Fears Nachawati, McNamee Hosea, Aaron L. Wiley, and Roger L. Mandel, collectively referred to as the "Law Firms" or "Attorneys", and BRAZOS COUNTY, TEXAS ("Client"). WHEREAS, The Client has determined that claims should be made against Purdue Pharma, L.P., Purdue Pharma, Inc., The Purdue Frederick Company, Inc., Teva Pharmaceutical Industries USA, Ltd., Cephalon, Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho -McNeil -Janssen Pharmaceuticals, Inc. n/k/a Janssen Pharmaceuticals, Inc., Janssen Pharmaceutical, Inc. n/k/a Janssen Pharmaceuticals, Inc., Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., Allergan , PLC f/k/a Actavis, PLC, Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc., Watson Laboratories, Inc., Actavis, LLC, and Actavis Pharma, Inc. f/k/a Watson Pharma, Inc., AmerisourceBergen, McKesson and Cardinal Health, and/or such other entities as may be revealed in subsequent litigation, which have engaged in various wrongdoing, including but not limited to, violations of Medicaid Fraud, Public Nuisance, Common Law Fraud, Negligence, Gross Negligence, violations of the Controlled Substances Act, RICO, DTPA and other violations of law in the fraudulent marketing and sales of certain highly addictive, opiate -derived painkillers for purposes for which they are neither safe nor effective; and WHEREAS, The Client has determined that the investigation, research, and Iitigation of the claims may require the expenditure of large sums of money and require the work of numerous lawyers, paralegals, and others who are familiar with Defendants' wrongful actions and/or inactions and related issues for an extended period of time; and, WHEREAS, The Client has further determined that it is in the best interests of the city/ county and its citizens that the city/county retain attorneys with significant litigation experience; and, WHEREAS, The Law Firms, are experienced at such litigation and consented to represent the Client, respecting the claims and pursuant to the terms and conditions hereof; WHEREAS, The Client and Brazos County Judge Duane Peters have found, as required by Texas Government Code § 2254.103(d): (1) there is a substantial need for the legal services provided in this Agreement; (2) the legal services provided in this Agreemerii cannot adequately be performed by the attorneys and supporting personal of the Client or another governmental entity; and (3) the legal services provided in this Agreement cannot reasonably be obtained from attorneys in private practice under a contract providing only for the payment of hourly fees, without regard to the outcome of the matter, because of the nature of the matter for which the services will be obtained and because the Client does not have funds available to pay the estimated amounts required under a contract providing only for the payment of hourly fees. IT IS, ACCORDINGLY, AGREED as follows: 1. The Client hereby retains the Law Firms, to investigate, research, and prepare claims or complaint(s) for the Office of the Client to file in any appropriate court or before any appropriate governmental agency. 2. The CIient does not relinquish its constitutional or statutory authority,or responsibility through this Retention Agreement. The Client has the sole authority to settle this litigation, and the Law Firms shall apprise the Client of all settlement offers. The Law Firms shall consult with the Client and obtain his approval on all material matters pertinent to the claims and any litigation arising therefrom; including whether and how to proceed with litigation, which claims to advance, what relief to seek, and whether and on what terms to settle. The Client shall cooperate ATTORNEY RETENTION AGREEMENT Page 1 of 5 Vol. 2LH P9. �to's FERRER POIROT FEARS NACHAWATI p MEMO*L A W F I R M MotleyRlC@ •tro.xrrs •r law fella Orolrl AbeM MON ATTORNEY'S RETAINER CONTRACT This Attorney's Retainer Agreement ("Agreement") is made and entered into this day of 2019, between Ferrer Poirot & Wansbrough, Fears Nachawati, McNamee Hosea, Aaron L. Wiley, and Roger L. Mandel, collectively referred to as the "Law Firms" or "Attorneys", and BRAZOS COUNTY, TEXAS ("Client"). WHEREAS, The Client has determined that claims should be made against Purdue Pharma, L.P., Purdue Pharma, Inc., The Purdue Frederick Company, Inc., Teva Pharmaceutical Industries USA, Ltd., Cephalon, Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho -McNeil -Janssen Pharmaceuticals, Inc. n/k/a Janssen Pharmaceuticals, Inc., Janssen Pharmaceutical, Inc. n/k/a Janssen Pharmaceuticals, Inc., Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., Allergan , PLC f/k/a Actavis, PLC, Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc., Watson Laboratories, Inc., Actavis, LLC, and Actavis Pharma, Inc. f/k/a Watson Pharma, Inc., AmerisourceBergen, McKesson and Cardinal Health, and/or such other entities as may be revealed in subsequent litigation, which have engaged in various wrongdoing, including but not limited to, violations of Medicaid Fraud, Public Nuisance, Common Law Fraud, Negligence, Gross Negligence, violations of the Controlled Substances Act, RICO, DTPA and other violations of law in the fraudulent marketing and sales of certain highly addictive, opiate -derived painkillers for purposes for which they are neither safe nor effective; and WHEREAS, The Client has determined that the investigation, research, and Iitigation of the claims may require the expenditure of large sums of money and require the work of numerous lawyers, paralegals, and others who are familiar with Defendants' wrongful actions and/or inactions and related issues for an extended period of time; and, WHEREAS, The Client has further determined that it is in the best interests of the city/ county and its citizens that the city/county retain attorneys with significant litigation experience; and, WHEREAS, The Law Firms, are experienced at such litigation and consented to represent the Client, respecting the claims and pursuant to the terms and conditions hereof; WHEREAS, The Client and Brazos County Judge Duane Peters have found, as required by Texas Government Code § 2254.103(d): (1) there is a substantial need for the legal services provided in this Agreement; (2) the legal services provided in this Agreemerii cannot adequately be performed by the attorneys and supporting personal of the Client or another governmental entity; and (3) the legal services provided in this Agreement cannot reasonably be obtained from attorneys in private practice under a contract providing only for the payment of hourly fees, without regard to the outcome of the matter, because of the nature of the matter for which the services will be obtained and because the Client does not have funds available to pay the estimated amounts required under a contract providing only for the payment of hourly fees. IT IS, ACCORDINGLY, AGREED as follows: 1. The Client hereby retains the Law Firms, to investigate, research, and prepare claims or complaint(s) for the Office of the Client to file in any appropriate court or before any appropriate governmental agency. 2. The CIient does not relinquish its constitutional or statutory authority,or responsibility through this Retention Agreement. The Client has the sole authority to settle this litigation, and the Law Firms shall apprise the Client of all settlement offers. The Law Firms shall consult with the Client and obtain his approval on all material matters pertinent to the claims and any litigation arising therefrom; including whether and how to proceed with litigation, which claims to advance, what relief to seek, and whether and on what terms to settle. The Client shall cooperate ATTORNEY RETENTION AGREEMENT Page 1 of 5 Vol. 2LH P9. �to's with the Law Firms and use his best efforts to secure the cooperation of other State agencies. The Client is not required, however, to assign any member of his staff to pursue the claims, but may from time to time afford staff and either support services as the Client deems appropriate. The Client shall designate one or more members of his staff to monitor these claims, who will be available directly to the parties in this matter as needed, and the Law Firms shall keep the Client and his designated staff member(s) fully informed on all matters pertaining to the claims. 3. The Client and the Law Firms recognize that the claims present numerous factual and legal obstacles and that no assurance of success on the claims has or can be made. 4. The method by which the fee will be computed. The Law Firms will be compensated by the Client on a contingent fee as defined by Texas Government Code § 2254.101 on the following basis: Attorneys will assume joint responsibility for your representation and the division of the attorney's fees between Attorneys and any associated counsel will be based upon that joint representation and will not affect the amount that Client(s) recovers in any way. Pursuant to Texas Government Code § 2254.105, the percentages referenced below will be calculated on and subtracted from the gross amount of any recovery obtained before any outstanding expenses incurred by Attorneys are deducted. In accordance with Texas Government Code § 2254.106(c) and (d), the amount of the contingent fee will not exceed the lesser of 4 times the total number of hours worked by attorneys, law clerks, and paralegals times their respective Hourly Rates as defined below, or the percentage schedule below: Twenty-five percent (25%) of any recovery up to Ten Million Dollars ($10,000,000.00); plus Twenty percent (20%) of any portion of such recovery between Ten Million Dollars ($10,000,000.00) and Fifteen Million Dollars ($15,000,000.00); plus Fifteen percent (15%) of any portion of such recovery between Fifteen Million Dollars ($15,000,000.00) and Twenty Million Dollars ($20,000,000.00); plus Ten percent (10%) of any portion of such recovery between Twenty Million Dollars ($20,000,000.00) and Twenty -Five Million Dollars ($25,000,000.00); plus Five percent (5%) of any portion of such recovery exceeding Twenty -Five Million Dollars ($25,000,000.00). • , The percentages schedule above remains the same regardless of the stage of the case at which the recovery is obtained, whether the matter is settled, tried, or tried and appealed. "Recovery" includes in addition to monetary damages the value of any and all remedies, legal or equitable. The Client agrees that a multiplier of 4 is reasonable, based on the expected difficulties in performing this Agreement, the amount of expenses expected to be risked by the contractor, the expected risk of no recovery, and any expected delay in recovery. This is not a mixed hourly and contingent fee contract, as that term is defined in Texas Government Code § 2254.107. Attorneys will keep billable time for services rendered pursuant to this Agreement at the rate of $950.00/hour for partners, $700.00/hour for senior associates, $575.00/hour for associates and $250.00/hour for Iaw clerks and paralegals ("Hourly Rates"). All subcontracted legal support will be billed as a case expense, subject to reimbursement in accordance with Texas Government Code §2254.105(5). The Hourly Rates apply to subcontracted work performed by an attorney, law ATTORNEY RETENTION AGREEMENT Page 2 of S M 1 clerk or paralegal who is not a contracting attorney or a partner, shareholder, or employee of the Law Firms, and work performed by a contracting attorney or by a partner, shareholder, or employee of a contracting attorney or law firm. The Client agrees that the Hourly Rates are the reasonable and customary rates in the relevant locality for the type of work performed and the relevant experience, demonstrated ability, and standard hourly billing rate of the persons performing the work. The attorneys' fees will be split between Attorneys as follows: Fears I Nachawati Law Firm, PLLC will retain 33.67 percent (33.67%) of the total net attorneys' fees, and the Law Office of Ferrer Poirot & Wansbrough will retain 33.66 percent (33.66%) of the total net attorneys' fees, Attorney Aaron Wiley will retain 15.98 percent (15.98%), Roger Mandel will retain 15.69 percent (15.69%), and McNamee Hosea will retain five percent (5%). 5. To the extent required by law or Court order, the Client may request that the Court, award the State/County/City and the Law Firms reasonable attorneys' fees not in excess of the fee schedule outlined in paragraph 5 above. 6. All litigation and other expenses, including, but not limited to, court costs, travel, witness fees, consultants, accounting, and expert fees and expenses, as shall be approved by the Client, shall be paid entirely by the Law Firms, but shall be reimbursed, after deduction for attorney's fees, from any gross recoveries from the pursuit of the claims. The recovery for purposes of the contingent fee computation described in this Agreement is the value obtained before such expenses are deducted. 7. If no recovery is obtained for Client, Law Firms shall receive no compensation or reimbursement from the client for attorney's fees or expenses. S. Attorneys will use best efforts to minimize costs. The Law Firms will be proportionally responsible according to the division of attorneys' fees for fronting all case expenses, included but not limited to travel expenses. Client agrees that if there is a settlement or verdict to reimburse Law Firms for all case costs and expenses including but not limited to experts, depositions, copying, filing fees, records fees, discovery and litigation support, settlement and fund administration fees, interest on any firm lines of credit, jury consultants and all other case costs not mentioned herein. Law Firms agree to use good judgment in controlling case expenses. 9. Attorneys, and/or its associated counsel, are hereby authorized to file suit when and in any manner they deem advisable once County/City Attorney approves the complaint; however, the consent of Client(s) must be secured before any final settlement is made. Further, Client empowers Attorneys to take all steps in said matter deemed by Attorneys to be advisable, including but not limited to effectuating a compromise, instituting legal proceedings and to take any other appropriate steps necessary to prosecute the case. All money collected and disbursed to, or on behalf of, Client will be accounted for in an itemized statement upon successful conclusion, if any, of Client's case. 10. With the approval of the Client, the Law Firms may associate other attorneys at its own expense and at no cost to the Client. Notwithstanding such association of other attorneys, this Retention Agreement is non -assignable and non -transferable, nor are the Law Firms' commitments delegable without the express, written approval of the Client. The Law Firms will assume joint responsibility for your representation, and the division of the attorney's fees, between our firm, and the referring attorney(s) will be based upon that joint representation. 11. The Law Firms shall defend and indemnify the County/City for any claims asserted against the county by the defendants related to this action. 12. The Law Firms shall, from the initiation of their work for Client, keep current and complete written time and ATTORNEY RETENTION AGREEMENT Page 3 of 5 expense records as described in Paragraph 15, below. The Law Firms shall maintain such records from the date of this Agreement until not less than four (4) years after this contract expires or is terminated. Such records shall include documentation of all expenses, disbursements, charges, credits, underlying receipts and invoices, and other financial transactions that concern the providing of attorney services. In addition, the Law Firms shall maintain detailed contemporaneous time records for the attorneys and paralegals working on this matter in increments of no greater than one tenth of an hour 13. This contract is effective after review and approval by the Texas Comptroller of Public Accounts. 14. Motley Rice, Fears Nachawati, PLLC, Ferrer Poirot & Wansbrough, and Aaron L. Wiley verify that they do not boycott Israel and will not boycott Israel during the term of this contract. The term "boycott Israel" is defined by Texas Government Code Section 808.001, effective September 1, 2017. The Law Firms further verify that they are not engaged in business with Iran, Sudan, or any foreign terrorist organization. The term "foreign terrorist organization" means an organization designated as foreign terrorist organization by the United States Secretary of State as authorized by 8 U.S.C. Section 1189. 15. (a) Law Firms shall keep current and complete written time and expense records that describe in detail the time and money spent each day in performing the contract, as required by Texas Government Code § 2254.104(a). (b) The records for billed services shall be submitted to the Client upon request within 30 days. Law Firms shall permit Client, the Henderson County Judge or his designee, the Texas attorney general, and the Texas state auditor each to inspect or obtain copies of the time and expense records at any time on request, in accordance with Texas Government Code §.2254.104(b). (c) On conclusion of the matter for which legal services were obtained, Law Firms shall provide Client with a complete written statement that describes the outcome of the matter, states the amount of any recovery, shows the Law Firms' computation of the amount of the contingent fee, and contains the final complete time and expense records required by Subsection (a), above ("the Final Statement"). The Final Statement is public information under Chapter 552 of the Texas Government Code and may not be withheld from a requestor under that chapter, under Section 552.I03 of the Texas Government Code, or any other exception from required disclosure. (d) This subsection does not apply to the Final Statement required by Subsection (c), above. The Parties to this Amended Attorneys' Retainer Contract understand that all time and expense records required under this section are public information subject to required public disclosure under Chapter 552. Information in the records may be withheld from a member of the public under Section 552.103 only if, in addition to meeting the requirements of Section 552.103, the chief legal officer of Henderson County, being the Henderson County Attorney determines that withholding the information is necessary to protect Henderson county's strategy or position in pending or reasonably anticipated litigation. Information withheld from public disclosure under this subsection shall be segregated from information that is subject to required public disclosure. 16. As required by Texas Government Code Section 2254.105(4), any subcontracted legal or support services performed by a person who is not a contracting attorney or a partner, shareholder, or employee of the Law Firms is an expense subject to reimbursement only in accordance with Texas Government Code Subchapter C. 17. The amount of the contingent fee and reimbursement of expenses under this Agreement will be paid and limited in accordance with Texas Government Code Chapter 2254, Subchapter C, which applies to this contract as provided by Texas Government Code § 2254.102. However, compliance with Texas Government Code Chapter 2254, Subchapter C will not relieve Attorneys of an obligation or responsibility under other law, including under the Texas Disciplinary Rules of Professional Conduct. ATTORNEY RETENTION AGREEMENT Page 4 of 5 I 8. The Client has entered this contract through the approval of its governing body, the Commissioners' Court, and by the signature of the Commissioners Court's presiding officer, as provided in Texas Government Code § 2254.103(x)(1). I HAVE READ AND FULLY UNDERSTAND THE ABOVE CONTRACT SIGNED AND EXECUTED THIS owl DAY O , 20 Motley Rice, LLC Attorney for Fears J Nachawati Law Firm Attorney for Ferrer Poirot & Wansbrough ATTORNEY RETENTION AGREEMENT Authorized Representative on Behalf of BRAZOS COUNTY, TEXAS CLIENT Attorney Aaron L. Wiley Attorney Roger Mandel • Page 5 of 5 Item Coversheet Page 1 of 1 in DEPARTMENT: DATE OF COURT MEETING: ITEM: TO: DATE: FISCAL IMPACT: BUDGETED. DOLLAR AMOUNT: ACTION REQUESTED OR ALTERNATIVES: BRAZOS COUNTY BRYAN,TEXAS NUMBER: 10/29/2019 Approval of Bulk Programming Service Agreement with Digital Direct Communications to provide access to DISH network at the Detention Center. Commissioners Court 10/22/2019 False False $0.00 Approval ATTACHMENTS: File Name Description Tvpe hrazos service agreement 10.22.19 000060.0f Service Agreement Backup Material PPRO - 0 919 Duane Peters Date County Judge Vol. -3D pg -Q 7b httnc-//hrAvnc nnvncaapnriA nnm/A �— 9FnA ni�al�nT A BULK PROGRAMMING SERVICES -AGREEMENT And Right of Entry,Agreement This Bulk Programming Services Agreement (".Bulk Agreement") is entered into by and between Digital Direct Communications ine..a-Texas company located at 3605 N Meyer Rd Seabrook TX 77686 LDDC") and Brazos County, apolitical subdivision,. ori,behaif of "Brazos County Inmate Commissary Fund".identified below: " PROPERTY Legal Name of Entity: 'grazos County Type of E fitity:-'Detention Center Property Address: 1835 Sandy Point Road Bryan, TX 77807 Phone # 979-361-4997 DDC willprovide to Propeity the .Bulk Programming Package during the team of this agreement:.. Bulk TV Service . _ Page Rates .. ..... ... ....:...:.... ... .