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2020-01-14 10:00AM REGULAR MEETING
BRAZOS COUNTY B RYAN, T EXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT P NZO JAN 10 A11 -0S THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JANUARY 14, 2020 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance -U.S. and Texas Flag - Commissioner Cauley 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-20: 3. Consideration and possible action on Resolution 20-001 for approval of the assignment and assumption of a contract to purchase approximately 1.51 acres of real property located at 4801 W. State Highway 21, Bryan, TX 77803. 4. Consideration and approval of Resolution 20-002 Declaring Intention To Reimburse Certain Expenditures With Borrowing Proceeds. 5. Reappointments of the following to the ESD Board #3. Term appointment is January 1, 2020 - December 31, 2021: • a. Doug Weedon • b. Martin Riley 6. Request from Health & Wellness Clinic for approval of donation acceptance of three (3) meal voucher certificates from Eatology Paleo-Zone with a value of $76.50. 7. Request from Facility Services for a payment authorization to Brazos Appliances I nc. for washer/dryer parts for the jail in the amount of $870.80. A purchase order was done but one item was left off in error and could not be added once the PO was finalized. 8. Request from Human Resources for a payment authorization to TAC for 2019 Healthy County Gift Cards in the amount of $1,265. A purchase order was not obtained in advance. 9. Renewal of Bid 20-102R for Hydrated Lime with Austin White Lime Company Ltd. 10. Award of RFP #CI P 20-580 for Jail Kitchen Expansion. Recommended award: Collier Construction. 11. Approval of the following committee for the evaluation of proposals for RFP #CI P 20- 622 Repair of Wash Bay at Road & Bridge: • Gary Arnold • Ken Chadwick • Nina Payne • Leslie Contreras • Purchasing (Non -Voting) • Legal (Non -Voting) 12. Permission to advertise RFP #CI P 20-622 Repair of Wash Bay at Road & Bridge. 13. Approval of the MOA for membership to the Regional Organized Crime Information Center (ROCIC). 14. Amendment #1 of Contract 17-049 Architect services with TreanorHL for Juvenile Expansion to add scope of work for the Commissioning Services for the smoke evacuation system in the amount of $61,000.00. 15. Expenditure Journal Entries 9 FY 19/20 010007 - 010011 16. Tax Refund Applications for the following: • a. Lubbock National Bank- Overpayment $361.77 • b. Declaration Title -Overpayment $23.71 • c. Jose Espinoza & Magaly Castillo -Overpayment $17.04 • d. Ruperto Rosales Villalobos -Overpayment $17.67 • e. Lee Kwang Hie & Young Hie -Overpayment $2,252.50 17. Commissioners Court minutes for the following dates: • a. December 3, 2019 -Regular Meeting • b. December 10, 2019 -Regular Meeting • c. December 17, 2019 -Regular Meeting • d. December 31, 2019 -Regular Meeting 18. Budget Amendments. Budget Amendments FY 19/20 15.1 19. Personnel Change of Status. Personnel Action Forms 20. Payment of Claims. 21. Juvenile Director's report on detention population. 22. Sheriffs report on inmate population. 23. Announcement of interest items and possible future agenda topics. Vol. 30,B Pg. , Q12) 24. Call for Citizen input and/or concerns 25. Adjourn. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3, a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public. comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. MINUTES JANUARY 14, 2020 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, January 14, 2020, with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1, Absent; 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 Cauley 2. Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items 3-20: 3. Consideration and possible action on Resolution 20-001 for approval of the assignment and assumption of a contract to purchase approximately 1.51 acres of real property located at 4801 W. State Highway 21, Bryan, TX 77803. • A copy of the resolution is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 4. Consideration and approval of Resolution 20-002 Declaring Intention To Reimburse Certain Expenditures With Borrowing Proceeds. A copy of the resolution is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 5. Reappointments of the following to the ESD Board #3. Term appointment is January 1, 2020 - December 31, 2021: • a. Doug Weedon • b. Martin Riley Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Bent', Catalena, Cauley, Peters. Absent: Aldrich. 6. Request from Health & Wellness Clinic for approval of donation acceptance of three (3) meal voucher certificates from Eatology Paleo-Zone with a value of $76.50. A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 7. Request from Facility Services for a payment authorization to Brazos Appliances Inc. for washer/dryer parts for the jail in the amount of $870.80. A purchase order was done but one item was left off in error and could not be added once the PO was finalized. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 8. Request from Human Resources for a payment authorization to TAC for 2019 Healthy County Gift Cards in the amount of $1,265. A purchase order was not obtained in advance. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 9. Renewal of Bid 20-102R for Hydrated Lime with Austin White Lime Company Ltd. A copy of the bid tabulation and renewal of contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 10. Award of RFP #CI P 20-580 for Jail Kitchen Expansion. Recommended award: Collier Construction. The Court voted unanimously to table item 10. Motion: Table, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 11. Approval of the following committee for the evaluation of proposals for RFP #CI P 20- 622 Repair of Wash Bay at Road & Bridge: • GaryAmold • Ken Chadwick • Nina Payne • Leslie Contreras • Purchasing (Non -Voting) • Legal (Non -Voting) Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 12. Permission to advertise RFP #CI P 20-622 Repair of Wash Bay at Road & Bridge. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 13. Approval of the MOA for membership to the Regional Organized Crime Information Center (ROCIC). A copy of the memorandum of agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 14. Amendment #1 of Contract 17-049 Architect services with TreanorHL for Juvenile Expansion to add scope of work for the Commissioning Services for the smoke evacuation system in the amount of $61,000.00. A copy of the amended contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 15. Expenditure Journal Entries • FY 19/20 010007 - 010011 A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 16. Tax Refund Applications for the following: • a. Lubbock National Bank- Overpayment $361.77 • b. Declaration Title -Overpayment $23.71 • c. Jose Espinoza & Magaly Castillo -Overpayment $17.04 • d. Ruperto Rosales Villalobos -Overpayment $17.67 • e. Lee Kwang Hie & Young Hie -Overpayment $2,252.50 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 17. Commissioners Court minutes for the following dates: • a. December 3, 2019 -Regular Meeting • b. December 10, 2019 -Regular Meeting • c. December 17, 2019 -Regular Meeting • d. December 31, 2019 -Regular Meeting Motion: Approve, Moved by Comm'issioner,Nancy Berry, Seconded by Commissioner Sammy Catalena. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 18. Budget Amendments. Budget Amendments FY 19/20 15.1 15.1 Reallocate funds for the Health & Life Insurance Fund. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 19. 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 Sammy Catalena. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 20. Payment of Claims. Claims 8022257 — 8022478 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 21. Juvenile Director's report on detention population. Assistant Juvenile Director Lupe Washington reported there are 19 juveniles in the detention center, 12 are male and 7 are female, and 17 have electronic monitors and 8 units are available. Ms. Washington noted that 2 of the 19 youth are from other counties. 22. Sheriffs report on inmate population. Sheriff Chris Kirk stated there were 649 inmates in jail, 547 inmates are male and 102 are female, 54 have electronic monitors and 7 are pending for monitors. 23. Announcement of interest items and possible future agenda topics. There were no announcements. 24. Call for Citizen input and/or concerns There was no citizen's input. 25. Adjourn. \.101. 3c)Pg. 2K . The foregoing minutes of the Commissioners Court Meeting held January 14, 2020 have been examined and are approved in open Court this 4th day of February 2020, in Bryan, Brazos County, Texas. Duane Peters Steve Aldrich County Judge S � Sammy Catalena Commissioner, Precinct 2 Irma Cauley Commissioner, Precinct 4 Attest: `— 'w-4" da"a, K en cQueen County Clerk Commissioner, Precinct 1 -=--WC , - zi�� Nancy Berry Commissioner, Precinct 3 Pg I of Z BRAZOS COUNTY COMMISSIONER'S COURT iy DAY OF - 9.20 Name (PLEASE PRINT) Organization (PLEASE PRINT) e-,01,110 771 Cl&--7VC Pg 0,Z of 2 BRAZOS COUNTY COMMISSIONER'S COURT �' DAY OF ).,Do Name . jlhh�,Jz, kpL1 1 .cq iv -,7, . SZ6��, Z ��( A U r MA 20,�-o M " Organization --- I&GL,yl 54 Lb L) RESOLUTION A. WHEREAS, Brazos County, Texas ("County") desires to purchase approximately 1.51 r acres known as Lot 32 of the E.W. Bullock's Subdivision and commonly referred to and located at 4801 W. State Highway 21, Bryan, Texas 77803 ("Property"); and B. WHEREAS, the Property is subject to that certain Commercial Contract — Improved Property dated October 31, 2019, as amended by Commercial Contract Amendment dated December 27, 2019, by and between Howard W. Scoggins and Marilyn Scoggins, as Seller and Mike Gentry and/or assigns, as Buyer ("Contract") as attached hereto as Exhibit A; and C. WHEREAS, County desires to accept the assignment of the Contract from Mike Gentry, as Buyer pursuant to that certain Assignment of Commercial Contract— Improved Property ("Assignment") as attached hereto as Exhibit B, and to take all such responsibilities and liabilities of the Buyer contemplated thereby. NOW, THEREFORE, on motion made and seconded, it is hereby resolved that: 1. The Brazos County Commissioners Court ("Commissioners") approves the terms and conditions of the Contract for the purchase of the Property, for a Sales Price of $660,000.00, a copy of which is attached hereto as Exhibit A; and 2. The Commissioners hereby authorize the County to accept an assignment of the Contract from Mike Gentry, and further that the County shall assume the responsibilities and liabilities of the Buyer pursuant to the terms of the Contract, and further that the County Judge shall have authority to sign that certain Assignment of Commercial Contract — Improved Property ("Assignment"),. a copy of which is attached hereto as Exhibit B; and 3. The Commissioners authorize the County Judge or his appointed designee, to do any and all things necessary to close on the purchase of the Property as described in the Contract and to pay the consideration for such property as described in the Contract, and take all other action contemplated thereby. BUN COMMI E S COURT 7 By: Duane eters, County Judge Date: / L* zoo %- 01 33183: Resolution_SH21 Page 1 EXHIBIT A Contract 33183: Resolution SH21 EXHIBIT B Assignment 33183: Resoludon_SH21 Vol. WE pg. QIA ASSIGNMENT OF COMMERCIAL CONTRACT — IMPROVED PROPERTY FOR VALUE