- . ... All programming prices are subject to change Dish Complete ..46.x $8..95 $411.70'.: Locals '46 x $1:50 $69.00 State Recovery $3.52 / mo. $3.62 Total $484:221 mo. +tax Property Activation Data:...:. Expiration Date of Initial Term: (36' Months after;Activation) In witness whereof,.DDC' and. Property have caused their duly'authoriied representatives to execute this Bulk Agreement as of the date,set.forth'below, Digital Direct Communications, Inc.PROPERTY .. By:- By:. : . uthorized Signature) (Aur onzed Signature) Printed *me�idll'ltCi—�1.51'r►1 Printed .Name: Duane Peters :- le: : U.;�'` ���. :� �i 1��'�Jr - .. . •. • l Title:.CoUnty.Judge Date: �12Z1Dater d DDC Inc, . • .. Vol. Pg, 97 a': Page 1 7. Teem. The initial .term of this Bulk Agreement begins on. the Activation Date and terminates..on . the Expiration Date set, each asset forth on fhe first page of this Bulk Agreemerit:('lnitial Term"): After the'Initial Term Set foith on'the first page,:this Bulk Agreement will renew automatically for successive one (1) year terms (each, a: "Renewal Term") unless either°party gives written notice of nonrenewal to the other at least ninety (90) 4Ws before the _erid of the Initial Term or any Renewal . Terni. The C Term") of this 13u1k Agreement'is the Initial Teri plus any number .Renewal Terms: 2. DDC Responsibilities. 2.1 Programming, DDC will provide the Buik Programming to the Property for use of the residents. and employees at the Property. Property shall provide bulk -service to all units at the Property regardless of occupancy status. Property acknowledges that DISH. Network the distributors of:Bulk . Programming, rather than .DDC, determine'the content of the Bulk Programming, and as'a result DDC shall have no responsibility or liability for Bulk Programming.' ontent. As between Property and. DDC, or DDC and. any Subscriber, DISH has the sole right to edit, select, -schedule and determine the Bulk Programming services contained in the DISH Programming packages set forth m Schedule -1 or otherwise offered, and to determine and change fees charged to Property for�such Bulk Programming. _DISH may.add, delete or modify'the Bulk Programming from time:to time in its sol6. discretion and will notify- Property of the addition or deletion' of available m Bulk. which . may be caused, among other.things, by satellite programming industrychanges or=the termination; modification or replacement, of DISH's programming agreements.'Any changes'.*to the Bulk Programming in Schedule I shell be efl'ecfive'(and Schedule 1 shall be deemed.rmodified) upon = : notification by DISH. 2.2 DISH has the right, without liability, to interrupt transmission of Bulk Programming: (i) whenever required under the terms of an applicable:programming or other -agreement (for e'xampie, when required for blackouts of Sports events); anti:(!!) when reasonably necessary, as determined by DISH -for testing. or maintenance, so long as DISH is. commercially reasonable efforts fo minimize disruption . of the Systems' delivery of -Bulk Programming to Subscribers (for example,. by conducting the interruptions during overnight hours. or periods of low viewership). 3. Property Responsibilities. .3.1 Property -will not permit the exhibition:of,any Bulk Programming at a public place where a cover charge or: otheradmission fee is charged .to :individuals to view. the Bulk: Progtamming, unless .. specifically authorized in writing by'DI: 'H :. 3.2 Payment. !n addition to any;other rights and remedies available at law or in equity,. DDC will;°have the following cumulative rights: . 3.2..1 If..Propertyffaiis to'pay.any amounts owed under this Bulk Agreement when due -dr otherwise. fails to'comply with ally provislon of this.Bulk %Agreement, DDC may:.(!) immediately de authorize all or any portion of Property's Bulk Programming for that Property; (iQ:give notice-of.a material breach:of this Bulk' Agreement or:(ili):both. `If some or. -all of the Bulk Programming is de authorized for this :. reason,•and.is: later reauthorized by mutual ,agreement of DDGand Property; Property will pay a' reauthorization fee iri-the amount to be determined by DDC in its sole discretion but not to exceed. DDC na :: Page 2 Vola Pg. 3.2.2 if DDC refers the collection of any past due amounts to an agency or attorney, Property will pay all collection expenses, including attorneys' fees, upon DDC's request. 4. Breach; Termination: Bankruptcy. 4.1 This Bulk Agreement may be terminated by a party (the "Affected Party"), upon the occurrence' of any of the following with respect to the other party (the "Other Party"): (i) the Other Party commits a payment default that in not corrected within ten (10) days of receipt of written notice from the Affected Party or (ii) the Other Party defaults in any obligation or breaches any representation, warranty or covenant in this Bulk Agreement and such default or breach, if curable, is not cured within thirty (30) days of receipt of written notice from the Affected Party. ThisBulk Agreement shall terminate automatically should any of the following occur, unless DDC notifies Property to the contrary in writing: 4.2 Obligations Upon Termination. DDC and Property agree that if this Bulk Agreement terminates for any reason (i) Properly shall deliver to DDC, or destroy, at DDC's option, all tangible things of every kind (excluding DISH Systems) in Property's possession or control; (ii) Property shall upon -request by DDC, certify in writing to DDC that such delivery has taken place; and (v) Property shall pay all sums due DDC under this Bulk Agreement within thirty (30) days of the date of termination. 5. Entire Agreement. This Bulk Agreement, together with all addenda, exhibits and schedules thereto, constitute the entire agreement between the parties, and supersede all previous understandings, commitments or representations concerning the subject matter of this Bulk Agreement. All such previous understandings, commitments or representations concerning the subject matter of this Bulk Agreement are set forth herein. Each, party acknowledges that the other has not made any representations other than those contained in this Bulk Agreement. If any portion of this Bulk Agreement is held to be unenforceable, then the remainder of the Bulk Agreement will survive and will be construed as well as possible to reflect the intent of the parties. 6. Force Majeure. DDC shall be excused from performance, and shall not have any liability to Property or any other person or entity, with respect to any failure of DDC to perform its obligations under the provisions of this Bulk Agreement if such failure is due to a Force Majeure event including without limitation any labor dispute, fire, flood, earthquake, not, legal enactment, governmental regulation, Act of God, equipment failure, cable'dut,"'any problem associated with the construction, use or operation of satellite(s), transponder(s) or related systems such as uplink facilities or equipment, interference from other communications systems, solar flares or other such anomalies,. degradation or interruption of protection systems, the failure of a programmer to make its Programming available, -any problem associated with any scrambling/descrambling equipment or any other equipment owned or maintained by DDC or others, action or order of any judicial, legislative, governmental or quasi -governmental authority, or any cause beyond DDC's reasonable control (each a "Force Majeure"). 7. Disclalmer.of Warranties. PROPERTY UNDERSTANDS AND AGREES THAT, EXCEPTAS SPECIFICALLY STATED IN THIS BULK AGREEMENT, DDC WILL HAVE NO RESPONSIBILITY WHATSOEVOR FOR ANY SYSTEM, INCLUDING THE EQUIPMENT COMPONENTS CONTAINED THEREIN OR ANY EQUIPMENT PROVIDED. BY DDC, EXCEPT AS PROVIDED FOR IN MANUFACTURERS USER'S MANUAL. DDC HEREBY CLAIMS ALL WARRANTIES, EXPRESS . DDC Inc. Val. � Pg. a13 1 Page 3 AND IMPLIED, IN CQNNECTION WITH ANY SYSTEM, INCLUDING THE EQUIPMENT COMPONENTS CONTAINED THEREIN AND ANY EQUIPMENT PROVIDED BY DDC, AND THE INSTALLATION AND FUNCTIONING OF SUCH SYSTEM, INCLUDING, WITHOUT LIMITATION: (1) ANY WARRANTIES UNDER THE UNIFORM COMMERCIAL CODE; (2) ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NONINFRINGEMENT; AND (3) ANY WARRANTIES OTHERWISE IMPLIED AT LAW OR IN EQUITY. 8. Limitation on Damages. IN NO EVENT WILL DDC BE LIABLE TO PROPERTY, OR ANY PERSON CLAIMING THROUGH PROPERTY„ FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL., INCIDENTAL OR OTHER SIMILIAR DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING WITHOUT LIMITATION ANY PAYMENT FOR LOST BUSINESS, FUTURE PROFITS, LOSS OF GOODWILL, REIMBURSEMENT FOR EXPENDITURES OR INVESTMENTS MADE OR COMMITMENTS ENTERED INTO, .except when. DDC is determined to have :ac ed °in gross negligence or misconduct. IN NO EVENT.SHALL DDC HAVE ANY LIABILIY TO PROPERTY FOR ANY OUTAGE OR DISRUPTION IN DISH PROORMIMING IN EXCESS OF THE APPLICABLE AMOUNT THAT WOULD HAVE BEEN CHARGED TO PROPERTY FOR SUCH PROGRAMMING DURING SUCH TIME OF OUTAGE .OR DISRUPTION. IN ADDITION, DDC SHALL .HAVE NO LIABILITY TO PROPERTY FOR ANY ACT OR OMMISSION OF ANY PROGRAMMER OR THIRD -PARTY PROVIDER OF SERVICES IN CONNECTION WITH DDC'S DELIVERY OF PROGRAMMING. 9. Successor Interests: Assignment. This Bulk Agreement is binding upon the heirs, legal representatives, successors and permitted assigns of DDC and Property. Property shall not assign this Bulk Agreement without the prior written consent of DDC, which consent shall not be unreasonably withheld. By way of example and not limitation, DDC may reasonably withhold consent for reasons such as creditworthiness of the proposed assignee. Because this Bulk Agreement is made by DDC in reliance on the financial, business and personal reputation of Property and its ownership and management, any change in control of Property shall be deemed an assignment requiring DDC's consent hereunder. If. Property assigns this Bulk Agreement In contraventlon of this Section DDC may, at its option, continue this Bulk Agreement in full force and effect, or immediately terminate the Bulk Agreement, in which event Property shall pay DDC a Buyout referenced below. 10. Property will have the Option to terminate this Bulk Agreement, at any time any for any reason and pay DDC twenty five percent (25%) of the average of the last three (3) months of invoices for DISH Programming at the Property multiplied by the number of months remaining in -the Initial Term or any Renewal Term. 11. PROPERTY ACCESS The property may grant DDC, its agencies, contractors, and subcontractors thereof access to said property, as necessary for the purpose of installing and maintaining the equipment needed to deliver Services to residents of property during the Term of this agreement. Access may be restricted or denied to maintain security of the facility. 12. JURISDICTION AND VENUE., This Agreement shall be governed by the laws of the State of TEXAS, and venue shall be at all times be Brazos County. DDC Inc. Page 4 13. Funding Out Clause. -Notwithstanding anything in this Contract to the contrary, all obligations of Brazos County and the Brazos County Inmate Commissary Fund to make payments hereunder are subject to appfopriation of t§ufftclent funds for such payments by the Brazos County Commissioners Court .and/or availability of.funds :in the Brazos County Inmath Commissary Fund..Failure by the Brazos County Commissioners Court to appropriatesuch funds and/or.falture -of the Inmate Commissary Funds to have appropriate funds available to make, such payment.shall relieve Brazos County and the Inmate Commissar:Fund from the obligation 'to make.such payments during the term of no' h -appropriation or unavailability. Channels and packages are subject to change without notice at any time and from time to time In the sole and absolute discretion. of DISH for any reason or no reason. AGREEMENT FOR LEGAL REPRESENTATION OF ELIGIBLE INDIGENT JUVENILES This contract, which is effective upon execution by the Brazos County Commissioners Court, is between Gendron & Thibodeaux referred to as "Contractors" and Brazos County, a political subdivision of the State of Texas "County." This contract supersedes any and all earlier contracts between these parties for the specified services. WHEREAS, Texas law mandates the provision of legal representation for juvenile indigents accused of a crime; and WHEREAS, pursuant to controlling state and/or federal law, the sum provided for therein may be determined by contract between the County and responsible attorneys; and WHEREAS, Contractors are attorneys who are qualified by reason of education, professional accreditation, experience, preparation, equipment, organization, staffing and facilities to provide the services contemplated by this contract on behalf of the County; and WHEREAS, the County has determined that the program contemplated herein to be performed by Contractor is within its legal authority to grant and will provide competent legal representation to indigent juvenile citizens financially unable to employ counsel; and WHEREAS, the Appointing Authority is the committee of judges comprised of the 85th District Court Judge, 361 st District Court Judge, 272nd District Court Judge, Judge of County Court at Law #1, and Judge of County Court at Law #2; and WHEREAS, it is in the public interest that the County contract with Contractor to render the usual and customary legal services where required by law to be provided to juvenile individuals, NOW, THEREFORE, the parties hereto agree: Contract for Legal Representation of Eligible Indigent Juveniles Vol. uq pg. I. TERM OF CONTRACT The Contractors will begin accepting appointments under this Contract to represent indigent juveniles on October 1, 2019 and will cease to be appointed to cases after September 30, 2020, unless a contract is renewed between the County and the Contractors before October 1, 2019, The Contract may be extended as provided in Proposal Request No. 20-001 Section "Procedures for Renewal of Contract" incorporated and attached hereto. IL SCOPE OF CONTRACT Legal representation shall be provided as detailed in Request No. 20-001. Beginning on the start date of this contract, the Contractors will be jointly appointed counsel to criminally accused juveniles from indigent families. III. MINIMUM ATTORNEY QUALIFICATIONS AND STANDARDS OF REPRESENTATION The minimum attorney qualifications shall be as specified in Request No. 20-001. The Contractors shall provide zealous legal services to all clients in a professional, skilled manner consistent with all applicable laws and the Texas Disciplinary Rules of Professional Conduct. IV. DURATION OF REPRESENTATION The Contractors have the responsibility to complete all cases once representation is commenced during the term of the contract. V. SUBSTITUTION OF ATTORNEYS The Contractors shall be substituted only according to the terms as specified in Request No. 20-001. VI. CASELOAD LIMITATIONS The maximum number hearings that each attomey is allowed to perform under this Contract are seventy (70) hearings per week. Contract for Legal Representation of Eligible Indigent Juveniles 2 va.o pg. a VII. CONFLICTS OF INTEREST The procedures for dealing with conflicts of interest as specified in Request No. 20- 001 shall be followed. VIII. INVESTIGATORS AND EXPERTS / EXPENSES Pursuant to Request No. 20-001, the Contractors will be solely responsible for all routine expenses associated with the representation of indigent juveniles to which appointed. There shall be no additional compensation or reimbursement due on any case without the express, written approval of the Juvenile Court having jurisdiction over the case. IX. COMPENSATION AND PAYMENT PROCESSES The sum TWO HUNDRED FIFTY-THREE THOUSAND ONE HUNDRED TWENTY-FIVE DOLLARS ($253,I25.00) is to be paid to the Contractors in twelve (12) equal installments of TWENTY-ONE THOUSAND NINETY THREE DOLLARS SEVENTY-FIVE CENTS ($21,093.75) on the 1st of each month beginning November 1, 2019 and continuing thereafter until October 1, 2020. Payment shall be made as specified in Request No. 20-001 according to the requirements of the Brazos County Auditor. Payment is to be made to the "Indigent Juvenile Operating Account" unless otherwise_ specified by the Contractors. For cases assigned but not disposed within the term of the contract, the Contractors shall be compensated according to the regular schedule of fees for services provided to attorneys representing indigent juvenile clients. X. REPRESENTATION 1. The Contractors reserve the right to designate which attorney shall perform the various aspects of the representation of indigent juveniles. 2. Contractor's legal representation shall be of sufficient quality to meet all constitutional, statutory and case law requirements. 3. Contractor(s) shall complete all legal representation and support services for indigent juvenile individuals if properly appointed to represent such accused consistent with Texas law. Such services shall include but not be limited to: • all necessary court appearances. • legal research. • investigative services if necessary • services of an interpreter which are required outside of court. • preparation and necessary appearances in pretrial or during trial writ Contract for Legal Representation of EIigible Indigent Juveniles proceedings. preparation of briefs and other necessary legal documents. defense -required court reporter transcripts not statutorily mandated. assistance to indigents in filing notice of appeal and other legal documents pursuant to Contractor's representation. 4. Contractor(s) shall render all professional legal services reasonably required from the time of appointment to and including final adjudication or disposition in the Juvenile Court and, as necessary, filing notice of appeal, if any, and other legal documents pertaining thereto. S. Contractor shall maintain all appropriate attorney case records and shall assure prompt inspection or transmission of copies of same upon order of the Court to any successor Contractor or private counsel on appeal regarding active cases or to the person represented. XI. INDEPENDENT CONTRACTOR 1. The parties agree that this contract does not create the relationship of attorney and client nor employee and employer between Contractors and the County. Contractors are independent contractors at all times. 2. Each Contractor shall at all times be, deemed independent and shall be wholly responsible for the manner in which it performs the service required by the terms of this contract. 3. Each Contractor exclusively assumes the responsibility for the acts of its subcontractors, associates and employees relative to the services provided during the tern and scope of their employment. 4. Each Contractor shall not delegate nor assign any rights or obligations hereunder, either in whole or in part, without prior written consent of the appointing committee and the County. XII. INDEMNIFICATION Contractors each agree to indemnify, defend, and save harmless the County and to procure and maintain professional liability insurance. XIII. RIGHT OF TERMINATION I . This contract can be terminated upon thirty (30) days written notice by or to the County. 2. Notwithstanding paragraph (I.) above, failure of either Contractor to comply with the terms of this contract and any reasonable directions by, or on behalf of the County, pursuant thereto, shall constitute a material breach of the contract by Contractor, and, in addition to any other remedy authorized by law, the County shall have the right to terminate the contract Conti -act for legal Representation of Eligible Indigent Juveniles 4 immediately. Failure to exercise this right of termination shall not constitute waiver of such right, which may be exercised at any subsequent time. This contract may be terminated, at the option of the County, upon the occurrence of any of the following: a. Violation of any material provisions of the contract; b. Institution of proceedings by, or against, Contractor pursuant to the bankruptcy laws of the United States; C. Suspension of business operations, failure or receivership of Contractor(s) d. Assignment of the contract without prior written approval; C. The institution of disciplinary proceedings against either Contractor by the State Bar of Texas f. The commencement of criminal prosecution of either Contractor or g. Cancellation or other discontinuance of malpractice insurance liability coverage. h. Unavailability of funds for this contract. 3. Upon expiration or termination (by cancellation or otherwise), unless specifically relieved by the Courts, each Contractor shall be required to complete representation of all clients in all cases where previously appointed by the Court. XIV. RIGHT OF AUDIT Contractors will provide to the County Auditor written information regarding hearing outcomes on respective assigned cases every thirty days prior to receiving a disbursement for services performed therein. XV. RECORDS RETENTION Each Contractor shall maintain for a minimum of five (5) years past the date of final payment under this Agreement or until the Juvenile's 21st birthday, whichever occurs later, all records and supporting documents pertaining to Contractor's respective assigned cases. XVI. GOVERNING LAW AND VENUE: The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the laws of the State of Texas. Venue for any suit filed against Brazos County shall be Brazos County. Contract for Legal Representation of Eligible Indigent Juveniles Vol. 30 P'.. XVII. NOTICE Except where oral notice is specifically allowed or required under this Agreement, any notice provided hereunder by any party to another shall be in writing and may be either (1) delivered by hand to the party or the party's designated agent; (2) deposited in the United States mail, postage paid; (3) transmitted by telecopy; (4) transmitted by electronic mail transmission, or (5) delivered by a reputable courier service. XVIII. SEVERABILITY In the event that a court finds any provision of this Agreement invalid and/or unenforceable, both parties agree the remaining provisions shall remain valid and in force. Contract for Legal Representation of Eligible Indigent Juveniles va.3o Pg. aRL XIX. ADDITIONAL TERMS 1. Incorporation of RFP No. 20-001, Any other requirements of Request No. 20-001 that are not specifically noted in this Contract are incorporated into this Contract. 2. Available Funds Contractors expressly acknowledge that all monies paid pursuant to this Agreement shall be paid from budgeted available funds for the current fiscal year of the County. Brazos County's obligation for performance of this contract beyond the fiscal year for which the contract becomes effective is contingent upon Commissioners Court's approval and the availability of appropriated funds. 3. Open Meetings The meetings at which this Agreement was approved by the Participants' governing boards were posted and held in accordance with the Texas Open Meetings Act, Texas Government Code Chapter 551. IN WITNESS WHEREOF, the parties hereto have affixed their signatures effective as of the date executed by County. BRAZO 0 Y, TEXAS By: Date: _lei Duane Peters, County Judge /KLA Date. Contrac /� By: v �' �� .�� - � Date: U �� Y Contractor f Q BY; 1 Date: -! Contract for Legal Representation of Eligible Indigent Juveniles 7 RFP 20-001 Legal Representation of Indigent Juvenile Defense ;ory # Category Available Points Gendron & Thibodeaux John. T. Quinn* 1 Organization and Understanding of SOW 10 10 0 2 Experience of Firm's Proposed Personnel 35 35 0 3 Disciplinary Actions and Litigation 10 10 0 4 Process of Planning 10 10 0 5 Pricing 35 35 0 $253,125.00 Total 100.00 0.00 Notes: * Non -Responsive, did not comply with the requirements of the RFP. Committee Recommended Award: Genddrron & Thibodeauxr+,nl,,� ',. ttt;;= I day of Q D? 2019 holding the position of un j c�t GIUARDIANRFID GUARDIAN RFID SYSTEM AGREEMENT THIS GUARDIAN RFID SYSTEM AGREEMENT (the "Agreement") Is entered into as of November 1, 2019 (°Effective Date°) by and between Codex Corporation dfbfa GUARDIAN RFID, a Minnesota corporation ("GUARDIAN RFID"), having its principal place of business at 6900 Wedgwood Rd. N. Suite 325, Maple Grove, MN 55311 and Brazos Co. Sheriffs Office, by in through The Brazos County, ("Customer"), having Its principal place of business at 1700 Hwy 21 W., Bryan, TX 77803. WHEREAS, GUARDIAN RFID provides a system comprised of software, hardware, support services and it web -based software as a service platform to deliver a wide range of inmate management, monitoring and tracking solutions (the "GUARDIAN RFID System °). WHEREAS, GUARDIAN RFI D and the Customer previously entered into an agreement governing the implementation and use of the GUARDIAN RFID System (the "Prior Agreement"). WHEREAS, Customer desires to continue using the GUARDIAN RFID System by licensing the software, purchasing the hardware and support services, and obtaining rights to use the web -based software as a service platform pursuant to this Agreement. NOW THEREFORE, the parties agree as follows: 1. DEFINITIONS (a) "Additional Components" means any components, such as hardware or software, that are not specifically provided under the terms of this Agreement, including, but not limited to, networking equipment, workstations, servers for third parry systems, mobile workstations or laptops, and the Customer's Third Party Software. (b) "Agreement" has the meaning provided in the recitals. (c) "Authorized Customer Personnel" means employees, partners, members, owners, agents or affiliates of the Customer (including any third party to whom the Customer has outsourced all or part of its operations) who need to use the GUARDIAN RFID System in the performance of their duties or collaboration with the Customer, who have agreed to abide by the terms of this Agreement and who have agreed in writing to be bound by the terms of the Confidentiality provisions of this Agreement In Section 13, either by means of an agreement directly with GUARDIAN RFID or pursuant to an agreement with the Customer which restricts the use of the Confidential or Proprietary Information received as an employee, partner, member, owner or affiliate of the Customer. In no case will the term "Authorized Customer Personnel" include any competitor of GUARDIAN RFID. (d) "Authorized GUARDIAN RFID Personnel" means officers, employees, partners, members, owners, agents or affiliates of GUARDIAN RFID who provide services to the Customer under the terms of this Agreement. (e) "Confidential or Proprietary Information" means any information or data disclosed by either GUARDIAN RFID or the Customer to the other party, including, but not limited to, the terms of this Agreement, negotiations and discussions relating to this Agreement, the Prior Agreement, the negotiations and discussions relating to the Prior Agreement, and any of the following which relate directly or indirectly to the Disclosing Party's products, services or business: GUARDIAN RFID System Agreement Renewal E 1 ©2018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark. Confidential $ Proprietary. (Rev. 212018) .-2- 27k GUARDIANRFID (i) technology, ideas, concepts, drawings, designs, inventions, discoveries, improvements, patents, patent applications, specifications, trade secrets, prototypes, processes, notes, memoranda and reports, or (ii) visual representations concerning the Disclosing Party's past, present or future research, technology, know-how, and concepts, or (iii) computer programs, software code, written documentation, products, information concerning vendors, members, customers, prospective customers, employees and prospective employees, market research, sales and marketing plans, distribution arrangements, financial statements, financial information, financing strategies and opportunities and business plans, In addition, the term "Confidential or Proprietary Information" shall include any information disclosed pursuant to any confidentiality or nondisclosure agreement entered into by the parties in contemplation of entering into the business relationship evidenced by this Agreement or the Prior Agreement. {f) "Customer~ has the meaning provided In the recitals. (g) "Customer Indemnified Parties" has the meaning provided in Section 15(a). (h) "Customer Information" means all Confidential or Proprietary Information disclosed by the Customer to GUARDIAN RFID under this Agreement. (1) 'Customer's Third Party Software" means any software supplied by the Customer that is purchased or licensed from any source extemal to GUARDIAN RFID, including, but not limited to, operating systems, Internet browsers, plug -ins, content viewing applications, software frameworks -for downloaded content, and productivity software. Q) "Defended by GUARDIAN RFIDTM Seal" has the meaning provided in Section 12(1). (k) "Disclosing Party" means a party to this Agreement that discloses its Confidential or Proprietary Information to the other party to this Agreement. (1) "Documentation" means all documentation and other materials (including manuals, instructions, training materials, specifications, advertising brochures, promotional materials, flow charts, logic diagrams and other support materials) relating to the operation and functionality of the GUARDIAN RFID Software and GUARDIAN RFID OnDemand. (m) "Effective Date" has the meaning provided In the recitals. (n) "Extended Term" has the meaning provided, in Section 16(a). (o) "GUARDIAN RFID" has the meaning provided in the recitals. (p) "GUARDIAN RFID Indemnified Parties" has the meaning provided in Section 15(b). (q) "GUARDIAN RFID Information" means Confidential or Proprietary Information disclosed by GUARDIAN RFID to the Customer under this Agreement, including, but not limited to, all Documentation. (r) "GUARDIAN RFID OnDemand" means the web -based software as a service platform provided by GUARDIAN RFID to the Customer that is used by the Customer to access the server database GUARDIAN RFID System Agreement Renewal 12 ©2018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark. Confidential & Proprietary. (Rev. 212018) 0 7�1 GUARDIANRFID that hosts the information collected by the GUARDIAN RFID System, and is identified as "Platform" under the "Product Family" column of the list of existing GUARDIAN RFID System components being used by the Customer provided in Addendum A. (s) "GUARDIAN RFID Personnel" means any officers, employees, partners, members, owners, agents or affiliates of GUARDIAN RFID. (t) "GUARDIAN RFID Software" means the computer programs in object code form and any Updates, enhancements, modifications, revisions, additions, replacements or conversions thereof owned by GUARDIAN RFID and either identified as "Software" under the "Product Family" column of the list of existing GUARDIAN RFID System components being used by the Customer provided in Addendum A, installed to enable use of GUARDIAN RFID OnDemand, or subsequently licensed to the Customer. GUARDIAN RFID Software specifically excludes any Third Party Software and the Customer's Third Party Software. (u) "GUARDIAN RFID Software Materials" means the GUARDIAN RFID Software, the media containing the GUARDIAN RFID Software and the Documentation. (v) `GUARDIAN RFID System" has the meaning provided in the recitals, and includes the GUARDIAN RFID Software licensed, the GUARDIAN RFID OnDemand platform licensed for access and use, Hardware sold, Third Party Software used, and services provided by GUARDIAN RFID to the Customer under this Agreement. (w) "Hardware" means all hardware, equipment and other tangible items supplied to the Customer by GUARDIAN RFID under this Agreement, including those items identified as "Hardware" under the "Product Family" column of the list of existing GUARDIAN RFID System components being used by the Customer provided in Addendum A. (x) "Initial Term Fee" means the fee amount listed In Addendum B for use of the GUARDIAN RFID System for the first year after the Effective Date of this Agreement (y) "Inmate Data" has the meaning provided in Section 9(d). (z) "ODBC" means Open Database Connectivity. (aa)"Receiving Party" means the party to this Agreement that receives Confidential or Proprietary Information from the other party to this Agreement. (bb)"Receiving Party Personnel" means any employees, partners, members, owners or affiliates of the Receiving Party. (cc)"RefresherTrainino" has the meaning provided in Section 6. (dd)"Renewal Fee" means a fee amount listed in Addendum B attributable to renewing the Agreement for an Extended Term. (ee)"System Administrator" means any person authorized by the Customer to serve as the primary point of contact for systems administration between the Customer and GUARDIAN RFID as specified in Section 12(b). (ff) "Term" means the period beginning on the Effective Date and ending on the earliest to occur of (i) the expiration of the Initial Term plus any Extended Term pursuant to Sections 16(a) and 16(b), or (ll) a termination of this Agreement pursuant to Sections 16(b), 16(c) or 16(d). GUARDIAN RFID System Agreement Renewal 13 02018 GUARDIAN RFID. All rights reserved GUARDIAN RFID is a U.S. registered trademark. CoOdential 8 Proprietary. (Rev. 212018) GUARDIANWID (gg) "Third Party Software" means any software to be supplied by GUARDIAN RFID under this Agreement that is purchased or licensed from any source external to GUARDIAN RFID for use with or integration into the GUARDIAN RFID System. Third Party Software specifically does not include the Customers Third Parry Software. (hh)"U ate" means any revision, enhancement, update, correction, security device, limiting device or other modification of the GUARDIAN RFID Software (other than an Upgrade) that GUARDIAN RFID releases or provides after the Effective Date. Such term specifically excludes Upgrades. (ii) "U ra " means any commercially released version of the GUARDIAN RFID Software that GUARDIAN RFID releases after the Effective Date which adds new or changed functionalities or features to the GUARDIAN RFID Software or allows the GUARDIAN RFID Software to be compatible with another operating system, and new or enhanced products, modules, components or applications offered by GUARDIAN RFID subsequent to the Effective Date that have a functionality similar to the GUARDIAN RFID Software. 2. LICENSE OF GUARDIAN RFID SOFTWARE MATERIALS (a) License Grant. GUARDIAN RFID hereby grants to the Customer a limited, non-exclusive, terminable, non -transferable license to the GUARDIAN RFID Software Materials, including any Updates provided pursuant to Section 7(a), allowing the Customer and its Authorized Customer Personnel to use solely for the Customer's own business purposes as part of the GUARDIAN RFID System during the Term of this Agreement, in the license amounts set forth in the "Quanfly column of the fist of existing GUARDIAN RFID System components being used by the Customer provided in Addendum A. The type of license granted --agency or per device ---is described in the 'Product" column of the list of existing GUARDIAN RFID System components being used by the Customer provided in Addendum A. Agency licenses grant access to an unlimited number of Authorized Customer Personnel. Per device licenses grant one license per corresponding device purchased. The license granted does not grant the Customer the right to use the GUARDIAN RFID Software Materials except as set forth in this Agreement and does not grant to the Customer any ownership, title or interest in the GUARDIAN RFID Software Materials, other than as specifically set forth in this Agreement. By executing this Agreement, the Customer is retroactively granted a license to any GUARDIAN RFID Software Materials used under the Prior Agreement, with such license considered effective only during the term of such Prior Agreement, subject to the same terms and conditions of the license provided by this Agreement. In no event shall the license granted to any GUARDIAN RFID Software Materials used under the Prior Agreement be deemed to be more expansive than the license granted under this Agreement. (b) Copies. The Customer may reproduce as many copies of the Documentation as the Customer reasonably deems appropriate to support its use of the GUARDIAN RFID System. The Customer must reproduce all confidentiality, proprietary, copyright and similar notices and disclaimers on any copies made pursuant to this Section. (c) Restrictions on Usage. The Customer will not decompile, or create by reverse engineering or otherwise, the source codes from the object code for the GUARDIAN RFID Software provided under this Agreement, adapt the GUARDIAN RFID Software in any way or use it to create a derivative work. GUARDIAN RFID will not be responsible in any way for performance of the GUARDIAN RFID Software if the GUARDIAN RFID has been modified, except as modified by GUARDIAN RFID. 3. SALE OF HARDWARE From time to time, additional Hardware consumables (e.g., wristbands, RFID wall readers, mobile device readers, etc.) may need to be purchased by the Customer in order to continue using the GUARDIAN RFID System Agreement Renewal 14 02098 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark. Confidential & Proprietary. (Rev. 212098) Vol. Pg. of (�% GUARD ANRF/D GUARDIAN RFID System. The purchases of some Hardware consumables (e.g., mobile device readers, etc.) may require the purchase of additional licenses for GUARDIAN RFID Software and Third Party Software. In the event of additional purchases of Hardware consumables and any corresponding licenses, the Customer shall acquire such additional Hardware and licenses directly from GUARDIAN RFID, and GUARDIAN RFID will Invoice the Customer for amounts due for such additional Hardware consumables and corresponding licenses. The Customer will be responsible for paying amounts related to the purchases of additional Hardware consumables and corresponding licenses in accordance with the provisions of Section 8 of this Agreement. Such additional purchases may also cause an increase in the Renewal Fees provided in Addendum B. In such case, GUARDIAN RFID will provide the Customer with an updated Addendum B at the time of such additional purchases, which will automatically amend and replace Addendum B. 4. USE OF THIRD PARTY SOFTWARE (a) Third Party Software. Subject to the terms of this Agreement, GUARDIAN RFID will install or otherwise allow the Customer to use the Third Party Software as part of the GUARDIAN RFID System. The Customer's use of the Third Party Software is subject to any terms and conditions set forth by the owner of the Third Party Software. By executing this Agreement, the Customer is retroactively granted permissions to use any Third Party Software that was part of the GUARDIAN RFID System under the Prior Agreement, with such permitted use considered effective only during the term of such Prior Agreement, subject to the