RECEIVED, I, Mike Gentry hereby sell, assign and transfer to Brazos County, Texas, herein called the Assignee, all my right, title and interest in and to that certain Commercial Contract — Improved Property dated October 31, 2019, as amended by Commercial Contract Amendment dated December 27, 2019, by and between Howard W. Scoggins and Marilyn Scoggins as Seller and myself as Buyer ("Contract'), for the purchase by me of that certain approximately 1.51 acres known as Lot 32 of the E.W. Bullock's Subdivision and commonly referred to and located at 4801 W. State Highway 21, Bryan, Texas 77803, as described therein. EXECUTED on the day of , 2020. ASSIGNOR: Mike Gentry ACCEPTANCE OF ASSIGNMENT Brazos County, Texas hereby accepts the foregoing assignment, agrees to assume and perform all the duties and obligations to be performed by the Buyer under the Contract therein mentioned to the same extent as if Brazos County, Texas had originally been named as the Buyer in that contract. EXECUTED on the day of , 2020. ASSIGNEE: Brazos County, Texas By: Name: Title: 33183: Assignment of Contract SH21 - — _ DocuSign Envelope ID: 20A78F2B-A3F5-4C7D-B728-5OD9l24574DA 4 FARE LTRS COMMERCIAL CONTRACT - IMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®, INC. IS NOT AUTHORIZED. ©Texas Association of REALTORS®, Inc. 2018 1. . PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: Howard Wallace Scoggins III Address: 1031 6th St N, Texas City, TX 77590 Phone: (281)413-9753 E-mail: w.scoAgins@brazosurethane.com Fax: Other: . Buyer: Mike Gentry And/Or Assigns Address: 1515 Emerald Pkwy, College Station, TX 77845 Phone: (9791694-7000 E-mail: mike.gentry(&_westwebblaw.com Fax: Other: 2. PROPERTY: A. "Property" means that real property situated in Brazos County, Texas at 4801 W SH -21 Bryan, TX 77803 (address) and that is legally described on the attached Exhibit or as follows: E W BULLOCK, LOT 32, ACRES 1.51 B. Seller will sell and convey the Property together with: (1) all buildings, improvements, and fixtures; (2) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest in any minerals, utilities, adjacent streets, alleys, strips, gores, and rights-of-way; (3) Seller's interest in all leases, rents, and security deposits for all or part of the Property; (4) Seller's interest in all licenses and permits related to the Property; (5) Seller's interest in all third party warranties or guaranties, if transferable, relating to the Property or any fixtures; (6) Seller's interest in any trade names, -if transferable, used in connection with the Property; and (7) all Seller's tangible personal property located on the Property that is used in connection with the Property's operations except: NIA Any personal property not included in the sale must be removed by Seller prior to closing. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.) (If mineral rights are to be reserved an appropriate addendum should be attached.) (If the Property is a condominium, attach Commercial Contract Condominium Addendum (7XR-1930) or (7XR-1946).) 3. SALES PRICE: At or before closing, Buyer will pay the following sales price for the Property: A. Cash portion payable by Buyer at closing ......................... $ 660,000.00 B. Sum of all financing described in Paragraph 4 ..................... $ C. Sales price (sum of 3A and 3B) ................................ $ 660,000.00 (TXR-1801) 4-1-18 Initialed for Identification by Seller as and BuyeG Page 1 of 14 Clark Isenhour RealEstate Svcs, 3828 S. College Avenue Bryan TIC 77801 Phone: (979)268-6840 Fax: 4801 W SH -21 Ryan Lovett Produced Wth zipFormdD by zhpLcgbc 18070 Fifteen Mile Road, Fraser, Michigan 46026 www.zipl oalx com DocuSign Envelope ID: 20A76F2B-A3F5-4C7D-B728-5OD9124574DA 4801 W SH -21 Bryan, TX 77803 Commercial Contract- Improved Property concerning 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3B as follows: ❑ A. Third Party Financing: One or more third party loans in the total amount of $ This contract: X (1) is not contingent upon Buyer obtaining third party financing. (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TXR-1931). ❑ B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TXR-1931), Buyer will assume the existing promissory note secured by the Property, which balance at closing will be $ N/A ❑ C. Seller Financing: The delivery of a promissory note and deed of trust from Buyer to Seller under the terms of the attached Commercial Contract Financing Addendum (TXR-1931) in the amount of $ N/A 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ $6,500.00 as earnest money with Aggieland Title Company (title company) at 3740 CopperField Dr #101 Bryan, TX 77802 (address) Chad Kolbe (closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of $ N/A with the title company to be made part of the earnest money on or before: n (i) N/A days after Buyer's right to terminate under Paragraph 7B expires; or �j (ii) NIA Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. S. TITLE POLICY, SURVEY, AND UCC SEARCH: A. Title Policv: (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) .issued by,;any underwriter of the title company in the amount of.the sales. price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: X (a) will not be amended or deleted from the title policy. (b) will be amended to read "shortages in areas" at the expense of ❑ Buyer ❑ Seller. (3) Within 3 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. (TXR-1801) 4-1-18 Initialed for Identification by Seller and Buyerl ' Page 2 of 14 Produced with zlpForm® by zipLoglx 16070 Fifteen Mile Road. Fraser. Michigan 48026 www zio noix G.m 4801 W SH -21 Vol. P9• ate_ DocuSign Envelope ID: 20A78F2B-A3F5-4C7D-B728-5OD9124574DA Commercial Contract- Improved