same terms and conditions of the use allowed by this Agreement. In no event shall the permission to use any Third Party Software that was part of the GUARDIAN RFID System under the Prior Agreement be deemed to be more expansive than the use allowed under this Agreement. (b) Restrictions on Usage. The Customer will not decompile, or create by reverse engineering or otherwise, the source codes from the object code for any Third Party Software provided under _ this Agreement, adapt the Third Party Software in any way or use it to create_ a derivative work. S. GUARDIAN RFID ONDEMAND (a) Grant of Access. GUARDIAN RFID hereby grants to the Customer a limited, non-exclusive, terminable, non -transferable license to access and use GUARDIAN RFID OnDemand solely for the Customer's own business purposes as part of the GUARDIAN RFID System during the Term of this Agreement. The license granted does not grant the Customer the right to use GUARDIAN RFID OnDemand except as set forth In this Agreement and does not grant to the Customer any ownership, title or interest in GUARDIAN RFID OnDemand, other than as specifically set forth in this Agreement GUARDIAN RFID OnDemand will interact with the Customer's existing jail management system to automatically share inmate demographic and housing assignment data. The Customer is being granted access to GUARDIAN RFiD OnDemand for an unlimited number of Authorized Customer Personnel. The System Administrator will be responsible for providing and removing access to GUARDIAN RFID OnDemand for Authorized Customer Personnel. By executing this Agreement, the Customer is retroactively granted a license to access and use GUARDIAN RFID OnDemand under the Prior Agreement, with such license considered effective only during the term of such Prior Agreement, subject to the same terms and conditions of the license provided by this Agreement. In no event shall the license granted to access and use GUARDIAN RFID OnDemand under the Prior Agreement be deemed to be more expansive than the license granted under this Agreement. (b) Restrictions on Usage. (i) GUARDIAN RFID reserves the right, in its sole discretion, to limit the Customer's and any Authorized Customer Personnel's use of GUARDIAN RFID OnDemand in the event that GUARDIAN RFID System Agreement Renewal 15 02018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark. Confidential 8 Proprietary. (Rev. 2/201s) Vol. OL Pg. 28(B GUARDIANRFID GUARDIAN RFID determines that the Customers or any Authorized Customer Personnel's use Is Inconsistent with this Agreement (ii) The Customer and any Authorized Customer Personnel may not use GUARDIAN RFID OnDemand for any purpose that is unlawful or that is prohibited by the terms of this Agreement. The Customer and any Authorized Customer Personnel may not attempt to gain unauthorized access to any part of GUARDIAN RFID OnDemand, other accounts, computer systems or networks connected to any part of GUARDIAN RFID OnDemand through hacking, password mining or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available through GUARDIAN RFID OnDemand. (iii) The Customer will not (A) copy, reproduce, alter, modify, transmit, perform, create derivative works of, publish, sub -license, distribute, or circulate GUARDIAN RFID OnDemand; (B) disassemble, decompile, or reverse engineer the software used to provide GUARDIAN RFID OnDemand, or copy or catalog any materials or information made available through GUARDIAN RFID OnDemand other than as permitted under this Agreement, or (C) take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair GUARDIAN RFID OnDemand's control or security systems, or allow or assist a third party to do so. (iv) The Customer will not, and will not allow any party other than GUARDIAN RFiD, perform "write" operations directly to or on the GUARDIAN RFID OnDemand server or database, such as by using an ODBC driver, without the express written consent of GUARDIAN RFID. 6. TRAINING At the Customer's request, GUARDIAN RFID Technologies will provide training to introduce additional Authorized Customer Personnel to GUARDIAN RFID or refresh existing Authorized Customer Personnel on best practices in using the GUARDIAN RFID System (the "Refresher Training"). Any Refresher Training will be coordinated via online meetings. The fees under this Agreement do not contemplate Refresher Training at the Customer's premises. In the event that the Customer desires that the Refresher Training be conducted at the Customer's premises, the parties will negotiate in good faith to mutually agree upon a price. 7. MAINTENANCE AND SUPPORT (a) GUARDIAN RFID Software Updates. GUARDIAN RFID will make available to the Customer all Updates. Those Updates will be provided at no additional charge to the Customer, remain the property of GUARDIAN RFID, and will be licensed to the Customer as part of the GUARDIAN RFID Software under this Agreement. Updates will be provided on an as -available basis and, subject to Section 12(g), will be installed remotely by GUARDIAN RFID at a time chosen by GUARDIAN RFID, provided that GUARDIAN RFID has communicated that time via email or telephone call to an appropriate contact at the Customer at least 24 hours prior to such Update Installation date. The obligation of GUARDIAN RFID to provide Updates pursuant to this Section shall not extend to Upgrades, which the Customer may purchase by executing an amendment to this Agreement pursuant to Section 20(b). (b) GUARDIAN FID OnDemand Figsting Maintenance. GUARDIAN RFID will maintain the servers necessary to host GUARDIAN RFID OnDemand, allow the GUARDIAN RFiD Software to interact with GUARDIAN RFID OnDemand, and store data under this Agreement. (c) Telephone and Fmaill Support. GUARDIAN RFID will provide telephone and email support, available Monday -Friday during the hours of 8 a.m. to 5 p.m. Central time, excluding federal GUARDIAN RFID System Agreement Renewal 16 02018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark Confidential & Proprietary. (Rev. 212018) t 271 IGU RDIANRFly holidays, for the GUARDIAN RFID Software licensed under this Agreement and GUARDIAN RFID OnDemand and will maintain a support center database to track any reported issues. For weekends and federal holidays, GUARDIAN RFID will provide a contact number in the event of an emergency. Provided that Updates to the GUARDIAN RFID Software have been made available to the Customer, no support will be provided for any earlier version of GUARDIAN RFID Software if more than thirty (30) days have elapsed since GUARDIAN RFID provided the Customer with an end of life notice for that earlier version of the GUARDIAN RFID Software. In addition, the technical support for GUARDIAN RFID OnDemand does not include support for the Customer's jail management system unrelated to GUARDIAN RFID OnDemand, such as any of the Customer's Third Party Software. The telephone and email support provided under this Section does not include custom programming services or training. (d) Maintenance and Support Availability. GUARDIAN RFID will provide the maintenance and support described in this Section 7 until this Agreement expires or is terminated. 8. FEES AND PAYMENT TERMS (a) Fees. The Customer will pay GUARDIAN RFID the fees in the amounts specified in Addendum B. (b) Payment Terms. GUARDIAN RFID will invoice the Customer for amounts due under this Agreement after the occurrence of the applicable events specified in Addendum B. The Customer will pay any invoice received from GUARDIAN RFID within thirty (30) days after the date of that Invoice. If the Customer fails to pay an amount due within thirty (30) days after the applicable Invoice date, the Customer will pay late charges of one and one half percent (1.5%) or the highest amount allowed by law, whichever is lower, per month on such balance, together with all of GUARDIAN RFID's expenses, collection costs and reasonable aftorneys' fees incurred in collecting amounts due under this Agreement. (c) Taxes. The Customer will pay or reimburse GUARDIAN RFID for sales and use taxes, where applicable, and any other governmental charges levied, imposed or assessed on the use of the GUARDIAN RFID System or on this Agreement, excluding, however, ordinary personal property taxes assessed against or payable by GUARDIAN RFID, taxes based upon GUARDIAN RFID's net income, and GUARDIAN RFID's corporate franchise taxes. GUARDIAN RFID will furnish to the Customer invoices showing separately itemized amounts due under this Section. 9. INTELLECTUAL PROPERTY RIGHTS (a) GUARDIAN RFID intellectual Property. (1) Except for the rights expressly granted to the Customer under this Agreement, GUARDIAN RFID will retain all right, title and interest in and to the GUARDIAN RFID Software Materials and GUARDIAN RFID OnDemand, including all worldwide technology and intellectual property and proprietary rights. (u) With the exception of the Hardware purchased pursuant to this Agreement, GUARDIAN RFID retains title to any other deliverables under this Agreement, including, but not limited to, all copies and audiovisual aspects of the deliverables and all rights to patents, copyrights, trademarks, trade secrets and other intellectual property rights in the deliverables. (iii) Any and all trademarks and trade names which GUARDIAN RFID uses in connection with this Agreement are and shall remain the exclusive property of GUARDIAN RFID. Nothing in this Agreement will be deemed to give the Customer any right, title or interest in any trademark or trade name of GUARDIAN RFID_ GUARDIAN RFID System Agreement Renewal 17 02018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID Is a U.S. registered trademark. Confidential & Proprietary. (Rev. 2/2ota) 211 GUARD ANRFID (iv) GUARDIAN RFID expressly reserves any rights not expressly granted to the Customer by this Agreement. (v) The Customer shall not remove, efface or obscure any confidentiality, proprietary, copyright or similar notices or disclaimers from any GUARDIAN RFID Software Materials, GUARDIAN RFID OnDemand or any materials provided under this Agreement. (b) GUARDIAN RFID Information. GUARDIAN RFID retains ownership of all GUARDIAN RFID Information. (c) Customer Information. The Customer retains ownership of all Customer Information. (d) Inmate Data. The Customer owns any inmate management, monitoring and tracking data collected as part of the GUARDIAN RFID System ("inmate Data"). Prior to the expiration or termination of this Agreement, the Customer may access the Inmate Data by either running a report on GUARDIAN RFID OnDemand and exporting the Inmate Data, or requesting that GUARDIAN RFID run a report and send the Customer the Inmate Data. Unless otherwise directed by the Customer, GUARDIAN RFID will maintain a copy of the Inmate Data for up to one (1) year after expiration or termination of this Agreement. Upon request of the Customer made within one (1) year after the expiration or termination of this Agreement, GUARDIAN RFID will run a report and send the Customer the Inmate Data in spreadsheet form. 10. REPRESENTATIONS OF GUARDIAN RFID (a) No Infringement. GUARDIAN RFID represents to the Customer that: (i) GUARDIAN RFID owns or otherwise has the rights in the GUARDIAN RFID Software Materials and has the full legal right to license the GUARDIAN RFID Software Materials in accordance with this Agreement; and (ii) GUARDIAN RFID has no actual knowledge that the GUARDIAN RFID Software Materials Infringe or misappropriate any patent, trademark, copyright or any trade secret or proprietary right of any person or entity. (b) Condition of Hardware. GUARDIAN RFID represents to the Customer that, at the time of delivery, any Hardware will be new and unused and that the Customer will acquire good and clear title to such Hardware, free and clear of all Ilens and encumbrances. 11. WARRANTIES (a) GUARUIAN RFID Software. () GUARDIAN RFID warrants that, during the Term of this Agreement, the GUARDIAN RFID Software will operate in accordance with and otherwise conform to the Documentation, provided that (A) no party other than Authorized GUARDIAN RFID Personnel has altered any portion of the GUARDIAN RFID Software, (B) the GUARDIAN RFID Software Is operated on the Hardware and (C) the Customer has met its obligations underSection 12. (ii) In the event of a claim by the Customer under this GUARDIAN RFID Software warranty, which claim should be made by notice to GUARDIAN RFID specifying with reasonable particularity the.claimed non -conformity, GUARDIAN RFID will use reasonable efforts to correct the non -conformity. If within sixty (60) days after receipt of the notice of non- conformity from the Customer, GUARDIAN RFID shall not have either corrected the non- conformity or, in the case of a non -conformity which cannot be corrected in sixty (60) days, GUARDIAN RFID System Agreement Renewal { 6 02018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID Is a U.S. registered trademark. Confidential & Proprietary. (Rev. 2!2018) E . 30 pg -aa— GUARDIANRFID begun in good faith to correct the non -conformity, then the Customer's sale remedy under this warranty is to terminate the Agreement in accordance with the provisions of Section 16(d), In which case the notice of non -conformity sent by the Customer pursuant to this Section will be deemed to be the notice required by Section 16(d). In no circumstances will GUARDIAN RFID be obligated to provide a refund of fees paid under the Agreement or be obligated to accept the return of Hardware or other products purchased from GUARDIAN RFID. (b) Hardware. All Hardware warranties provided by the manufacturer will be passed through to the Customer. GUARDIAN RFID will be solely responsible for processing and managing of all Hardware warranty claims during the Term of this Agreement. (c) DISCLAIMER OF OTHER WARRANTIES. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION, GUARDIAN RFID DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, PARTICULARLY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, GUARDIAN RFID DOES NOT GUARANTEE THAT THE GUARDIAN RFID SYSTEM WILL BE ACCESSIBLE ERROR -FREE OR UNINTERRUPTED. THE CUSTOMER ACKNOWLEDGES THAT GUARDIAN RFID DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT ACCESS TO THE GUARDIAN RFID SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. GUARDIAN RFID IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. 12. CUSTOMER OBLIGATIONS (a) Access to Premises and Authorized Customer Personnel. The Customer will provide GUARDIAN RFID with reasonable and timely access to the Customer's premises and Authorized Customer Personnel necessary for GUARDIAN RFID to perform its obligations under this Agreement. (b) System Adminfstrator. The Customer will name one or more system administrators to serve as a primary point(s) of contact between the Customer and GUARDIAN RFID with respect to system administration (each, a "System Administrator"). At least one System Administrator must be available at all times. The Customer will ensure that the System Administrators possesses the appropriate technology and public safety knowledge and skills to perform this role sufficiently. (c) Hardware Installation. The Customer will be responsible for installing and maintaining all hardware not specified under this Agreement to be installed or maintained by GUARDIAN RFID. (d) Customers Third Party Software. The Customer will be responsible for installing, maintaining and updating all of the Customer's Third Party Software. (e) Facility Condition. The Customer will be responsible for performing any actions not specifically delegated to GUARDIAN RFID under this Agreement that are required to keep the facility in sufficient condition for operation of the GUARDIAN RFID System, including, but not limited to, providing appropriate uninterrupted power, air conditioning, sufficient space, electrical drops, network and physical security, network equipment, network drops, and other similar items. (f) System Configuration. The Customer will make appropriate subject matter experts available to perform GUARDIAN RFID System configuration tasks as assigned. GUARDIAN RFID System Agreement Renewal 19 02018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID Is a U.S. registered trademark. confidential & Proprietary. (Rev. 212018) �9GUARDWVRFID (g) System Updates. The Customer will work in good faith to allow GUARDIAN RFID to timely install Updates as requested by GUARDIAN RFID. (h) Other Server Maintenance. Other than as provided in Section 7(b), the Customer is responsible for all general maintenance of the Customers servers, including data backups, operating system updates, virus protection, database software updates, and other general performance of the Customer's servers. (i) Warranty Requests. The Customer will submit all Hardware warranty claims to GUARDIAN RFID for processing and managing, and promptly respond to any requests from GUARDIAN RFID for information or cooperation related to those warranty claims. (j) Additional Components. if the Customer desires Additional Components for use with the - GUARDIAN RFID System, the Customer will be solely responsible for obtaining and supporting such Additional Components. The Customer expressly agrees that GUARDIAN RFID will have no responsibility under this Agreement for obtaining or supporting those Additional Components. (k) Third Party Costs. The Customer will be solely responsible for any third party costs related to the Implementation of the GUARDIAN RFID System. The Customer expressly agrees that GUARDIAN RFID will have no responsibility under this Agreement for any third party costs related to the implementation of the GUARDIAN RFiD System, including, but not limited to, any third party costs associated with the implementation of any Additional Components or any of the Customer's Third Party Software. (i) Usage Seal. The Customer will, no later than fourteen (14) days after the Effective Date, display the Defended by GUARDIAN RFIDTM' Seal on the Customer's website and link the Defended by GUARDIAN RFIDTM Seal to theGUARDIANRFID website (https://www.guardianrfid.com). For avoidance of doubt, the "Defended by GUARDIAN RFIDTM' Seal' is as follows, a digital copy of which can be obtained from GUARDIAN RFID support: D E P E N D 6 O B Y EV I =F https:l/www.guardianrfitl.com In addition, the Customer may, but is not required, to include some or all of the following additional information about GUARDIAN RFID on the Customer's website: [insert Customer's Proper Name] uses GUARDIAN RFID to manage, monitor, and track inmates In -custody. Radio frequency idenfification (RFID) technology is used to ensure staff and inmate compliance, and optimizes our data collection and reporting responsibilities as mandated by state and national corrections standards. Inmates are required to wear non -implantable devices at all times. Any Incident of non- compliance will not be tolerated and an inmate will be subject to tines and disciplinary action, including prosecution. All systems and devices using RFID technology are designed, tested, and manufactured to comply with Federal Communications Commission (FCC) regulations. RF energy levels generated are similar to those found in consumer electronics. Inmate -worn devices are hypoaltergenic. Ri~based Inmate Identifrcatlon is the exclusive property of (insert Customer's Proper Name]. GUARDIAN RFID System Agreement Renewal 110 02018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark Confidential & Proprietary. (Rev. 212018) GUARDIANRFID 13. CONFIDENTIALITY (a) Use and Handling of Confidential or Proprietary information. The Receiving Party shall keep the Confidential or Proprietary Information confidential, shall use such information solely for performing its obligations under this Agreement, and shall not disclose to any persons or entities any of the Confidential or Proprietary Information without the prior written consent of the applicable Disclosing Party. The Receiving Party shall make the Confidential or Proprietary Information available only to Receiving Party Personnel who have a demonstrable need for such information, provided that the Receiving Party has informed all such Receiving Party Personnel of the Receiving Party's obligations under this Agreement and such Receiving Party Personnel have agreed in writing to be bound by the terms of this Agreement, either by means of an agreement directly with the Disclosing Party or pursuant to an agreement with the Receiving Party which restricts the use of the Confidential or Proprietary Information received as Receiving Party Personnel. In accepting any Confidential or Proprietary Information disclosed to the Receiving Party under this Agreement, the Receiving Party agrees to preserve the confidentiality of such information with at least the same degree of care as that taken by the Receiving Party to preserve and protect its own Confidential or Proprietary Information, in no case less than a reasonable degree of care. The Receiving Party agrees to maintain adequate safeguards and procedures to prevent the theft, loss or dissemination of any of the Confidential or Proprietary information, and, in the event of any such theft, loss or dissemination, shall notify the Disclosing Party immediately. (b) Exceptions to Confidential Treatment. The Receiving Party shall not be obligated to maintain any information in confidence or refrain from use it (i) the information was lawfully in the Receiving Party's possession or was known to it prior to its disclosure from the Disclosing Party as evidenced by written records; pi) the Information is, at the time of disclosure, or thereafter becomes public knowledge without the fault of the Receiving Party (provided, however, that the act of copyrighting, patenting or otherwise publishing or aiding in publication by the Disclosing Party shall not cause or be construed as causing the copyrighted materials or patented technologies to be in the public domain); (it) the information is or becomes rightfully available on an unrestricted basis to the Receiving Party from a source other than the Disclosing Party which did not acquire the same under an obligation of confidentiality to the Disclosing Party; (iv) the information becomes available on an unrestricted basis to a third party from the Disclosing Party or from someone acting under its control; (v) disclosure is required by subpoena or pursuant to a demand by any governmental authority; or (vi) disclosure is required by open records laws, such as the federal Freedom of Information Act or similar state 'sunshine" laws. Before relying on the exceptions of this Section 13(b), and disclosing any Confidential or Proprietary Information, the Receiving Party shall notify the Disclosing Party in writing of its Intent to do so, and give the Disclosing Party a period of fifteen (15) days to object or otherwise take action to protect its rights and interest in such information, provided that if the exception being relied upon is Section 13(b)(vi), then such fifteen (15) day period will be extended to be the maximum amount of time allowed pursuant to the applicable open records law. GUARDIAN RFID System Agreement Renewal 111 02018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S, registered trademark. Confidential & Proprietary. (Rev. 212018) Vol. 2Q4 Pg. ag q- GUARD ANWID (c) Return of Materials. Upon request from the Disclosing Party, the Receiving Party shall immediately return to the Disclosing Party all copies of Confidential or Proprietary Information received under this Agreement; and all copies of notes, reports, or other documents or materials that reflects such Confidential or Proprietary Information provided, however, that if the Disclosing Party requests, the Receiving Party shall immediately destroy all Confidential or Proprietary Information and certify such destruction to the Disclosing Party. (d) Confidentiality Remedies. The Receiving Party acknowledges that any breach of the provisions of this Section 13 could result in immediate and irreparable injury to the Disclosing Party for which an award of money damages would be Inadequate. The Receiving Party agrees, therefore, that the Disclosing Party shall have the right to seek equitable relief including an injunction to specifically enforce the terms of this Section 13, and to obtain any other legal or equitable remedies that may be available to it. In the event of any breach by the Receiving Party of this Section 13, the Receiving Party agrees to pay reasonable costs and legal fees incurred by the Disclosing Party in pursuit of any of its rights under this Section 13, in addition to any damages sustained by the Disclosing Party by reason of such breach, provided that the Disclosing Party prevails in the suit, action or proceeding in which such costs and fees were incurred. 14. LIMITATION OF LIABILITY IN NO EVENT WILL GUARDIAN RFID'S LIABILITY TO THE CUSTOMER FOR DAMAGES UNDER THIS AGREEMENT, INCLUDING GUARDIAN RFID'S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, EXCEED THE AMOUNT OF FEES PAID BY THE CUSTOMER UNDER THIS AGREEMENT. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THEIR RESPECTIVE OBLIGATIONS UNDER THIS AGREEMENT. 15. INDEMNIFICATION (a) Indemnification by GUARDIAN RFID. GUARDIAN RFID will defend, indemnify, and hold harmless the Customer and the Authorized Customer Personnel (the "Customer Indemnified Parties"), from and against all costs, charges and expenses (including attorneys' fees) arising from any third party claim, action, suit, or proceeding against any Customer Indemnified Party that is based on: (i) any claim that the GUARDIAN RFID Software infringes a patent, copyright or other proprietary right or violates a trade secret; and (ii) any gross negligence, willful misconduct or fraud of GUARDIAN RFID or Authorized GUARDIAN RFID Personnel. (b) Indemnification by the Customer. The Customer will defend, indemnify, and hold harmless GUARDIAN RFID and any GUARDIAN RFID Personnel ("GUARDIAN RFID Indemnified Parties"), from any and all costs, charges and expenses (including attorneys' fees) which result from any third party claim, action, suit, or proceeding against any GUARDIAN RFID Indemnified Party that is based on: (f) the Customer's use of the GUARDIAN RFID Software or GUARDIAN RFID OnDemand other than as permitted under this Agreement; and (it) any gross negligence, willful misconduct or fraud of the Customer or officials, employees, partners, members, owners, agents or affiliates of the Customer. 16. TERM AND TERMINATION (a) Term. The initial term of this Agreement shall begin on the Effective Date and extend to the first anniversary of the Effective Date (the "Initial Term"). After the Initial Term, subject to Section 16(b), this Agreement will be automatically renewed for up to four (4) additional one-year (1 -year) periods (each such period, a'Term"). GUARDIAN RFID System Agreement Renewal 112 02018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark Confidential & Proprletary. (Rev. 2!2018) GUARDIANRFID (b) Termination for Convenience. This Agreement may be terminated for convenience by either party by providing notice sixty (60) days prior to the end of any Term, as applicable. Such termination will be effective as of the end of such Term, as applicable. (c) Termination by GUARDIAN RFID for Cause. (t) GUARDIAN RFID may terminate this Agreement immediately and discontinue any of its obligations under this Agreement by notice to the Customer if. (A) the Customer ceases to actively conduct its business, files a voluntary petition for bankruptcy or has filed against It an involuntary petition for bankruptcy, makes a general assignment for the benefit of its creditors, or applies for the appointment of a receiver or trustee for substantially all of its property or assets or permits the appointment of any such receiver or trustee; (B) the Customer attempts, without the consent of GUARDIAN RFID, to assign its rights and obligations under this Agreement, In whole or in part, whether by merger, consolidation, assignment, sale of stock, operation of law or otherwise; or (C) the Customer fails to comply with the terms of the license of GUARDIAN RFID Software Materials provided in Section 2, the terms of the license to access and use GUARDIAN RFID OnDemand provided in Section 5, the provisions regarding GUARDIAN RFID's intellectual property rights in Section 9(a) and 9(b), or the Confidentiality provisions of Section 13. (ii) GUARDIAN RFiD may terminate this Agreement upon thirty (30) days' notice to the Customer if the Customer breaches its obligation to pay any fee or otherwise materially breaches any provision of this Agreement not otherwise specified in Section 16(c)(1), and fails to cure such breach within such notice period. (d) Termination by the Customer for Cause. The Customer may terminate this Agreement upon sixty (60) days' notice to GUARDIAN RFID If GUARDIAN RFID materially breaches any provision of this Agreement and fails to cure such breach within such notice period, provided, however, that if such breach cannot be cured within sixty (60) days and GUARDIAN RFID has begun In good faith to cure such breach, then GUARDIAN RFID shall have an additional period of sixty (60) days to cure such breach. This provision shall apply in the event that GUARDIAN RFID is unable to correct a non -conformity pursuant to Section 11(a)(ii) of this Agreement. (e) Post -Termination Rights and Obligations. (i) Upon expiration or termination of this Agreement, the grant of the license of the GUARDIAN RFID Software Materials, the grant of access to GUARDIAN RFID OnDemand and all other rights granted to the Customer under this Agreement will immediately terminate and revert to GUARDIAN RFID and the Customer must discontinue all use of the GUARDIAN RFID Software Materials and GUARDIAN RFID OnDemand. (ii) The following shall survive the expiration or termination of this Agreement: (A) The provisions of Sections 9 ("Intellectual Property Rights"), 13 ('Confidentiality"), 14 ("Limitation of Liability"), 15 ("Indemnification") and 19 ("Non -Disparagement"); (B) The provisions of Section 8 ('Fees and Payment Terms"), with respect to fees incurred prior to the expiration or termination of the Agreement and with respect to fees accelerated in connection with such expiration or termination; and GUARDIAN RFID System Agreement Renewal 113 02018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S, registered trademark. Confidential & Proprietary. (Rev. 2/2018) QGUARUTANWID (C) The Customer's obligation to pay any fees incurred prior to the expiration or termination of the Agreement or accelerated in connection with such expiration or termination. 17. INSURANCE (a) Types of Insurance. GUARDIAN RFID will maintain in full force and effect insurance of the following kinds and amounts, and meeting the other requirements set forth in this Section. (1) Commercial General Liability Insurance. Occurrence based commercial general liability insurance or equivalent form with a limit of not less than $1,000,000 for each occurrence plus an umbrella policy of not less than $4,000,000, for a total of $5,000,000 for each occurrence. If such insurance contains a general aggregate limit it will apply separately to this Agreement or be no less than two times the occurrence limit (ii) Occurrence Based Products and Completed Onerations Liability Insurance. Products and completed operation liability insurance with a limit not less than $2,000,000 for each occurrencei$2,000,000 general aggregate. (iii) Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a limit of not less than $1,000,000 for each accident Such insurance will include coverage for owned, hired and non -owned vehicles. (iv) Workers' Compensation Insurance. Workers' compensation insurance or equivalent form with Limits not less than. (A) Bodily Injury by Accident: $1,000,000 Each Accident (B) Bodily Injury by Disease: $1,000,000 Each Employee (C) Bodily Injury by Disease: $1,000,000 Policy Limit (b) Certificates of Insurances. At the Customer's request, GUARDIAN RFID will provide property executed Certificates of Insurance which will clearly evidence all insurance required in this Agreement and which provide that such Insurance may not be canceled, except on thirty (30) days prior written notice to the Customer. 18. INDEPENDENT CONTRACTOR RELATIONSHIP It is expressly understood by the Customer and GUARDIAN RFID that GUARDIAN RFID will not be construed to be, and is not, an employee of the Customer. GUARDIAN RFID will provide services to the Customer as an independent contractor with control over the time, means and methods for fulfilling Its obligations under this Agreement GUARDIAN RFID further acknowledges that neither it nor any of the Authorized GUARDIAN RFID Personnel is entitled to benefits from the Customer such as holiday time, vacation time, sick leave, retirement benefits, health benefits, or other benefits usually associated with employment with the Customer. GUARDIAN RFID System Agreement Renewal 114 02018 GUARDIAN RFID. AD rights reserved. GUARDIAN RFID Is a U.S, registered trademark. Confidential & Proprietary. (Rev. 212018) 0_11; 22GUARUIANRFID 19. NON -DISPARAGEMENT During the Term of the Agreement, and for a period of one (1) year after termination or expiration of the Agreement, each party will refrain from any statements or comments (in oral or written form) that could damage, disparage, or cause injury to the other party's reputation. 20. MISCELLANEOUS (a) Entire Agreement. This Agreement, including its Addenda and documents or other information specifically referenced in this Agreement, constitutes the entire expression of the parties' agreement on the matters contained in this Agreement. All prior and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged Into and superseded by this Agreement. (b) Amendments. The parties may not amend this Agreement except in a writing that each party signs. The terms of such amendment will apply as of the effective date of the amendment, unless the amendment specifies otherwise. (c) Change Orders. Any change orders and out -of -scope work must be agreed to by executing an amendment to this Agreement pursuant to Section 20(b). (d) Waiver. No provision of this Agreement will be waived except pursuant to a writing executed by the party against which the waiver is sought. No waiver will be applicable other than in the specific instance in which it is given. No failure to exercise, partial exercise of, or delay in exercising any right or remedy or failure to require the satisfaction of any condition under this Agreement will operate as a waiver or estoppel of any right, remedy or condition. (e) Assignment. This Agreement will be binding upon, and the benefits and obligations provided for In this Agreement will Inure to, the parties and their respective owners, shareholders, members, heirs, legal representatives, successors and assigns. The Customer may not assign, without the prior written consent of GUARDIAN RFID, which consent will not be unreasonably withheld, the Customer's rights and obligations under this Agreement, in whole or in party, whether by merger, consolidation, assignment, sale of stock, operation of law or otherwise, and any attempt to do so will be deemed a material breach of this Agreement. (f) Notice. Except as otherwise provided in this Agreement, each party giving any notice required under this Agreement will do so in writing and will use one of the following methods of delivery: (i) Delivered personally, with the notice effective upon delivery; (il) U.S.-recognized overnight courier, with the notice effective at the time delivery is shown in the courier's records; or (iii) Postage prepaid by U.S. registered or certified mail, return receipt requested, with the notice effective upon receipt or upon the date that delivery is attempted and refused. All notices shall be addressed to the parties at the addresses set forth in the recitals of this Agreement, except that either party may designate another notice address in a notice given under this Section. (g) Severgbility. If any provision of this Agreement Is held Invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or Impaired. GUARDIAN RFID System Agreement Renewal 115 02018 GUARDIAN RFID. All rights reserved GUARDIAN RFID Is a U.S. registered trademark. Confidential & Proprietary. (Rev. 212018) FFFID ,:�Jl �UA1e& R (h) Remedies. Unless otherwise specified in this Agreement, the rights and remedies of both parties set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity. (i) Construction. This Agreement will be constructed as if drafted by both parties and will not be strictly construed against either party as a result of drafting. Q) Headings. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. (k) No Third Party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties to this Agreement. (1) Force Majeure. Any delay or failure of performance of either party to this Agreement will not constitute a breach of the Agreement or give rise to any claims for damages, if and to the extent that such delay or failure is caused by an occurrence beyond the reasonable control of the party affected, including acts of governmental authorities, acts of God, material shortages, wars, riots, rebellions, sabotage, fire, explosions, accidents, floods, strikes or lockouts of third parties, or electrical, Internet, or telecommunication outage that is not caused by the obligated party. If one of the parties intends to invoke this provision, that party will promptly notify the other party of the cause of the delay or failure beyond its reasonable control and will use commercially reasonable efforts to mitigate the resulting delay or failure. This Section does not excuse either party's obligation to take reasonable steps to follow its normal disaster recovery procedures or the Customer's obligation to pay for the GUARDIAN RFID System under this Agreement. (m) Non -Discrimination. GUARDIAN RFID agrees to abide by the requirements of the following as applicable: Title VI of the Civil Rights Act of 1964 and Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, Federal Executive Order 11246 as amended, the Rehabllltation Act of 1973, as amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, the Fair Housing Act of 1968 as amended, and the Americans with Disabilities Act of 1990. GUARDIAN RFID agrees not to discriminate in its employment practices, and will render services under this Agreement without regard to race, color, religion, sex, national origin, veteran status, polltical affiliation, disabilities, or because of an individual's sexual orientation. Any act of discrimination committed by GUARDIAN RFID, or failure to comply with these obligations when applicable shall be grounds for termination of this Agreement. (n) Exnort Control. GUARDIAN RFID agrees that if the U.S, export laws are or become applicable, it will not export any of the Customer's data and/or information received under this Agreement to any countries for which the United States govemment requires an export license or other supporting documentation at the time of export or transfer, unless GUARDIAN RFID has obtained prior written authorization from the appropriate authority responsible for such matters. (o) Governing Law. The laws of the State of Texas, without regard to Texas's choice=of-law principles, govern all matters arising out of or related to this Agreement. GUARDIAN RFID System Agreement Renewal 116 MO IS GUARDIAN RFiD. AM rights nerved. GUARDIAN RFID is a U.S, registered trademark. Confidential & Proprietary. (Rev. 212018) Vol. -3-0-4--Pg. - -11 GUARDIANRFID By signing below, GUARDIAN RFID and the Customer each agrees to the terms and conditions of this Agreement and acknowledges the existence of consideration. GUARDIAN RFID By: (signa ure A�a-uthoCrZed representative) Name: Ken Dalley Title: President Date: 10191119 us R By: (signature of authorized representative) Name: DU"PL g1QVS Title: u Date: 1 GUARDIAN RFID System Agreement Renewal 117 192018 GUARDIAN RFID. A I rights reserved. GUARDIAN RFID is a U.S. registered trademark. Confidential & Proprietary. (Rev. 212018) Vol.3 oq--- pg. 300 a48* GUARDIANWID ADDENDUM A EXISTING