Property concerning 4801 W SH -21 Bryan, TX 77803 4 „ B. Survey: Within 9960 days after the effective date: (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (i) ALTA/NSPS Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will reimburse Buyer N/A (insert amount) of the cost of the survey at closing, if closing occurs. ❑ (2) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the: (i) ALTA/NSPS Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. ❑ (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey. If the existing survey is not acceptable to the title company, ❑ Seller ❑ Buyer (updating party), will, at the updating party's expense, obtain a new or updated survey acceptable to the title company and deliver the acceptable survey to the other party and the title company within 30 days after the title company notifies the parties that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 30 days if necessary for the updating party to deliver an acceptable survey within the time required. The other party will reimburse the updating party (insert amount or percentage) of the cost of the new or updated survey at closing, if closing occurs. C. UCC Search: ❑ (1) Within days after the effective date, Seller, at Seller's expense, will furnish Buyer a Uniform Commercial Code (UCC) search prepared by a reporting service and dated after the effective date. The search must identify documents that are on file with the Texas Secretary of State and the county where the Property is located that relate to all personal property on the Property and show, as debtor, Seller and all other owners of the personal property in the last 5 years. Q (2) Buyer does not require Seller to furnish a UCC search. D. Buyer's Objections to the Commitment. Survey. and UCC Search: (1) Within 10 days after Buyer receives the last of the commitment, copies of the documents evidencing the title exceptions, any required survey, and any required UCC search, Buyer may object to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the -Property or constitute a defect or encumbrance to title to the real or,personal property described in Paragraph 2 other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an "A" or "V" zone as defined by FEMA). If the commitment or survey is revised or any new document evidencing a title exception is delivered, Buyer may object to any new matter revealed in such revision or new document. Buyer's objection must be made within the same number of days stated in this paragraph, beginning when the revision or new document is delivered to Buyer. If Paragraph 6B(1) applies, Buyer is deemed to receive the survey on the earlier of. (i) the date Buyer actually receives the survey; or (ii) the deadline specified in Paragraph 6B. (2) Seller may, but is not obligated to,. cure Buyer's timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 7B(1), will be refunded to Buyer. (TXR-1801) 4-1-18 Initialed for Identification by Seller as and Buyers-, Page 3 of 14 Produced with ApForm® by zipLoglx 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLoeix.com 4801 N SH -21 0., DocuSign Envelope ID: 20A78F2B-A3F5-4C70-B728-5OD9124574DA Commercial Contract - Improved Property conceming 4801 W SH -21 Bprs, TX 77803 (3) Buyer's failure to timely object or terminate under this Paragraph 6D is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: N/A B. Feasibility Period: Buyer may terminate this contract for any reason within 90 60 days after the effective date (feasibility period) by providing Seller written notice of termination. See Special (1) Independent Consideration. (Check only one box and insert amounts.) Provisions ❑X (a) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer less $ 11500.00 that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(1) or if Buyer fails to deposit the earnest money. Buyer will not have the right to terminate under this Paragraph 7B. ❑ (b) Not later than 3 days after the effective date, Buyer must pay Seller $ N/A as independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates. under this Paragraph 713, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(2) or if Buyer fails to pay the independent consideration. Buyer will not have the right to terminate under this Paragraph 7B. (2) Feasibility Period Extension: Prior to the expiration of the initial feasibility period, Buyer may extend the feasibility period for a single period of an additional NIA days by depositing additional earnest money in the amount of $NIA with the title company. If no dollar amount is stated in this Paragraph or if Buyer fails to timely deposit the additional earnest money, the extension of the feasibility period will not be effective. C. Inspections. Studies. or Assessments: (1). During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed " any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Seller, at Seller's expense, will turn on all utilities necessary for Buyer to make inspections, studies, or assessments. (3) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (4) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from (TXR-1801) 4-1-18 Initialed for Identification by Seller and Buye ft+d Page 4 of 14 Produced with zipForm® by zlpLogix 10070 FlOeen Mile Road, Fraser, Michigan 48026 www.zioLaalx.com 4801 W SH -21 Vol. U P �g• a3L DocuSign Envelope ID: 20A76F2B-A3F5-4C7D-B728-5DD9124574DA Commercial Contract- Improved Property concerning 4801 W SH -21 Bryan, TX 77803 Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Pronertv Information: Within days after the effective date, Seller will deliver to Buyer: (Check all that apply.) ❑(a) a current rent roll of all leases affecting the Property certified by Seller as true and