GUARDIAN RFID SYSTEM COMPONENTS BEING USED BY CUSTOMER Product Product Family' Quantity GUARDIAN RFID OnDemand — Level 4 Platform 1 GUARDIAN RFID Moblle Command Software 20 GUARDIAN RFID SPARTAN (Rugged Android) Hardware 1 GUARDIAN RFID Medication Manager Software 1 GUARDIAN RFID Hard Tags (Gent) Hardware 200 rwuuLA immy Liaruyuntls brei rianorm, aonware, rleraware ano Proresslonal Service, GUARDIAN RFID System Agreement Renewal 118 02018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark. Confidential & Proprielary. (Rev. 212018) Vol. 364 pg. -- GUARD/ANRF'ID ADDENDUM 8 FEE PAYMENT SCHEDULE Invoices will be sent from GUARDIAN RFID to the Customer based an the occurrence of certain events, as follows: Fee Type Event Occurrence Amount Initial Tenn Fee Contract Execution $9,950.00 These amounts do not Include any taxes. •• Renewal Fees represent the costs for renewing licenses to use the GUARDIAN RFID System for any Extended Terms and will be increased if the Customer chooses to make additional purchases from GUARDIAN RFID of additional Hardware or licenses for GUARDIAN RFID Software, access and use of the GUARDIAN RFID OnDemand platform, or Third Party Software. In such case, GUARDIAN RFID will provide the Customer with an updated Addendum 8 at the time of such additional purchases, which will automatically amend and replace this Addendum B. In addition to increases due to those additional purchases, renewal fees may be increased by up to 3.5% annually, provided that GUARDIAN RFID provides notice to the Customer ninety (90) days prior to the end of the Initial Term or the end of any Extended Term, as applicable. GUARDIAN RFID System Agreement Renewal 119 x12018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark Confidential B Proprietary. (Rev. 212018) vol. 30 `f pg. 3® SOLE SOURCE I SINGLE SOURCE I NO SUBSTITUTE JUSTIFICATION Complete this form and submit to Purchasing for Sole Source purchases over $1000.00 REQUISITION # ITEM(S) Guardian - RFID COST S__ 1. Check the category most applicable to your requirement: QSole Source. (No other known source or the only source meeting speciftcations.) []Single Source. (Only the designated Supplier is acceptable due to territories, others may exist.) Other. Please Explain II. Check the description(s) most applicable to your requirement: Item has characteristics unique to a Single manufacturer essential to proposed use. VProprietary repair or replacement item. Designed into fabricated equipment Required for test and evaluation. ❑Emergency acquisition as defined in LGC 262 QOther: III. Defining Item ISupplier uniqueness: A. What are the minimum use requirements (e.g., operating specs; dimensions; tolerances; accuracy; purlty; reliability: useful life, etc]? B. How are these requirements critical to your needs? Support & maintenance for the Cell Checking System for the Jail. C. What other suppliers were considered and why were they rejected? (Brand names and suppliers should be specified.) None D. Why is this make, model, service, or supplier the only one acceptable? No other organization offers these services to maintain their proprietary software. il- ( Prepared By: O / ; Date: - (Department Personnel) Approved By: Date: Z01 (Department Head or Elected Official) JDenied By: Date: \�ol. �� Psi. 3113 COMMISSIONER COURT MINUTES OF OCTOBER 29, 2019 ARE CONTINUED IN VOLUME 305 PAGE 1 COMMISSIONER COURT MINUTES OF OCTOBER 29, 2019 ARE CONTINUED FROM VOLUME 304 IVol._ Q I g�- Page 1 of 2 PARTICIPATING ADDENDUM WSCA-NASPO COOPERATIVE PURCHASING ORGANIZATION Electronic Monitoring of Offenders Administered by the State of Washington (hereinafter "Lead State") MASTER AGREEMENT/CONTRACT- Washington Contract Number. 90212 Sentinel Offender Services. llC, (hereinafter "Contractor") and Brazos County Juvenile Services (hereinafter °Participating Entity°) 1. Scotia: This addendum covers the purchase of electronic monitoring of offenders services through Contracts lead by the State of Washington for use by state agencies and other entities located in the Participating Entity authorized by that state's statutes to utilize state/entity contracts with the prior approval of the state's chief procurement official. 2. Participation: Use of specific WSCA NASPO cooperative contracts by agencies, political subdivisions and other entities (including cooperatives) authorized by an Individual state's statutes to use state/entity contracts are subject to the prior approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Official. 3. Partlelpatlna Entity Modiflcations or Additions to Master Agreement The Brazos County Standard Terms and Conditions are Incorporated herein as Attachment 1, In the event of any conflict between the terms of the Brazos County Standard Terms and Conditions and the WSCA-NASPO terms, the Brazos County Standard Terms and Conditions terms shall take precedence. 4. Primary Contacts: The primary contacts for this participating addendum are as follows (or their named successors): 1 n�%.t 4Qs!2+e. Name I Robert Paulson, Jr. C.P.M., Contract Administrator Address: State of Washington Department of Enterprise Services, Master Contracts & Consulting PO Box 41411 Oiympla, WA 98504-1411 Contacts: Phone (3601407-9430, Fax (360) 586-2426, Email robert.Dauison@des.wa.nov 5. Purchase Order Instructions: All orders should contain the following (1) Mandatory language "Tills order Is subject to WSCA-NASPO Contract # 00212 terms, conditions, specifications and pricing' (2) Your Name, Address, Contact, & Phone -Number. (3) Other program requirements as necessary. 6. Individual Customer. Each State agency and political subdivision, as a Participating Entity, that purchases electronic monitoring services will be treated as an Individual Customer. Except to the extent modified by a Participating Addendum, each agency and political subdivision will be responsible to follow the terms and conditions of the Master Agreement/Contraor,, and they will have the same rights and responsibilities for their purchases as the Lead State has in the Master AgreementlContract. Each agency and political subdivision will be responsible for their own charges, fees, and liabilities. Each agency and political subdivision will have the some rights to any Indemnity or to recover any costs allowed In the contract for their purchases. The Contractor will apply the 'charges to each Participating Entity individually. VO(. 2bs- pg. Page 2 of 2 This Participating Addendum and the Master Agreement/Contract number 00212 (administered by the State of Washington) together with Its exhibits, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral orwritten, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or In addition to the terms and conditions of this Addendum and the Master AgreementlCoptract, together with its exhibits, shall not be added to or Incorporated Into this Addendum or the Master Agreement/Contract and Its exhibits, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Addendum and the Master Agreement/Contract and Its exhibits shall prevail and govern in the case of any such Inconsistent or additional terms within the Participating State. IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by both parties below. Participating Entity: Brazos County Juvenile Seryl Contractor, Sentinel Offender Services, LLC; BY:: ame Hans Kin chDePe Name: et Title. Brazos ountyJuclge Tithe: Chief Financial Officer Date: 916113 6 /3 Date: 9/12/2013 F.- 0A. rr. -�* Brazos County � Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 October 8, 2019 Sentinel Offender Services, LLC . Phone. 1-800-589-6003 1290 N. Hancock Street, Ste 103 Anaheim, CA 92807 Re: Renewal of Contract #20-0718 Monitoring of JuYeWle Offenders. Brazos County appreciates the quality work your company has provided and would like to exercise the. renewal option for Monitoring of Juvenile Offenders, #20-071R previorisly known as 18-033R,17--08SR. and 2013-92. All terms, conditions, and pricing shall remain the same. The term of this renewal will be January 01, 2020 to December 31, 2020. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to lmaness@brazoscountytx.gov or fax to (979) 361-4293. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361-4284. Contact Name: Dennis Fuller Telephone. 800-589-6003 SENTINEL OFFENDER SERVICES Title: Chief Financial Officer Authorized Si&a#ure Dennis Fuller, Ch of Financial Officer BRA S C UNTY Duane Peters, County Fudge Email: dfullee aOse.ntineladvanta_►e.com Ey5- Pg. �Tg 10/8/19 Date 10/2.Ct / le� Date Contract Summary Contract Summary Electronic Monitoring of Offenders Page 1 of 2 rfaWashington State Department of _ Enterprise Services NASPO ValuePoint Contract#: 00212 Replaces: 14600 NASPO ValuePoint Electronic Monitoring of Offenders - Contract # 00212: The purpose of this master agreement/contract is to provide electronic monitoring of offender services - radio frequency (RF) monitoring, alcohol monitoring, and satellite monitoring and remote tracking (GPS) - to NASPO ValuePoint participating entities - states and authorized political subdivisions, and to Washington state Ordering Steps for Electronic Monitoring of Offenders Contract: 1. Follow this link to the NASPO ValuePoint Contract Page. Here you will see all contractors that have been awarded under the contract 2. Click on the contractor you are interested in to be directed to their individual NASPO ValuePoint contractor page. 3. Under the "DOCUMENTS" heading on -the left hand side of the contractor page various documents are available with information such as specifications, or sample quotations. Products and pricing are located within the contract document in an exhibit at the end. 4. Under the "CONTACT INFORMATION' heading on the right hand side of the contractor page you will see the contact information for the contractor where you may contact them with any questions or to place an order. Current Term Start Date: 01-01-2017 Award Date: 06-04-2013 Est. Annual Worth: $66,667 Current Term Ends On: 12-31-2019 Final Term Ends On: 06-03-2023 Commodity Code(s): 220-34, 465-60, 680- 24, 680-71, 915-70 Diversity: 0% WBE 0% MBE # of Bids Received: 7 Contact Info: Master Contracts & Consulting — Neva Peckham at (360) 407-9411 or neva.peckham@des.wa.gov Secondary Contact Info: Master Contracts & Consulting — Marci Disken at (360) 407-9405 or marci.disken@des.wa.gov Who can use this contract? . Organizations with Master Contract Usage Agreements Current Documents Historical Documents 3M Electronic y Original Monitoring Solicitation BI Incorporated Documents Bid Tab Resources Contract Comments Vendor and Contract Performance Feedback https://fortress.wa.gov/es/apps/ContractSearch/ContractSummary.aspx?c=00212 12/5/2017 \1"1 a)5 ?G Contract Summary y SCRAM Executive Systems Award a Sentinel Summary H STOP (formerly ALS) M=OMW8E Certified Minority Owned W=OMW6E Certified Women Owned MW=OtMWaE Certified Minority Women Ormed Information about the number of bids received is included to show. • Vendors which contracts would benefit from more competition. • Assure our customers that we sought the best overall value through as many competitive bids as possible. NASPO ValuePoint The NASPO ValuePoint Cooperative Purchasing Organization (formerly WSCA-NASPO) creates multi -State contracts in order to achieve cost-effective and efficient acquisition of quality products and services. NASPO VP contracts maximize cost avoidance, reduce individual state administrative costs, and encourage market competition and product availability through standard specifications and consolidated requirements. NASPO VP contracts are available for use by public agencies when approved by the State Purchasing Director. List of current NASPO ValuePoint contracts ��,� `ll��•�f'ID) fire;fj� Page 2 of 2 G Copyright 2012 Department of Enterprise Services https://fortress.wa.gov/es/apps/ContractSearch/ContractSummary-aspx?c=00212 12/5/2017 I n1 - '.__140-15— -P G U Small Contractors OMWBE Veteran Business ALCOHOL MONITORING N N SYSTEMS, INC. - w38328 ATTENTI US, INC. - w32928 N N BI INCORPORATED - w29419 N N SATELLITE TRACKING OF PEOPLE LLC - w11172 N N SENTINEL OFFENDER SERVICES LLC - w19568 N N M=OMW8E Certified Minority Owned W=OMW6E Certified Women Owned MW=OtMWaE Certified Minority Women Ormed Information about the number of bids received is included to show. • Vendors which contracts would benefit from more competition. • Assure our customers that we sought the best overall value through as many competitive bids as possible. NASPO ValuePoint The NASPO ValuePoint Cooperative Purchasing Organization (formerly WSCA-NASPO) creates multi -State contracts in order to achieve cost-effective and efficient acquisition of quality products and services. NASPO VP contracts maximize cost avoidance, reduce individual state administrative costs, and encourage market competition and product availability through standard specifications and consolidated requirements. NASPO VP contracts are available for use by public agencies when approved by the State Purchasing Director. List of current NASPO ValuePoint contracts ��,� `ll��•�f'ID) fire;fj� Page 2 of 2 G Copyright 2012 Department of Enterprise Services https://fortress.wa.gov/es/apps/ContractSearch/ContractSummary-aspx?c=00212 12/5/2017 I n1 - '.__140-15— -P G U *�* Brazos County Purchasing Department o 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 October 15, 2019 Vulcan Inc., dba Vulcan Signs 408 E. Berry Avenue Foley, AL 36535 Re: Renewal of Contract #20-076R for Road Signs & Sign Posts for Brazos County. Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Road Signs & Sign Posts 20-076R, previously known as I9-084. All terms, conditions, and pricing shall remain the same. This renewal term will be for one year from January 19, 2020 to January 18, 2021. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to knachlinger@brazoscountytx.gov or fax to (979) 361-4293. Please then submit 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) 361-4285. Contact Name: E -Mail;_ 'N u I can 3 e V u I ran i nc . cc Telephone: 1X. A..L-S nM–IML; Vulcan Inc., dba Vulcan Signs Duane Peters, County Judge )oh6 ) Date 10 /7 -Cl 119 Date 20-076R Road Signs and Sign Posts Bid Tabulation January 19, 2020 -January 18, 2021 Osbum Assodastes Yuko Inc Dobie Su I , LLC Ughtle Enterprises of Ohio, LLC St narama BCS Item Est Description Size Sign 11 fake 1 JIMPReg� Price Ea. TTL Price Price Ea. TTL Price Price Ea. TTL Price Price Ea. TTL Price 1 1 Blank Speed Limit- White w/ black letters 24 x 30 R2.1 (BLANK) fl�$24d'T7, =$Z4117 $29.40 $29.40 $25.75 $25.75 $30.75 $30.75 $66.26 $66.26 2 10 20 MPH Speed Limit- White w/ black letters 24 x 30 R2-1.20 "$24917 = 249170 $29.40 $294.00 $25.75 $257.50 $30.75 $307.50 $66.26 $662.59 3 10 25 MPH Speed Limit -White w/ black letters 24 x 30 112.1- 25 $24 17 = 241370 $28.40 $294.00 $25.75 $257.50 530.75 $30750 $66.26 $662.59 4 10 30 MPH Speed Limit. White w/ black letters 24 x 30 R2.1- 30 $2432 =$AAD $28.40 $284.00 $25.75 $257.50 $30.75 $307.50 $66.26 $66259 5 10 35 MPH Speed Limit. White w/ black letters 24.30 112.1- 35 $24!17 WSUD0 $28.40 $284.00 525.75 5257.50 $30.75 $30750 $66.26 $662.59 6 10 40 MPH Speed Limit. White w/black letters 24 x 30 R2-1.40 W5274417 E 24170 $29.40 $294.00 $25,75 $257.50 $30.75 $307.50 $66.26 $662.59 7 10145 MPH Speed Limit -White w/ black letters 24 x 30 R2-1-45 =$24732 =$24$70 $29.40 $294.00 $25.75 $257.50 $30.75 $30750 $66.26 $66259 8 10 50 MPH Speed Limit - White w/ black letters 24 x 30 R2.1- 50 4?l7. =$241!70 $29.40 $294.00 $25.75 $257.50 $30.75 $307.50 $100.42 $1,004.22 9 10 55 MPH Speed Limit - White w/ black letters 24 x 30 R2.1- 55 RU24r17 =$243:70 $29.40 $294.00 $25.75 5257.50 $30.75 $307.50 $100.42 $1,004.22 10 20 60 MPH Speed Limit - White w/ black letters 24 x 30 R2.1. 60 �$24F17, 3:40 $29.40 5588.00 $25.75 $257.50 $30.75 5615.00 $100.42 $2,008.45 11 30 15 MPH Speed Advisory- Yellow w/ black letters 18 x 18 W33.1.15 $11736 =$113190 $13.23 $132.30 $13.75 $137.50 $13.84 $138.40 532.19 $321.91 12 115 MPH Speed Advisory - Orange w/ black letters 18x18 W13 -1 -IS � iL;SS� 1655 $13.23 $13.23 S13.75 $13.75 $13.84 $13.84 13 10 20 MPH Speed Advisory -Yellow w/ black letters 18 x 18 W13-1 - 20 IWSfI i =$37.8.10 $13.23 $132.30 $13.75 $137.501 $13.84 $238.40 $32.19 $321.91 14 1 20MPHSpeed Advisory -Orange w/ black letters 18x18 W33-1-20 R$WSS= 16:55 $13.23 $13.23 $13.75 $13.75 $13.84 $13.84 151 10125 MPH Speed Advisory -Yellow w/ black letters 18 x 18 W13.1- 25 19$106 = 119?60 S13.23l $132.30 $13.75 $13750 $13.84 $138.40 $32.19 $312.91 161 1 25 MPH Speed Advisory - Orange w/ black letters 18 x 18 W13-1- 2S W$IC'S5 = liSS $13.23 $13.23 $13.75 $13.75 $13.84 $13.84 17 10 30 MPH Speed Advisory -Yellow w/ black letters Is IS W13-1.30 W3111=$113T60 $13.23 $132.30 $13.75 $137.50 $13.84 $138.40 $32.19 $321.91 18 130 MPH Speed Advisory• Orange w/ black letters 18x18 W33-1.30 19 Ii155= 1955 $13.23 $13.23 533.75 $13.75 $1184 $13.84 19 1035 MPH Speed Advisory -Yellow w/black letters 18x18 W13.1-35 ON$S1T,S61060 $13.23 $132.30 $13.75 $13750 $13.84 $138.40 532.19 $321.91 20 1 35 MPH Speed Advisory -Orange w/ black letters 18 x 18 W23.1- 35 USICSS IM516S5 $13.23 $13.23 $13.75 $13.75 $13.84 513.84 21 10 40 MPH Speed Advisory -Yellow w/ black letters 18 x 18 W33.1.40 W$11z.16 = 115!60 $13.23 $132.30 $13.75 $137.50 $13.84 $138.40 $48.78 $487.83 22 140 MPH Speed Advisory -Oran ew/black letters 18x18 W33-1-40 M 19;55 E$16!55 $13.23 $13.231 $13.75 $13.751 $13.84 $13.84 23 1045 MPH Speed Advisory -Yellow w/black letters 18x18 W13.1-45 WSW136 WS711KISDI $13.23 $132.30 $13,75 $137.SDI $13.84 $138.40 $48.78 $487.83 24 145 MPH Speed Advisory -Orange w/ black letters 18x18 W33-1-45 1105 =SIGSSJ $13.23 $13.23 $13.75 $13.75 $13.84 $13.84 25 10 SO MPHSpee d Advisory -Yellow w/black letters 18x18 W33-1-50 W0 =SfI3!6Q1 $13.23 $132.30 $13.75 $137.50 $13.84 $138.40 $48.78 $487.83 26 1055 MPH Speed Advisory -Yellow w/ black letters 18x18 W33-1.55 W137,36=$113C60 $13.23 $132,30 $13.75 $13.75 $13.84 $138.40 $48.78 $487.83 27 20 STOP - Red w/ white letters 36x36 RS -1 M43152 W$870'40 $60.48 $1209.60 $52.20 $1,044.00 $59.20 S1,184.00 $76.08 51,52157 28 10 YIELD. Red w/ white letters 36 x 36 RI -2 W$22.133 M$223130 $60.48 $604.80 $32.00 $320.00 $29,93 $299.30 $60,07 $600.71 29 SO STOP AHEAD -Yellow w/ black letters 36 x 36 W3-1 N$47;04 =$470:04 $60.48 5604.80 $44.00 $440.00 $62.50 $625.00 $175.54 $1,755.35 30 20 DEAD END -Yellow w/black letters 30x30 W14-1 W$2T:62 MW230 $36.75 $735.00 531.50 $630.00 $38.44 $768.80 $81.76 $1635.26 311 20 NO OUTLET - Yellow w black letters 30x30 W14-2 "$27162 r$SSZ10 $36.75 $735.00 $31.50 $630.00 $38.44 5768.80 $81.76 $1,635.26 321 20NO OUTLET -Yellow w/black letters (w/arrow) 36x8 W14 -2a WS9,'67, 5$19-3:40 $11.76 $235.20 $10.75 $215.00 $12.30 $246.00 $44.08 $881.55 331 1090 degree Left Tum -Yellow w/ black letters 30x30 WI -SL $27'62=27C;20 $36.75 5235.20 $31.50 $315.00 $38.44 $384.40 $81.76 $817.63 34 10 190 degree Right Turn -Yellow w/ black letters 30 x 30 WI -1R W$27.62 WW276F20 $36.75 $367.50 $31.50 $315.00 $38.44 $384.40 581.76 $817.63 35 10 45 degree Left Curve -Yellow w/ black letters 30 x 30 WI -21. fi 27192 =276120 $36.75 $367.50 $31.50 $315.00 $38.44 $384.40 $91.76 $817.63 36 10 45 degree Richt Curve • Yellow w/ black letters 30 z 30 WS -IR "$M62 WS2700 $36.75 $367.50 $31.50 $315.00 $38.44 $384,10 $81.76 5817.63 37 10 90 degree Leh Reverse Tum -Yellow w/ black letters 30 x 30 W3-31. Q 27992 =$276120 $36.75 $36750 $31.50 S315.00 $38.44 5384.40 $81.76 $817.63 38 10 90 degree Right Reverse Tum - Yellow w/ black letters 30 x 30 W1•3R W$27162 = 27910 $36.75 $367.50 $31.50 $315.00 $38,44 5384.40 $81.76 $817.63 39 SO 45 degree Left Reverse Tum •Yellow w/black letters 30 x 30 WI -41.W$27:42 =$276!20 $36.75 $367.50 $31.50 5315.00 $38.44 $384.40 $81.76 5817.63 40 10 45 degree Right Reverse Turn - Yellow w/ black letters 30 x 30 W14R W12162 =S27001 $36.75 $367.50 $31.50 $315.00 $38.44 5384.40 $81.76 $817.63 41 10 Left Winding Road -Yellow w/ black letters 30 x 30 W1-51. @$27142 M$276120 $36.75 $367.50 $31.50 $315.00 $38.44 $384.40 $81.76 $817.63 42 10 Right Winding Road -Yellow w/black letters 30x30 W1 -5R '62=27520 $36.75 $367.50 $31.50 $315.00 $38.44 5384.40 $81.76 $817.63 43 10 90' Side Road Symbol • Yellow w/ black letters 30 x 30 W2.2 W$27.'* M$276 76;20 $36.75 S367.501 $31.50 $315.00 $38.44 5384.40 $81.76 $817.63 44 5 BRIDGE OUT• Yellow w/black letters 30x30 W42-3 27:92 1$1!11]0 $36.75 $183.751 $31.50 $157.50 $38.44 $192.20 $123.90 $619.48 45 1 ONE LANE BRIDGE -Yellow w/ black letters 30 x 30 WS -3 1$27292 x$27,62 $36.75 $36.75 $31.50 $31.50 $38.44 538.44 $81.76 $81.76 46 S LOAD ZONED BRIDGE -Yellow w/ black letters 30x30 W12-5 W$27162 �t27:62 $36.75 $36.75 $31.50 $31.50 $38.44 $38.44 47 30 T- Road Symbol -Yellow w/ black letters 30 x 30 W2.4 R$27:02 = 276120 $36.75 $367.50 $31.50 5315.00 $38.44 $384.40 $81.76 $817.63 48 5 Y. RoadSymbol Left -Yellow w/black letters 30x30 W2 -SL 1$27!62 M"110 $36.75 $183.75 $31.50 S157.S01 $38.44 $192.20 $123.90 $619.48 49 5 1 Y -RoadSymbol Right - Yellow w/black letters 30x30 W2 -SR !0$27T$2 W$1321111 $36.75 5183.75 $31.50 $15750 $38.44 $192.20 $123.90 $619.48 50 5Y- Road Symbol left - Yellow w/ black letters 30x30 W2-31. 10a7s62=$139TID $36.75 $183.75 $31.50 $157.50 $38.44 $192.201 $123.90 $619.48 51 5 Y. Road Sybol Right • Yellow w/ black letters 30 x 30 W2 -3R $27992 0$159!10 $36.75 $183.75 $31.50 $157.50 $38.44 $192.20 $123.90 $619.48 52 One way arrow - left 96x48 WI.91. 5514152=4166932 $215.01 $215.04 $200.00 $200.00 5212.80 5212.80 53 1 One way arrow - right 96x48 WI -9R =$1W2 $215.04 $215.04 $200.00 $200.00 $212.80 $212.80 54 1Two wayanow 96x48 Wl-10 =$IW32 $215.07 $215.04 $200.00 $200.00 $212.80 $212.80 55 10 La a Arrow -Yellow w/ black letters 48924 WI -6 M rip $53.76 $537.60 $54.00 $540.00 $53.20 $532.00 $103.46 $1,034.55 56 10 La eDouble Arrow -Yellow w/black letters 48x24 WI.7 =0!;60 $53.76 5537.60 $54.00 $540.00 $53.20 $532.00 $103.46 $1,034.5557 150 Chevron -Yellow w/black letters 18x24 Wl-8 t1911611 W$ 053;50 537.64 $2,646.00 517.25 52,587.50 $18.45 $2,757.50 $41.48 $6,222.00SS 1 MOWERS AHEAD -Orange w/black letters 30x30 CW21-9 0 27`62 $36.75 $36.75 $31.50 $31.50 $38.44 $38.44 $123.90 $123.9059 1 MEN WORKING• Orange w/black letters 30x30 MCW21-1 27:62 $36.75 $36.75 $31.50 $31.50 $38.44 $38.44 $123.90 $123.90 60 5 COUNTY M1IAINTENANCE ENDS -White w/black letters 24 x 15 027 x$71120 $14.70 $73.50 $14.50 $72.50 $15.50 $77.50 61 5 COUNTY MAINTENANCE BEGINS - White w/ black letters 24 x 15 D28 � 72120 $14.70 $73.50 $14.50 $72.50 $15.50 $77.50 62 30 Flood Gau a -Flour Yellow w/black letters 12x72 W8-19 S 1056'50 $47.34 $1,420.20 $22.50 $675.00 $44.40 $1332.00 63 30 Flood Gauge (Plaque) - Flour Yellow w/ black letters 18 x 12 W8.19aTP m$30"OS =$301150 $8.75 $262.50 $11.10 $333.00 641 30 Object Marker Left - Yellow w/ black letters 12x36 -OM -3L t 1451 15435!30 $13.00 $390.00 $18.45 5553.50 541.48 $1,244.40 651 30 Object Marker Right -Yellow w/ black letters 12x36 OM -3R WSf4!SI1MS4100I 2 $13.001 $390.00 $18.45$55350 $41.09 51,244.40 66 5 DETOUR Leh -Orange w/ black lectors 30 x 24 M4.91. � 4,'17 =$120.95 $25.75 $128.75 $30.75 $153.75 $66.26 $331.30 67 5 U11 RIGHT •Orange black letters 30 x 24 M4R .924.137 = =5120AS $25.75 $128.75 $30.75 $153.75 566.26 $331.30 68 20 NO NO DUMPING - White w/ black letters 18 x 24 839.5 151359 109$27 $17.25 $345.00 $18.45 $369.00 691 10 PAVEMENT ENDS -Yellow w/ black letters 30 z 30 W8.3 W$2732 M$276,120 $31.50 $315.00 $36.44 $384.40 $81.76 $817.63 701 1 FLAGMAN AHEAD -Orange w black letters 36 x 36 MCW20.7D t .9i =[S40:96 $52.20 $52.20 $59.85 $59.85 71 1 OBSERVE WARNING SIGNS - Oran a w/ black letters "'MDO'• • 48 -x42 R20-3 W $63.00 $63.00 $86.10 $86.10 72 1 END CONSTRUCTION • Orange w/ black letters •'•MDO••' 60 x 24 G20-2 M$52.00 �S$2I60 $45.00 $45.00 $6650 $66.501 $659.60 $659.60 73 1 BE PREPARED TO STOP - Orange w/ black letters 30 x 30 CW21.8 1W$27?i2 =527.421 $31.50 $31.50 $38.34 $38.34 $123.90 $123.90 74 1 ROAD CONSTRUCTION NEXT MILES • Oran a w/ black letters 60 x 36 G20-1 01019.1107 $82.50 $82.50 $99.75 $99.75 75 30 NEIGHBORHOOD 24x6 R2-SbP lnwww MSS L79 $8.25 582.50 $6.15 $61.50 761 10 RESIDENTIAL 24 x 6 R2.5tP FWW17 = 1170 $6.25 $82.50 $6.15 $61.50 77 78 79 3 TRAFFIC SIGNAL AHEAD -YELLOW WITH SIGNAL GRAPHIC 4 Do Not Pass- White w/black letters 4 Divided Highway Slgn- Yellow w/ black ra hits 36x36 24 x 30 36x36 W3-3 R4.1 IN 4 0 ,!i = 122:!1 i�52437 !ilii 165',64 $60.48 $29.40 $60.48 5181.44 $117.60 $241.92 552.20 $25.75 $52.20 $157.50 $103.00 $210.00 $63.00 $30.75 $59.85 5189.00 $123.00 $239.40 $120.17 $100.42 5360.51 $401.69 80 4 Divided Highway Sign - Yellow w/ black graphics 30x30 W6-2 R327C62 = 1x0.48 $36.75 $147.00 $31,50 $126.00 $38,441 $153.76 81 30 Reduced Speed Limit Ahead -Yellow 36x36 W3.5 6M'.09160 $60,48 $604.80 $52.20 $522.00 $63.40 $634.00 82 4 Two -Way Traffic - Yelloww/black graphics 36x36 W6-36 WS14•lu $60.48 $241.92 $52.20 $210.00 $59.85 $239.40 $17S.54 $702.14 83 6 Bicycle - Yeliow w/ black graphics 30x30 Wil -12 x$165})2 $36.75 $22050 $31.50 $189.00 $38.44 $230.64 $123.90 $743.38 84 6 Pedestrian - Yeliow w/ black graphics 30x30 W11-22 1f9F72 $36.75 5220.50 $31.50 $189.00 538.44 $230.64 $81.76 $490.58 85 6 Truck - Yellow w/ black graphics 30x30 Wil -102 2$165!-73 $36.75 $220.50 $31.50 $189.00 $38.04 $230.64 $123.90 $743.38 86 WEIGHT LIMIT GROSS $8,420 WEIGHT LIMIT White w/ black 20 letters 24 x 36 R12 -1T957160 $35.28 $705.60 $31.50 $630.00 $36.90 $738.00 87 20 NO THRU TRUCKS OVER 30,000 LBS White w/ black letters 24 x 36 NTTO-309 J211 �j579.i0 $35.28 $705.60 $31.50 5630.00 536.90 $738.00 88 5ROAD CLOSED -CULVERT OUT -Orange w/black letters 36x36 MCW2D{04 W$2071t0 $60.48 $302.40 $52.50 $262.50 SS9.85 $299.25 89 5 ROAD CLOSED -White w/ black letters •••M00••• 30x48 R31.2 3 WS256115 $67.20 $336.00 $45.00 $225.00 $66.50 5332.50 $111.71 5558.55ROAD 90 CLOSED TO THRU TRAFFIC - White w/ black letters 5 •'•MDO•" 30x60 Rll-42 5120.10 $84.00 $420.00 $56.25 $281.25 $83.13 $415.65 5159.23 $796.14ROAD 91 CONSTRUCTION AHEAD - Orange w/ black letters 10 ••.MDO•" 48x48 CW2D-1D4 $AN. $107.52 $1,075.20 $72.00 $720,00 $106.40 $1,064.00 $202.61 52,026.1392 1 DIP -Yellow w/ black letters 30 x 30 DIP 2 27:12 $36.75 $36.75 $31.50 $31.50 $38.44 $38.44 $81.76 $81.76 93 1 CAUTION - UNEVEN LANES - Oran a w/ black letters 36 x 36 CW21.14 NW.96 SWM $60.48 $60.48 $52.20 $52.20 $59.85 $59,85 94 10 Round RAI L -ROAD CROSSING - Yelloww/black letters 36" W10-1 NS49TTSO MY95?00 $60.48 $604.90 $53.20 $532.00 $59.85 S598.501 $115.86 $1,158.58 95 5 RAIL -ROAD Advance Warning - Ye Bow w/ black letters 30x30 WSD-2 $231622 139110 $36.75 $183,75 531.SO $157.50 $38.44 $192.201 $123.90 $619.48 96 5 RAIL -ROAD Advance Warning - Yelloww/black letters 30x30 W10-3 27162 =$1311IT101 $36.75 $183.75 $31.50 $157.50 $38.44 $192.20 $123.90 5619.48 97 5 RAIL -ROAD Advance Warning - Yelloww/black letters 30x30 Wlll-4 27162 MILUT101 536.75 $183.75 $31.50 $157.50 538.44 $192.20 $123.90 $619.48 98 10 FRESH OIL - Oran ew/black letters 30x30 CW21.2 2716 W$2 6:29 $36.75 $367.50 $31.50 $315.00 $38.44 $384.40 $123.90 $1,238.96 99 10 ROAD MACHINERY AHEAD - Orange w/ black letters 36 x 36 CW21-3 $40;98 =$409160 560.48 $604.80 $52.20 5522.00 $59.85 5598.50 100 5 ROAD MAY FLOOD - Yellow w black letters 36x 36 W8.18 .96 =$2641 $60.48 $302,40 $52.20 $262.50 $59.85 $299.25 $123.90 $619.48 101 WHEN FLOODED TURN AROUND DONT DROWN - Yellow w/ black 5letters 48x48 W8-18bT 1.94 IN WO $107.52 $537.60 $104.00 $520.00 $106.40 $532.00 102 4 NO TRUCKS - White w/ black & red graphics 24 x 24 115-2 111111 19133 M$77132 $2352 $94.08 $15.75 $63.00 $24.60 598.40 $56.03 $224.13 103 2 Intersection Lane Control - White w/ black arrows Varies x 30 R3.8b E$73[I6 WS14792 $67.20 $134,40 $53.95 $79.50 $66.50 $133.00 1D4 2 Keep Right - White w/ black letters and arrow 24 x 30 R44a 24117. � 4 l34 $29.40 $58,80 $25.75 $51.50 530.75 $61.50 $66.26 $132.52 105 Any unforseen signs not listed here but are in the Texas Manual on 1 Uniform Traffic Control Devices • 'Bid per square foot- •••ALUM'•• $457 $6.72 $6.72 $5.50 $5.50 $6.70 $6.70 106 50 Extruded Street Name Sign Blanks - Green Aluminum 6 x IB W117N MS367100 $11.24 $562.00 $5.951 $29750 $6.64 $332.00 $32,91 $1,645.60 107 50 Extruded Street Name Sign Blanks -Green Aluminum 6 x 24 01111111l ESuhso $14.98 $749,00 $7.95 $397.50 $8.85 5442.50 $28.26 $1,413.04 108 1 Extruded Street Name Sign Blanks -Green Aluminum 9 x 24 05AID1 x$14102 $22.47 $22.47 $13.59 $13.59 $13.28 $13.28 $65.82 $65.32 109 50 Extruded Street Name Sign Blanks -Green Aluminum 6 x 30 I 2f W$04I00 $18.73 $936.50 $9.69 $484.50 $11.06 S5S3.00 $34.61 $1,730.60 110 1 Extruded Street Name Sign Blanks - Green Aluminum 9x30 170 lllll�$15'i54 528.09 $28.09 $15.33 $15.33 $16.60 $16.60 $82.291 $82.29 ill 50 Extruded Street Name Sign Blanks -Green Aluminum 6 x 36 $14.64 M$734160 $22.47 $1,123.50 $11.55 $577.50 $1318 $664.00 $40.98 $2,048.84 112 1 Extruded Street Name Sign Blanks -Green Aluminum 9x 36 21702 9=$21002 $33.71 $33.71 $17.90 $17.901 $19.91 $19.91 $57.43 $57.43 113 50 Extruded Street Name Sign Blanks - Green Aluminum 6x42 1)16=SISI?00 $26,22 $1,311.00 $13.45 $672.50 $15.49 $774.50 1141 20 Extruded Street Name Sign Blanks - Green Aluminum 6x52 S31!43 M$428190 533.71 $674,20 $17.28 $345.60 $19.92 $398.40 115 1 Extruded Street Name Sign Blanks - Green Aluminum 9x42 112411i2 1111IM52468 $39.25 $39.25 $20.49 $20.49 $24.50 $24.50 116 20 Extruded Street Name Sign Blanks -Green Aluminum 9 x 48 22100 WSWUl $44.94 $898,80 $23.05 $461.00 $27.45 $549.00 117 20 Extruded Street Name Sign Blanks - Green Aluminum 9 x 543/.13 25722140 $50.48 $1,009.60 $25.92 $518.40 $30.88 $617.60 118 20 Extruded Street Name Sign Blanks - Green Aluminum 9x60 t 55 1516211501 W 1162(60 $56.18 $1,123.60 $28.80 $576.00 $34.30 $686.00 119 20 Extruded Street Name Sign Blanks -Green Aluminum 9 x 66 6212 wS t 42.4140 $61.79 $1,235.80 $31.68 5633.60 $37.75 $755.00 110 1 Carsonite Road Marker 62" CRM -375$13!50 MU31501 $22.48 $22.48 $14.40 $14.40 $14.90 $14.90 121 1 Carsonite Road Marker -Tape on both sides 62" CRM -375 1450 x$31150 $28.42 $28.42 $15.40 $15.40 $16.20 $16.20 122 50 Round Post Caps For Extruded Signs 2.3/8" ?51 WS125100 $3.95 $197.50 $3.65 $182.50 $3.10 $155.00 123 "U" post brackets 90' and 180' for Nucor Rib -Bak posts (for 50 extruded signs) ea " � R. $9.25 $462.50 $4.50 S225.00 $3.10 $155.00 124 50 Cross Brackets 45 & 90 (for extruded signs) W$2� $9.25 $462.50 $3.65 $18250 53.10 $155.00 125 25 Traffic Cones 28" 1110?75 )W$ Ill1I no bid no bid $15.00 $375.00 $18.80 $470,00 125 1 Barricade Assembly -Orange w/white 72" Type -I $72:93. 11111IMS72191 no bid no bid $59.95 559.95 $82.00 $82,00 126 Barricade Assembly - Orange w/white. Type Ill Prismatic sheeting 1 Single side - crash worth 48" Type - III $1.70.985176.99 no bid no bid $95.00 $95.00 $220,00 $220.00 127 Barricade Assembly - Orange w/ white, Type Ill Prismatic sheeting 1 Single side -crash worthy 96" Type -III $22656$226,56 no bid no bid $135.00 $135.00 $220.00 $220.00 128 $00 Cherry Mate Pop Rivets 7/8" Grip Range $0130�$INT00 $0.88 $440.00 $0.63 $315.00 51,10 $550.001 1 129 200 Delineator Posts, 3/8" Holes Full Length - green 72" 72" 1$949 Kis 172100 no bid no bid $6.45 $1,290.00 $9.60 $1,920.00 130 Yellow Reflective Tape (Eng. Grade) Pressure Sensitive 3" Wide x 150 yds long $94'7,70 S. -I $33.00 $33.00 $59,10 S59.10 $80.00 $80.00 131 Green Reflective Tape (Eng. Grade) Pressure Sensitive 6" wide x 50 1 yds long 67.51 W $66.00 $66.00 $118.20 $118.20 $150.00 $150.00 132 White Reflective Tape (Eng. Grade) Pressure Sensitive 18" wide x 1 50 Yds long 72" 252.13 W101, $198.00 $198.00 $354.60 $354.60 $225.00 $225.00 133 1 Black Pressure Sensitive Tape 4' wide x 50 ft long - rs5 � 7!38 $264.08 5264.08 $79,30 $79.30 560.00 $60,00 134 300 Rib -Bak Sign Post -Green 8'-0° 1M W - 2251100 no bid no bid $28.00 $8,432.401 no bid no bid 135 300 Rib -Bak Sign Post - Green 9'-0" 22?ft W66;907 no bid no bid $38.50 $11,550.001 no bid no bid 1361 300 Rib -Bak Sign Post - Green 10'-0" 25511 t$7567A0 no bid no bid $40,00 $12000.00 no bid no bid 1351 800 Rib -Bak Sign Post - Gr en 3'-6" $2124 t 7'072100 no bid no bid $2000 $16,000.00 no bid no bid 1361 8D0 Rib -Bak Trapezoidal Soil Plate Hardware$1-32 7S i5102W,06 no bid no bid $45.00 $36,000.00 no bid no bid 137 800 Lap -Splice Breakaway Hardware (Total Package Complete) $1,50 USS 200',90 no bid no bid $5.25 54,200.00 no bid no bid 138 50 Slip -Safe Breakaway Hardware(Total Package Complete) 67192 WS313WOO no bid no bid $5.25 $262.50 no bid no bid 139 250 Yellow Dia, Gr., aluminum delinator markers 4"x4 011-44 1740 RS350i00 $7.84 $1,960.00 $1.96 $490.00 $1.60 $400.00 140 200 BHP 76- Button Head Bolts - steel plated 5/16" x 3/4" 125 �$5U'.00 $0.88 $176.00 $1.26 $252.00 no hid no bid 141 100 2-3/8" OD x 10'0" LG Pos-Loc sign post asst/ or equal 10'-0" i90 < - '00 no bid no bid $36.66 $3,6"66.00 no bid -bid 142 143 30 School Advance Sign -Yellow w/ black letters 10 School Crossing Sign - Yellow w/ black letters 36x36 36 x 36 51.1 $2.1 ji3hi t 1 4111 1111111111$631r40 $71.01 $71.01 $710.10 5730.10 $64.50 $64.501 5645.00 $645.00 $69.95 $69.95 $699.50 $699.50 $175.54 $1,755.35 1441 145 146 147 148 149 30 When Children Are Present -white w/ black letters 10 School -Yellow w/ black letters 10 End School Zone -White w/black letters 30 All -Way sign -Red w/ white letters IO CrossTraDoes Not Stop -Yellow w/ black letters 10 Do not block insterection 24 x 10 24 x 8 24 x 30 18 x 6 24 x 12 24 x 36 S4.2 54.3 55-2 Rl W44P 1130-7 31159 2111540 30?25 �S1D2.70 - 17 X5241470 �: 10 SOT14 S 101!40 26':99 E 22!90 $9.80 $9.40 $29.40 $4.41 $11.76 $35.28 S98.00 594.00ii $294.00 $44.10 $117.60 $352.80 59.00 $90.DO $ $315.00 $10.27 58.30 530.75 $4.80 $12.30 -S36.901 $102.70 $83.00 $307.50 $4800 $123.00 $369.00 537.82 $378.22 $20.84 $208.35 $66.26 $66259 $10.49 $104.86 544.08 $440.78 $100.42 $1041.22 Vol. U pg. 1 150 10 Do not stop on tracks 24 x 36 R8.8 1- :!b $35,28 $352.80 $31.50 $315.00 S36.90 $369.00 151 10 School Zone time limits 24 x 10 $ $13.15 $131.50 $9.00 $90.00 $10.27 $102.70 152 10 Round Post Caps (For Extruded Signs) 2.7/8"r Z4r $9.25 $92.50 SSAO S54.DO $38.44 $384.40 153 10 Loose Gravel - Oran ew/black letters - aluminum 30x30 f $36.75 $36750 $31.50 $315.00 $38.44 S384.40 $81.76 $817.63 154 10 Road WorkAhead-Oran ew/black letters -aluminum 36x36 JW8-7p, $60.48 $604.80 $52.20 $522.00 $59.85 5596.50 $115.86 $1,158.58 155 50 Extruded Street Name St n -Blanks- reen-aluminums 6x48t f81S0 $29.96 $1498.00 $15.49 $744.50 $19.92 $996.00 156 2 T-100 Tool �$STGI $8.25 $16.50 $6.95 $13.90 $8.50 $17.00 Letters -Pressure Sensitive Serles'C" - White letters and numbers 1571 in packages A 20A -Z,0- 9, high intensity 4"I's �129?00 $8.83 $176.60 $12.95 $259.00 $8.34 $166.80 B 20 A - Z 0-9, diamond rade 6- '00 $15.42 $308.40 $24.95 $499.00 $15.56 $31L20 C 20 A -Z, h' h Intensity 2" S9 .00 $8.02 $160.40 $5.95 5119.00 $5.40 $108.00 D 20 A -Z diamond grade a" 2WA0 $11.16 $223.20 $14.95 $299.00 $11.76 $235.20 Letters - Pressure sensitive Series "C' - Black Letters and Numbers 158 in packs es 20 A -Z,0-9, diamond grade 4" MMA �$7/;W $11.16 $223.20 $12.95 5259.00 $7.40 $148.00 B 20 A -Z, 0.9, diamond rade 6"1!1•r $15.42 $308.40 $24.95 5499.00 59.60 5192.00 C 201 A - Z, diamond grade 8" $til6 17!',0 $21.38 5427.80 $44,95 5899.00 $14.14 $282.80 D, 20 A - Z, 0.9, diamond grade SO" Jf71 $29.06 $581.20 $65.95 $1,319.00 $20.80 $416.00 159 250 Shear Bolts Slims t$f 7` no bid no bid no bid no bid no bid no bid 160 60 Breakaway Assembly S!S?]f 2r no bid no bid no bid no bid no bid no bid 161 200 Shear Pins 57I r4 10 no bid no bid no bid no bid no bid no bid Grand Total: f til JS $50,676.14 $136,346.06 SSO,107.64 $71,633.05 'No Bid Items 'All signs are HIP reflectivitiy 'Items 27-29,70,74, 77, 79, 81.82, 88, 93-94, 99-101,103,142-143: .100 alum 'Items 71-72: Diamond Notes: Grade 'Items 89-91,142-143, 145: OG 'AII street name signs 2. 'No Bid Items sided HIP 'Item 103:48 x 30 Item 125: 10p base 2 'No Bid Items -Item 105:.080= refl. Collars *Note: All signs in this $5.88,.100 = $6.72 'Item 155: 2 -sided bid have a high 'Item 123:12" 'Est. delivery time 10- intensity prismatic 'Item 124,12' 121 days ARO 'No Bid Items reflective level R;2��ding �V'GY dayof .2019 osition of ( h t1A t'U W Vol. 3Q5 Pg. l7 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 day of A.D. 2019 Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this day of Duane Peters, County Judge 1 'Steve Aldrich, Commissioner Precinct #1 Sammy atalena, Commissioner Precinct #2 Treasurer's Report for the MONTH SEPTEMBER 2019 AND THE O/E 9/30/19 FUND NUMBER&NAME CASH BALANCE 8/3112019 INCOMING ESTEOTEXPOOL&TXi INTEREST -Sept SUB -TOTAL DISBURSED CASH BALANCE 9/30/2019 INVESTED CK.ACCT.RAL 9/30/2019 0100 -GENERAL FUND 71834 69 3727754.66 80749.68 75643077.03 907453713 66,568 .90 45,130,836Z 21437723.69 0200 - COUNTY HEALTH ENDOWMENT FUND 732 49590 595.78 733,091.68 733,091M 733 091.68 1100- HOTEL OCCUPANCY TAX 06920.91 271081.24 - 478002.15 97,74602 Z380,2Z6.13 -2,390,255.13 1200- STATE LATERAL ROAD 91659.24 7455 91733.79 91733.79 91,733.79 1300 -UNCLAIMED FUNDS 206178.70 26732.70 232911.90 26 6815 206 ,54325 206543.25 1500 -LAW LIBRARY 53 54 6742.91 - 60025.45 21980.25 5704520 5/045.20 1700 - ALTERNATIVE DISPUTE RESOLUTION 3,870.00 4.965.00 8,835.00 8,835.00 8.835.00 1600 - LEOSE FUND 4Z 112.95 42,112AS 4 112.45 112.45 1900 - COUNTY RECORDS MANAGEMENT 389 43.72 9,933.99 3-4,177.61 11,060.42 383,117.19 383117.19 2DOD-COUNTY CLERK MGMT.FUNO 101994118 26733.51 1042674.69 14 61.63 ]028 13.06 1028 13.06 2001 -COUNTY CLERK ARCHIVAL FUND1554874.97 26,953%/ - 1,581,828.84 -156,47450 1425 5434 1,425,3S4.34 22011- COURTHOUSE SECURITY RIND 54 70.85 7,395.S9 - 6Z266.44 3398236 28284.08 28X4.03 2301 -JUSTICE COURT SECU RITY FUND 9741933 L019.80 - 98'439.33 98439.13 98,439.13 2300- DISTRICT UETLK MANAGEMENT FUND 189139.22 Z185.41. - 191324.63 191324.53 191324.63 2301- DISTRICT CLERK ARCHIVAL FUND 95,557.50 2692.72 - 98.2SD.72 1290.28 96,959.94 96959.94 2400 -JUSTICE Ca PEACE -TECHNOLOGY RIND 171783.23 3,370.6S 17515188 5736.26 I69417.72 169417.72 2401 -CO.& DIST.000RTTECHNOLOGY FUND 79,615.2S 72139 - 80 36.69 80335.64 90 6.64 2500- SPECIAL FORFEITURE FUND 2941456 2392 - 29438.48 29438.48 29438.48 2600 - DIA HOT CHECK COLLECT FEES 3,963.77 3.22 - 3,966.99 3 966.99 3966.99 2700 - BAIL BOND BOARD FEES 96 600.62 7857 96 67919 7%.70 96 8249 96 149 2800 - VOTER REGISTRATION 10.120.95 8.23 10 329.18 10129.18 10,129.18 2900- VIT INTEREST FUND 250381.84 764.79 251146.63 251,146.63 251146.63 300D-COUNIYGRANTS 11732.0 52293.02 4D560.97 222457.77 1811196.80 181 96.80 34DO - DIA CRIME FUND 157 052.90 1706.77 1 IS8759.67 48552 158 274.15 1 158 4.15 3500 PRIMARY ELECTION SERVICES 41439.47 33.71 41473.18 41473.18 41473.18 3901- BC HOUSING FINANCE CORP 79 75.71 6956 79440.27 79440.27 7944D.27 337-2017 CFATICATr30F OBUWTION12,425,75504 264.78 21718.92 12447756.14 41715.69 406042.45 11473084.00 93Z958.45 4500 GEN.PERMANENT IMPV. 10 7915126 - - 10079153.26 3164254.38 8,914.898.88 .11914 898.118 SDoo- HEALTH &LIFE INSURANCE 500907493 1354 .48 - 6 58600.41 1,982,553.70 4375746.71 4 75748.71 6000 PAYROLL 1496792.79 8571.61 - 4385 64,40 3 27196.92 1058167.48 1 ,167.48 9100 -HEALTH DEPARTMENT 30180936 300 488.12 6OZ297.48 256 290.00 346,007.48 346 007,48 9700- COMMUNITY SUPERVISION 838,542.40 537,253.55 3,375,795.95 316,499.98 1,059295.97 1,059,295.97 TTLOFACCTSSN POOL, 109,617,283.23 9255053.40 10 8.60 1 118,974,805.23 16,73656756 102,238,237.67 56,603,9211.21. .45634,3179.6 4100- GEN.OBLIGMEBT SVC: 7708993.69 246.64 13 .64 7,742463.97 77424&3.97 fi6914o3.03 1051060.94 1600 - LOCAL PROVIDER PARTICIPATION 17 02,2B8.4o 1711.18 - 17003 999.58 1 1414140623 346,259335 - 3662 590.35 IM; r:o:: •63,295•.23.24' ..50,347,973.75 TOTAL 135,128,565.32 9,279,011.2 113,692.24 144 521 ,26(2.78 30 ,97379 643,290.99 This report is submitted as true and corre�to Commissioners COLAt b`,,� c./ &0- - IdiiJ . Brazos County %O 9 200 S. Texas Ave., Suite 240 Laura T. Davis County Treasurer Bryan, Texas 77803 (979)361-4340 The following is a list of claim(s) to be electronically transferred once approved in Commissioners' Court. CLAIM # V8020280 VENDOR NAME: TEXAS COMPTROLLER DESCRIPTION: STATE & CIVIL FINES AND FEES 3rd QUARTER CY2019 0 c AMOUNT: $408_,446.85 ' ' 4 3 = 84 7-532 97 i IL v� , v L im %1 0 5 Approved by Commissioners' Court on orb r County Judge County Clerk Vol. P9. —2t-6 .eJ Q 31 t 161 55 SUNGARD PENTAMATION 144.00 144.00 DATE: 10/24/2019 144.00 BRAZOS COUNTY, TX TIME: 12:28:14 144.00 BATCH JOURNAL ENTRY EDIT LIST CONTROL NUMBER J E NUMBER DESCRIPTION PERIOD/YR STATUS RECORD FUND DIV/FUND ACCOUNT PROJECT ACCOUNT ITEM DESCRIPTION 10°29 -cc 130163 A ELMORE 9.26.29.19 13/19 COMPLETE 381200 0100 0100 20114430 A ELMORE 9.26.29.19 381201 0100 28000100 61801000 A ELMORE 9.26.29.19 TOTAL JOURNAL ENTRY 10°29°cc ' 130164 G SIFUENTEZ 9.26.29. 