correct; (b) copies of all current leases, including any mineral leases, pertaining to the Property, including any modifications, supplements, or amendments to the leases; ❑ (c) a current inventory of all personal property to be conveyed under this contract and copies of any leases for such personal property; ❑ (d) copies of all notes and deeds of trust against the Property that Buyer will assume or that Seller will not pay in full on or before closing; ❑X (e) copies of all current service, utility, maintenance; and management agreements relating to the ownership and operation of the Property; (f) copies of current utility capacity letters from the Property's water and sewer service provider; X (g) copies of all current warranties and guaranties relating to all or part of the Property; X (h) copies of fire, hazard, liability, and other insurance policies that currently relate to the Property; (i) copies of all leasing or commission agreements that currently relate to the tenants of all or part of the Property; X 0) a copy of the ".as -built' plans and specifications and plat of the Property; X (k) copies of all invoices for utilities and repairs incurred by Seller for the Property in the 24 months immediately preceding the effective date; ❑ (1) a copy of Seller's income and expense statement for the Property from to ; ❑X (m) copies of all previous environmental assessments, geotechnical reports, studies, or analyses made on or relating to the Property; X (n) real and personal property tax statements for the Property for the previous 2 calendar years; (o) Tenant reconciliation statements including, operating expenses, insurance and taxes for the Property from to ; and -(2) Return of Property lnformation: If this contract terminates for any reason, Buyer will; not later than' ' 10 days after the termination date: (Check all that apply.) ❑X (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; ❑X (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied in any format; and ❑ (c) deliver to Seller copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 7D(2) survives termination of this contract. E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. (� (TXR-1801) 41-18 Initialed for Identification by Seller . �I h and Buyers Page 5 of 14 Produced with 2ipFcmG by zipLogix 18070 Fifteen Mile Igen 48026 mmwApLagix cam 4801 W SH -21 voi. 2)<Db Pg. Q11 DocuSign Envelope ID: 20A78F2B-A3F5-4C7D-8728-5OD9124574DA Commercial Contract - Improved Property concerning 4801 W SH -21 Bryan. TX 77803 8. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any non -occupancy of the leased premises by a tenant; (4) any advance sums paid by a tenant under any lease; (5) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (6) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. B. Estoppel Certificates: Within N/A days after the effective date, Seller will deliver to Buyer estoppel certificates signed not earlier than by each tenant that leases space in the Property. The estoppel certificates must include the certifications contained in the current version of TXR Form 1938 - Commercial Tenant Estoppel Certificate and any additional information requested by a third party lender providing financing under Paragraph 4 if the third party lender requests such additional information at least 10 days prior to the earliest date that Seller may deliver the signed estoppel certificates. 9. BROKERS: A. The brokers to this sale are: Principal Broker: Clark Isenhour Real Estate Cooperating Broker: NIA Services, LLC Agent: Josh Isenhour Address: 3828 S College Ave Bryan, TX 77801 Phone & Fax: (979)268.6840 E-mail: josh@clarkisenhour.com License No.: 8999919:,. Agent: I Address: Phone & Fax: E-mail: License No.: Principal Broker: (Check only one box) Cooperating Broker represents Buyer. represents Seller only. represents Buyer only. X is an intermediary between Seller and Buyer. B. Fees: (Check only (1) or (2) below.) (Complete the Agreement Between Brokers on page 14 only if (1) is selected.) ❑X (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. ❑ (2) At the closing of this sale, Seller will pay: (TXR-1801) 4-1-18 Initialed for Identification by SellerGja and Buye M116 Page 6 of 14 Produced w8h ApFom* by zlpLoglx 18070 Fifteen Mlle Road, Fraser, Michigan 48026 wwwgin oaircom 4801 W SH -21 Voi. 3C)B_ pg. Q3,0 DocuSign Envelope ID: 20A78F28-A3F5-4C7D-B728-5gD9124574DA Commercial Contract - Improved Property concerning 4801 W SH -21 Bryan. TX 77803 Principal Broker a total cash fee of. H- % of the sales price. Cooperating Broker a total cash fee of: a% of the sales price. The cash fees will be paid in Brazos County, Texas. Seller authorizes the title company to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or before the later of: (1) X 30 days after the expiration of the feasibility period. (specific date). (2) 7 days after objections made under Paragraph 6D have been cured or waived. B. If either party fails to close by the closing date, the non -defaulting party may exercise the remedies in Paragraph 15. C. At closing, Seller will execute and deliver to Buyer, at Seller's expense, a 0 general ❑ special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or Uniform Commercial Code or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants -at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) a bill of sale with warranties to title conveying title, free and clear of all liens, to any personal property defined as part of the Property in Paragraph 2 or sold under this contract; (3) an assignment of all leases to or on the Property; (4) to the extent that the following items are assignable, an assignment to Buyer of the following items as they relate to the Property