13/19 COMPLETE 381202 0100 0100 20119470 G SIFUENTEZ 9.26.29. 381203 0100 28000100 61601000 G SIFUENTEZ 9.26.29. TOTAL JOURNAL ENTRY TOTAL CONTROL NUMBER TOTAL REPORT Vol. J Pg. PAGE NUMBER: BJOURNII DEBIT AMOUNT CREDIT AMOUNT 288.00 288.00 288.00 288.00 1 APP 0 Duane Peters Date County Judge 144.00 144.00 144.00 144.00 144.00 144.00 144.00 144.00 288.00 288.00 288.00 288.00 1 APP 0 Duane Peters Date County Judge SUNGARD PENTAMATION PAGE NUMBER: DATE: 10/24/2019 BRAZOS COUNTY, TX BJOURNII TIME: 12:51:37 BATCH JOURNAL ENTRY EDIT LIST CONTROL NUMBER J E NUMBER DESCRIPTION PERIOD/YR STATUS RECORD FUND DIV/FUND ACCOUNT PROJECT ACCOUNT ITEM DESCRIPTION DEBIT AMOUNT CREDIT AMOUNT 10.29.CC 100090 EXPO INCENTIVE REWAR 1/20 COMPLETE 381204 1100 11002500 71530000 INCEN REWD SHOT SHOW 500.00 381205 1100 1100 11005200 EXPO INCENTIVE REWAR 500.00 381206 0100 0100 11005200 EXPO INCENTIVE REWAR 500.00 381207 0100 36000100 41011000 INCEN REWD SHOT SHOW 500.00 TOTAL JOURNAL ENTRY 1,000.00 1,000.00 10.29.CC 100091 1 REEVES 10.6.11.19 1/20 COMPLETE 381208 0100 0100 20435700 J REEVES 10.6.11.19 1,354.72 381209 0100 30101100 61801000 J REEVES 10.6.11.19 1,354.72 TOTAL JOURNAL ENTRY 1,354.72 1,354.72 TOTAL CONTROL NUMBER 2,354.72 2,354.72 TOTAL REPORT 2,354.72 2,354.72 Vol. Pg. 1� 1 APPR0 Duane Peters -3' /9 County Judge liate BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2019-2020 BUDGET YEAR NO. 19/20 5.1— 5.9 On this the 29th day of October 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 29th day of October 2019 the Court heard and approved a budget amendment(s) for the 2019-2020 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 10 September 2019, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 29th day of October 2019. THE COMI USSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 19/20 - 5.1 Inna/2Mo FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Constable Pct. N4 Departmental Support 280.53 General Fund Constable Pct. k4 Minor Ac uisidons 280.53 Constable Pct. #t Butler Reallocation of funds to the appropriate department's account to cover the increased cost of a radar. 5 - l nnp{ c� ;t)ate....a�1,,.�....,_ rhent' Date .F ;County Judge Approval Date_ Vol. Pg. \7 FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 30401100 61801000 CR Travel 280.53 0100 30401100 67286000 DR Equipment - Other 280.53 Vol. Pg. \7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19120 - 5.2 1012912019 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Non -Departmental Departmental Support 5.141.00 General Fund Constable Pct. #3 Minor Acquisitions 5.144.00 Commissioners' Court and Constable Pct. #3 Ingram Reallocation of funds to the appropriate department's account to purchase four (4) replacement tasers. nn Pt Date A ... ;1012312019, De artmen .Pprova,.__, ror ac`e-1611- P"a ,_ oses OnI ;. , a kk, :=y r r asd _ .: s £ r .i = .. °€ � e �eF rr � '; ae het• FUND DN ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 11000500 67286000 CR Equipment - Other 5,144.00 0100 30301100 67286000 DR Equipment - Other 5.144.00 Vol. OS pg. _� BRAZOS COUNTY, TEXAS BUDGETAMENDIVIENTS No. 19120 - 5.3 increased cost P15MCS Date, E Vol. -305-- Pg. kc( C'V7-'W'5'5V 'p%%57 FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 15000100 61240000 CR DrugTwin 50.00 0100 15000100 65540000 DR Copier/Mnter/Fax maint 50.00 E Vol. -305-- Pg. kc( BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No.19120 - 5.4 1012912019 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Non -Departmental Departmental Support 8.770.50 General Fund Information Technology IT Services Minor Acquisitions 8.770.50 Commissioners' Court and Information Technology Reallocation of funds to the appropriate departments account to cover the Network Switch Replacement Project. This will replace six 6) network switches. 3 gni. { j, ,•} ` ' ..`I j -r nn eiit A royal..,_. _.' Date k iGounty_JiidgeApproval-Y.__....__.,_. ..i'Date,.:•:`� Eor,Accounhti.Pur-gcsOnTr-Yd- .,�),' k m�i���<,�.,. FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 11000500 67205000 CR Network Cost 8,770.50 0100 14000300 67205000 DR Network Cost 8,770.50 vol. 3� gig. oZo BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No.19120 - 5.5 10/2912019 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Non -Departmental Departmental Support 8,910.00 General Fund Information Technology IT Services Professional Services 8,910.00 Commissioners' Court and Information Technology Reallocation of funds to the appropriate department's account to cover the Crestron Promine Project. IDepartinen PP�o iCounty Judge Approval Vol. pg.� FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 11000500 60211000 CR Sofhvare - No tau 8,910.00 0100 14000300 73590000 DR Professional Fees - Other 8.910.00 Vol. pg.� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19120 - 5.6 10/29/2019 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Primary Election Services Fund Primary Election Services Departmental Support 1.200.00 Primary Election Services Fund Primary Election Services bGnor Acquisitions 1,200.00 Primary Election Services Reallocation of funds to the appropriate department's account to purchase two (2) Ballot Call devices to facilitate curbside voting. w„ or—ent6p ovale , w;Date (CourityJuiigt Approval .x For.�ecoun6u=•PurWt9cs0nl &" _. _ c,s� � t= ,;. �_e i € i:: _ FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 3500 21130000 61130000 CR Contingency 1,200.00 3500 21130000 67281000 DR Equipment - Electronic 1,200.00 Vol. a ia..2 - BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19/20 - 5.7 10/2912019 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Contingency Departmental Support 134,624.85 General Fund County Judge Departmental Support 2,980.80 General Fund Budget Office Departmental Support 1.192.32 General Fund Commissioners' Court Administration Departmental Support 3.576.96 General Fund Fleet Departmental Support 1.192.32 General Fund I Collections Departmental Support 596.16 General Fund Elections Administrator Departmental Support 1,788.48 General Fund County Treasurer Departmental Support 596.16 General Fund Risk Management Departmental Support 1,192,32 General Fund Tax Office Departmental Support 596.16 General Fund Information Technology Departmental Support 15500.16 General Fund Human Resources Departmental Support 3.576.96 General Fund Purchasing DLpartmental Support 3,576.96 General Fund I Facilities Services Departmental Support 13.711.68 General Fund County Attorney Departmental Support 13,115.52 General Fund District Attorney Departmental Support 16,096.32 General Fund District Clerk Departmental Support 596.16 General Fund County Clerk Departmental Support 3,576.96 General Fund 85th District Court Departmental Support 2384,0 General Fund 272nd District Court Da, artmental Support 1,788,48 General Fund 1 361 st District Court Departmental Support 2.384.64 General Fund Associate Judge #I Departmental Support 1.192.32 General Fund Associate Judge 02 Departmental Support 1.192.32 General Fund County Court at Law #1 Departmental Support 2,980.80 General Fund County Court at Law #2 Departmental Support 1,788,48 General Fund Constable Pct. 94 Departmental Su rt 4.76928 General Fund Juvenile Administration Departmental Support 11,92320 General Fund Emergency Management Departmental Support 1.19232 General Fund Exposition Center Departmental Su rt 4.661.97 General Fund Exposition Center Fair Administration Departmental Suppon 1.192.32 General Fund Brazos Center Departmental Support 1.192.32 General Fund Ag Extension Departmental Support 1,788.48 General Fund Road & Bridge De artmental Support 10,730.88 Commissioners' Court. County Jude, Budget Office, Fleet, Collections, Elections Administration, County Treasurer, Risk blana ement, Tax Office, Information Tech., Human Resources, Purchasing. Facilities Services, County Attorney District Attorney, District Clerk County Clerk 85th District Judge, 272nd District Jude, 361st District Jude Associate Jude #I Associate Jude #2, County Court at Law 91, County Court at Law 92, Constable Pct. #4, Juvenile Administration, Emergencv blanc ement, Exposition Center, Brazos Center, Ag Extension and Road &m Bridge Reallocation of funds to the appropriate de artmenfs account to account for die yearly cost for county issues cell phones under each de ar ment. Date. r �„_,10/231201�9_ m_ r717 County_JudgeAPprovai_�. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19/20 - 5.7 10/29/2019 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Far'�Aecoanfing—+Pu oSes:Qnl.. r f z � K 3 t � e;€ A ..: "ids sgm& ww ,,a: FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Conflngency Contingency 134,624.85 0100 10000100 61750000 DR Tele/Data - Cellular 2,980,80 0100 10500000 61750000 DR Tele/Data - Cellular 1,192,32 0100 11000100 61750000 DR TeleJData - Cellular 3.576.96 0100 1 11100000 61750000 DR Tele/Data - Cellular 1,192.32 0100 11200200 61750000 DR Tele/Data - Cellular 596.16 0100 11210020 61750000 DR Tele/Data - Cellular 1,788.48 0100 12000100 61750000 DR Tele/Data - Cellular 596.16 0100 12500100 61750000 DR Tele/Data - Cellular 1,192.32 0100 13000100 61750000 DR Tele/Data - Cellular 596.16 0100 14000100 61750000 DR Tele;'Data- Cellular 15.500'16 0100 15000100 61750000 DR Tele/Data - Cellular 3,576.96 0100 16500100 61750000 DR Tele/Data - Cellular 3,576.96 0100 17000100 61750000 DR TeleData - Cellular 13,711.68 0100 18000100 61750000 DR Tele/Data- Cellular 13,115,52 0100 19000100 61750000 DR Tele/Data - Cellular 16.096.32 0100 20000100 61750000 DR TeleDeta - Cellular 596.16 0100 21000100 61750000 DR TelerData - Cellular 3.576.96 0100 22000100 61750000 DR TeleData - Cellular 2,384.64 0100 22100100 61750000 DR Tele/Data - Cellular 1.788.48 0100 22200100 61750000 DR Tele,Data - Cellular 2,384.64 0100 22600100 61750000 DR TeWData- Cellular 1,192.32 0100 22800100 61750000 DR Tele/Data - Cellular 1,192.32 0100 23000100 61750000 DR Tele/Data - Cellular 2,980.80 0100 23100100 61750000 DR TeleData - Cellular 1,788,48 0100 30401100 61750000 DR Tcle/Data - Cellular 4,769.28 0100 31000100 61750000 DR Tele•'Data - Cellular 11,923.20 0100 35500100 61750000 DR Tele/Data- Cellular 1,192,32 0100 36000100 61750000 DR Tele'Data - Cellular 4.661.97 0100 36100100 61750000 DR TeleData- Cellular 1,19232 0100 36500100 61750000 DR Tele'Data- Cellular 1,192.32 0100 37000100 61750000 DR TeleData - Cellular 1.788.48 0100 56001000 61750000 DR Tele/Data - Cellular 10,730.88 va. <305 P".�..�. _J BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19120 - 5.8 10129!2019 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Capital Improvement Fund General Capital Improvement Fund Capital outlay 18.111.44 General Capital Improvement Fund I Other Financine Sources 18,111.44 General Fund DR/CR Other Financing Sources 18,111.44 General Fund Sheriff Administration Minor Acquisitions 16,070.12 General Fund Sheriff Administration Jail Minor Acquisitions 2,041.32 91330000 DR Transfer to General Fund 18.111.44 0100 49015000 CR Transfer from General Fund 18,111.44 0100 28000100 67890000 DR Vehicle Equipment 16.070.12 0100 28002000 67890000 DR Vehicle Equipment 2.041.32 General Capital lm rovement Fund. Sheriff Administration and Sheriff- Jail Reallocation of funds to the appropriate department's account year, 9!30/2019. to purchase equipment for the patrol units that were approved in the FY 2019 budget, but did not come by the end of the fiscal rr g", nnpt '•Oafs �, ',�` L , ss't i,? .s 10!23!2.019; T artment;_ provalc >4K y t :.CountyJtidge Approval For-Accodnun Pu tisesOnl'•r���, -f;,,, �a�.:: s.::e h9f, •�x: �a�,. c •. , �.:t- ,. -�---�'�' `3..�K �`3�."����.a� �.r3tn?�"�. °�i:��;7 FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 61130000 CR Contingency 18,111,44 4500 91330000 DR Transfer to General Fund 18.111.44 0100 49015000 CR Transfer from General Fund 18,111.44 0100 28000100 67890000 DR Vehicle Equipment 16.070.12 0100 28002000 67890000 DR Vehicle Equipment 2.041.32 Vol. 2r\S Pg.� BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 19120 - 5.9 10/29/2019 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Non -Departmental Minor Acquisitions 28.680.00 General Fund Information Technology 1T Services Repairs and Maint. 28.680.00 FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 11000500 67050000 CR Appliances 1,023.00 0100 11000500 67205000 CR Network Cost 27,657.00 0100 14000200 65440000 DR Network MainL 28,680.00 Commissioners' Court and Inrormation Technology Reallocation of funds to the appropriate department's account to purchase 60 access points for the Countv Wireless Refresh ProiecL z'.Date County Judge ApprovalyL z—,;_Date777 v...®e, : . -... .. l�.-_k FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 11000500 67050000 CR Appliances 1,023.00 0100 11000500 67205000 CR Network Cost 27,657.00 0100 14000200 65440000 DR Network MainL 28,680.00 Vol, ' .. _ .... ... pg. ♦ � f PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: October 29, 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 Sheriffs Administration Sheriffs Office — Jail County Attorney Juvenile Services — Detention District Clerk Road and Bridge Nalley, Garrett Separation Braly, Christopher Employment Kinsey, Chastity Separation Roberson, Aletta Separation Ladd, Heather Employment Thompson, James Employment Mendez, Steven Approved in Commissioners' Court: October 29, 2019: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Separation Laura Taylor Davis Brazos County Treasurer ldavisf',hrazoscountytx.eov DATE: 10/21/2019 TO: Hon. Duane Peters, County Judge Hon. Steve Aldrich, Commissioner Hon. Sammy Cotaleno, Commissioner Hon. Nancy Berry, Commissioner Hon. Irma Couley, Commissioner Candy Gallego, Administrative Assistant FROM: Laura Taylor Davis, County Treasurer RE: Quarter Ending 09/30/2019 Investment Report 200 S. Texas Avenue, Ste 240 Bryan, Texas 77803 Teh 979-3614345 This report is made in accordance with provisions of Gov. Code 2256, The Public Funds Investment Act, which requires quarterly reporting of investment transactions to the Commissioners' Court. The Brazos County Investment portfolio earned an average yield of 2.24% on the quarterly average balance of $23,660,582.58 invested with TexPool, an average yield of 2.3070 on the quarterly average balance of $38,739,835.78 invested with Texas Class, and an average yield of 2.24% on the quarterly average balance of $1,340,064,95 invested with Texas Class Government for the period ending 09/30/2019. Investment interest deposited during the quarter was $384,769.46. Actual ending balance invested on 09/30/2019 was $63,295,323.24. The rate of interest earned at the county depository as per our contract is 0.90%. Interest deposited from BBVA for the quarter ending 09/30/2019 was $152,173.88 for the quarter average depository investable balance of $66,021,936.57. Total interest earned for quarter ending 09/30/2019 was $536,943.34. Total interest earned on investments for Fiscal Year 2019 was $1,083,136.46. Total interest earned on monies held at the county depository for Fiscal Year 2019 was $850,081.46. Investment Strategy The Brazos County Investment Strategy remains focused on short -termed investments with the safety of principal as the foremost objective followed by liquidity and yield as per the Brazos County Investment Policy. While the majority of available funds are in the County's depository collateralized at 102% and in Local Government Investment Pools, we have begun the. process of working with our approved brokers to acquire more long term 'investments. __..� Vol. � Pg. Summary of Portfolio Changes General Obligation Debt Service payments in September, LPPF payment in September, and monthly payments for the Juvenile expansion made up the main withdrawals of invested funds for this quarter. The increases in the invested balance arose from the purchase of 10 million shares in Tex Pool from the General Fund and the interest deposited from the invested funds. FY 2019 INTEREST RATES AND EARNINGS BY MONTH January 2010 33,908.75 TeiPool Int TX CLASS Int TX CLASS Gov Int Checking Acct Int Total 2.40 Interest Rote Interest Rate Interest Rota Interest Rate Interest October 2018 November 2018 30,256.96 T -30,144.13 2.14 2.20 50,096.42 _-50,281.87 2.34 2.42 62,600.75 57,281.41 0.90 0.90 142,954.13 137,707.41 December 2018 32,398.33 2.29 30,344.10 -^y 2.50 _ 68,675.22 0.90 131,417.65 01E 12131!2018 92,799.42 2.21 130,722.39 2.42 - 188,557.38 0.90 412,079.19 January 2010 33,908.75 2.39 28,300.29 2.62 89,256.20 0.90 151,465.24 Fabruary2019 30,791.81 2.40 25,713.35 2.63 93,702.96 0.90 150,208.12 M arch 2019 34,427,03 2.42 28,283.89 2.61 97,544.79 0.90 160,255.71 01E 03131+2019 99,127.59 2.40 82,297,53 2.62 - 280,503.95 0.90 461,929.07 April 2019 33,634.39 2.43 27,133.89 2.58 92,199.64 0.90 152,967.92 M ay 2019 34,339.15 2.40 62,586.57 2.56 4,223.47 2.42 78,086.44 0.90 179,235.63 .lune 2019 33,031.96 2.38 90,590.73 2.50 7,879.91 2.39 58,560.17 0.90 190,062.77 01E 00130/2019 101,005.50 2.40 180,311.19 2.55 12,103.38 2.41 228,846.25 0.90 522,266.32 July 2019 34,291.87 2.39 90,367.50 2.41 8,091.47 190,593.77 2.37 57,842.93 0.90 August 2019 49,692.74 2.17 81,637.44 2.28 6,996.20 2.19 49,543.45 0.90 187,869.83 September 2019 48,001.85 2.16 65,690.39 2.20 - 2.15 44,787.50 0.90 158,479.74 OIE09136120'M 131,986.46 2.24 237,695.33 2.30 15,087.67 2.24 152,173.88 0.90 536,943.34 YTD TOTALS 424,918.97 2.34 631,026.44 2.53 27,191.05 2.41 850,081.46 0.90 1,933,217.92 Attached are the following reports: 1) Summary of Investments by Fund 6 Strategy 2) Investment Summary Quarter End Activity Report 3) Weighted Average Maturity & Yield To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as approved by the Commissioner's ;of Brnzq Co ty u. 7/t GGtlt� Laura Taylor Davi ; County Treasurer, CIO 9PL-- JaVe Candelaria, Chief Deputy Treasurer D Date Date Cristiari'Villorreal Date Vol. S pg. BRAZOS,COUNTY INVESTMENT WEIGHTED AVERAGE MATURITY & YIELD mop QUARTER ENDINC 9/30/2019 ;SECURITY S RATI TYPE DATE D1 Mm TexPooi Texas Class Texas Class Govt CDs Affinity FCU 6/14/2019 6/12j Evansville Teacher FCU 8/27/2019 8/27 PORTFOLIO TOTA 3 Vol.. , �S Pg. a i SUMMARY OF INVESTMENTS BY FUND & STRATEGY General Fund (0100) COST Book Value TexPool $ 27,042,481.39 $ 27,042,481.39 Texas Class $ 18,088,354.82 $ 18,088,354.82 $ 45;130,836.21 $ 45,130,836.21 Certificates of Obligation -2017 (4317) TX Class $ 11,473,084.00 $ 11,473,084.00 LPPF (1600) TX Class GOV $ 0.00 $ 0.00 STRATEGY TYPE -. OREEtATING FUNDS.r „ ,`. ,. "� + °36,603;920 GO Debt (4100) TX Class $ 6,199,403.03 $ 6,199,403.03 Certificates of Deposits $ 492,000.00 $ 492,000.00 $ 6,691,403.03 $ 6,691,403.03 STRATEGY.:TYPE !- DEBT-,SERVI,CE;FUNDS , , .. :$` b;6 691,403 03 , $ _ 6,691;403.03,_ Total Book Value of all funds invested as of 09/30/2019 Vol. �S P9•3 l $ 63,295,323.24 INVESTMENT SUMMARY QUARTER ENDING 0913012019 ACTIVITY REPORT ,.,"-DATE DESC. TEXPOOL TEXAS CLASS TX CLASS GOV CD TOTAL l,`�i.,,JUNEiBALAlNC 1$0�.,Mpl-1 6,910 ,061301,19'm 9W 44;048046.51, .','-071311.19 JULY INTEREST 7 90,367.50- � $ -81091.47. $ $ - 132i750.84 JULXBAIANCE`,�.k,,�i� 69,2891. 7 -Al ,7 7V--Pn,,�, 02 ?$WA65;34V;'495;6 AUG INTEREST $ 49,692-.74, $ 81.637.44 $ 6,996.20 $ $ 138,326.39 0A I � W; ZA92000. 1.00, 09/30/19 SEP INTEREST $ 48,001;86 $ 65;690.39 $ $ $ 113,692.29" jffi'z09130l19iMj,i M;SEP18ALANCEZ,.:r3 63295323;2411