or its operations: (a) licenses and permits; (b) service, utility, maintenance, management, and other contracts; and (c) warranties and guaranties; (5) a rent roll current on the day of the closing certified by Seller as true and correct; (6) evidence that the person executing this contract is legally capable and authorized to bind Seller; (7) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds an amount sufficient to comply with applicable tax law; and (ii) deliver the amount to the Internal Revenue Service together with appropriate tax forms; and (8) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and the issuance of the title policy, all of which must be completed and executed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title compan�b, (TXR-1801) 4-1-18 Initialed for Identification by Seller I and Buyer[ ,n" Page 7 of 14 Produced with zipForm® by zipLoglx 18070 Fifteen Mile R chigan 48026 www.zipLooix.com 4801 W SH -21 Vol. '2�0b Pg. Q3_11 DocuSign Envelope ID: 20A78F2B-A3F5-4C7D-B728-50D9124574DA Commercial Contract - Improved Property concerning 4801 W SH -21 Bryan, TX 77803 (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease, agreement is a landlord -tenant at sufferance relationship between the parties. 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (If special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) The Feasibility Period shall be automatically extended thirty (30) days in the event that the Buyer has not received the appraisal, environmental study, engineer evaluation, or survey after ordering such reports in a timely manner after execution of the contract. Within three (3) days of the expiration of the Feasibility Period, the Buyer shall deposit an additional $33,000 FA52 in Earnest Money with the Title Company. These funds shall be non-refundable and paid to Seller in the event of Default by the Buyer. In the event of Closing, these funds shall be applied to the Sales Price of the Property. 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed and any bill of sale; .(5) one-half of any escrow fee; (6) costs to record any documents to cure.title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation fees of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood and hazard insurance as may be required by Buyer's lender; (5) one-half of any escrow fee; and (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date. (TXR-1801) 4-1-18 Initialed for Identification by Seller and Buyea. Page 8 of 14 Produced with zipForm® by zipl.o& 18070 Fifteen Mile Road, Fraser, Michigan 48028 www3jpL000 e m 4801 N SH -21 DocuSign Envelope ID: 20A78F2B-A3F5-4C7D-8728-5OD9l24574DA Commercial Contract - Improved Property concerning 4801 W SH -21 Bryan. TX 77803 (2) If the amount of ad valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) If Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B. Rollback Taxes: 1f Seller's use or change in use of the Property before closing results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of Seller. If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 14B survives closing. C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seiler for periods after closing: prepaid expenses, advance rental payments, and. other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party to whom it was prorated within 5 days after the rent is received. This Paragraph 14C survives closing. 16. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies), may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(4) which Seller may pursue, or (Check if applicable) ❑ enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: - .. (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) enforce specific performance, or seek such other relief as may be provided by law, or both. 16. CASUALTY LOSS AND CONDEMNATION: A. If any part of the Property is damaged or destroyed by fire or other casualty after the effective date, Seller must restore the Property to its previous condition as soon as reasonably possible and not later than the closing date. If, without fault, Seller is unable to do so, Buyer may: (1) terminate this contract and the earnest money, less any independent consideration under Paragraph 7B(1), will be refunded to Buyer; (2) extend the time for performance up to 15 days and closing will be extended as necessary; or (3) accept at closing: @ the Property in its damaged condition; (ii) an assignment of any insurance proceeds Seller is entitled to receive along with the insurer's consent to the assignment; and (iii) a credit to the sales price in the amount of any unpaid deductible under the policy for the loss. (TXR-1801) 4-1-18 Initialed for Identification by Seller }� � and Buyec_ , Page 9 of 14 Produced with zJpFormQ by zlpl.ogbr 16D70 Fifteen Mile Road, Fraser, Michigan 46026 WWW.2IDLogix.com 4801 N SH -21 Vol. pg...iL DocuSign Envelope ID: 20A78F2B-ASF5-4C7D-8728-50D9124574DA Commercial Contract - Improved Property concerning 4801 W SH -21 Bryan. TX 77803 B. If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: (1) terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration under Paragraph 7B(1), will be refunded to Buyer; or (2) appear and defend the condemnation proceedings and any award will, at Buyer's election, belong to: (a) Seller and the sales price will be reduced by the same amount; or (b) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non -prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph 17 survives termination of this contract. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any independent consideration under Paragraph 7B(1) before. disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby releases the title company from all claims related to the disbursal of the earnest money. E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for: (i) damages; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. yJr3 Seller ®Buyer intend(s) to complete this transaction as a part of an exchange of like -kind properties % accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange fails to occur. 19. MATERIAL FACTS: To the best of Seller's knowledge and belief: (Check only one box.) ❑ A. Seller is not aware of any material defects to the Property except as stated in the attached Commercial Property Condition Statement (TXR-1408). ❑X B. Except as otherwise provided in this contract, Seller is not aware of: (1) any subsurface: structures, pits, waste, springs, or improvements; (2) any pending or threatened litigation, condemnation, or assessment affecting the Property; (TXR-1801) 4-1-18 Initialed for Identification by Seller and Buye A , Page 10 of 14 Produced with #Femme by zipLegix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLonix.com 4801 W SH -21 J DocuSign Envelope ID: 20A78F2B-A3F5-4C7D-B728-5OD9124574DA Commercial Contract- Improved Property concerning ' 4801 W SH -21 Bryan.1X 77803 (3) any environmental hazards or conditions that materially affect the Property; (4) whether the Property is or has been used for the storage or disposal of hazardous materials or toxic waste, a dump site or landfill, or any underground tanks or containers; (5) whether radon, asbestos containing materials, urea -formaldehyde foam insulation, lead-based paint, toxic mold (to the extent that it adversely affects the health of ordinary occupants), or other pollutants or contaminants of any nature now exist or ever existed on the Property; (6) any wetlands, as defined by federal or state law or regulation, on the Property; (7) any threatened or endangered species or their habitat on the Property; (8) any present or past infestation of wood -destroying insects in the Property's improvements; (9) any contemplated material changes to the Property or surrounding area that would materially and detrimentally affect the ordinary use of the Property; (10)any material physical defects in the improvements on the Property; or (11)any condition on the Property that violates any law or ordinance. (Describe any exceptions to (9)-(11) in Paragraph 12 or an addendum.) 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand -delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices- to otices-`to the broker representing the party to whom the notices are sent. 8 A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. B. Buyer also.consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may riot be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. D. Addenda which are part of this contract are: (Check all that apply.) (1) Property Description Exhibit identified in Paragraph 2; (2) Commercial Contract Condominium Addendum (TXR-1930) or (TXR-1946); (3) Commercial Contract Financing Addendum (TXR-1931); (4) Commercial Property Condition Statement (TXR-1408); (5) Commercial Contract Addendum for Special Provisions (TXR-1940); (6) Addendum for Seller's Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards (TXR-1906); (7) Notice to Purchaser of Real Property in a Water District (MUD); (8) Addendum for Coastal Area Property (TXR-1915); (9) Addendum for Property Located Seaward of the Gulf Intracoastal Waterway (TXR-1916); (10)Information About Brokerage Services (TXR-2501); and (11)Information About Mineral Clauses in Contract Forms (TXR-2509); and (12) (TXR-1801) 4-1-18 Initialed for Identification by Seller and Buye nth Page 11 of 14 Produced with zlpForm® by zipLcgix 18070 Fifteen Mile Road, Fraser, Michigan 46026 www.zlpLonix.com 4801 W SH -21 Vol. Pg. �3 DocuSign Envelope ID: 20A78F2B-A3F5-4C7D-B728-BOD9124574DA Commercial Contract - Improved Property concerning 4801 W SH -21 Bryan TX 77803 (Note: Counsel for Texas REALTORSO has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREC) or published by Texas REALTORS® are appropriate for use with this form.) E. Buyer ❑X may ❑ may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all of Buyer's obligations under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. . B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about -to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities - necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is described in Paragraph 2 of this contract. D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state,:.§33.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be included as part of this contract (the Addendum for Coastal Area Property (TXR 9995) may be used). E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract (the Addendum for Property Located Seaward of the Gulf Intracoastal Waterway (TXR-9996) maybe used). F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. If apartments or other residential units are on the Property and the units were built before 1978, federal law requires a lead-based paint and hazard disclosure statement to be made part of this contract (the Addendum for Seller's Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards (7XR-9906) maybe used). (TXR-1801) 4-1-18 Initialed for Identification by Seller and BuyejL , Page 12 of 14 Produced with 7fpFcm8 by zipLoglx 18070 Fifteen Mile Road, Fraser, Michigan 48028 mnr.zioLoaix.cam 4801 W SH -21 Vol. pg, aE DocuSign Envelope ID: 20A78F2B-A3F5-4C7D-8728-5OD9124574DA Commercial Contract - Improved Property concerning 4801 W SH -21 Bryan, TX 77803 H. Section 1958.154, Occupations Code requires Seller to provide Buyer a copy of any mold remediation certificate issued for the Property during the 5 years preceding the date the Seller sells the Property. I. Brokers are not qualified to perform property inspections, surreys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. J. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." K. LICENSE- HOLDER DISCLOSURE: Texas law requires a real estate license holder who is a party to a transaction or acting on behalf of a spouse, parent, child, business entity in which the license holder owns more than 10%, or a trust for which the license holder acts as a trustee or of which the license holder or the license holder's spouse, parent or child is a beneficiary, to notify the other party in writing before entering into a contract of sale. Disclose if applicable: 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on October 29, 2019 , the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Seller: Howard Wallace Scoggins'lll Buyer:ffiike Gentry And/Or Assigns By:DocuSigned b� CZ ,By: By (signatur ): Printed Nam: _ mmraimiaN®ce Scoggins III Title: By: By (signature): Printed Name: Titfe: (TXR-1801) 4-1-18 By: Da .Srened 6y. By (signature): N ct, GttljYtl 9 Printed Name: rl e6�°eriJry - Title: By (signature): Printed Name: Title: Produced with zipFonne by zipLagix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zloLoafx.com Vol. 0,)� ba Pg.. Page 13 of 14 4801 W SH -21 DocuSign Envelope ID: 20A78F2B-A3F5-4C7D-B728-5OD9124574DA Commercial Contract - Improved Property concerning 4801 W SH -21 Bryan, TX 77803 AGREEMENT BETWEEN BROKERS (use only if Paragraph 9B(1) is effective) Principal Broker agrees to pay NIA (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: $ , or • of the sales price, or • of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker: Cooperating Broker: By: By: Seller's attorney: Address: Phone & Fax: E-mail: Seller's attorney requests copies of documents, notices, and other information: ] the title company sends to Seller. Buyer sends to Seller. The title company acknowledges receipt of: A: " the contract on this day B. earnest money in the amount of $ _ on Title company: ATTORNEYS Buyer's attorney: Address: Phone & Fax: E-mail: Buyer's attorney requests copies of documents, notices, and other information: ethe title company sends to Buyer. Seller sends to Buyer. ESCROW RECEIPT (effective date); in the form of Address: By: Phone & Fax: Assigned file number (GF#): (TXR-1801) 4-1-18 E-mail: Produced with zipFomM by ApLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLodx.com pg. Page 14 of 14 4801 W SH -2I Agenda Item: Consideration and possible action with respect to a resolution for the approval of the assignment and assumption of a contract to purchase approximately 1.51 acres of real property located at 4801 W. State Highway 21, Bryan, Texas 77803. CERTIFICATE FOR RESOLUTION We, the undersigned County Judge and County Clerk of Brazos County, Texas (the "County") hereby certify as follows: 1. The Commissioners Court of the County (the "Commissioners Court") convened in regular session, open to the public, on January 14, 2020 at the meeting place designated in the notice (the "Meeting"), and the roll was called of the members, to wit: Duane Peters, County Judge Nancy Berry, Commissioner, Pct. 3 Steve Aldrich, Commissioner, Pct. 1 Irma Cauley, Commissioner, Pct. 4 Sammy Catalena, Commissioner, Pct. 2 All members of the Commissioners Court were present, except thus constituting a quorum. Whereupon among other business, the following was transacted at the Meeting: a written RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH BORROWING PROCEEDS (the "Resolution") was duly introduced for the consideration of the Commissioners Court. It was then duly moved and seconded that the Resolution be finally passed and adopted; and after due discussion, such motion, carrying with it the adoption of the Resolution prevailed and carried by the following vote: YES: NOES: ABSTENTIONS: 2. A true, full, and correct copy of the Resolution adopted at the Meeting is attached to and follows this Certificate; the Resolution has been duly recorded in the Commissioners Court's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Commissioners Court's minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members of the Council as indicated therein; each of the officers and members of the Commissioners Court was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting and each of such officers and members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Chapter 551, Texas Government Code, as amended. 3. Karen McQueen is the duly appointed and acting County Clerk of the County. SIGNED AND SEALED this January 14, 202 County Clerk County Judge (COMMISSIONER'S COURT SEAL) RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH BORROWING PROCEEDS WHEREAS, Brazos County, Texas (the "Issuer") desires to pay capital expenditures in connection with the design, planning, acquisition, construction, and/or renovating of facilities described in Exhibit A hereto (the "Project"); WHEREAS, Chapter 1201, Texas Government Code, as amended ("Chapter 1201"), permits -the Iss ier to use the proceeds of obligations to reimburse the Issuer for costs attributable to the Project paid or incurred before the date of issuance of the obligations for the purpose of financing public works projects, which include the Project; and i i WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such capital expenditures will be appropriate and consistent with the objectives of the Issuer's programs and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150- 2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS THAT: Section 1. This Resolution declares the intention of the Issuer to reimburse the expenditures for the Project with the proceeds of a borrowing. The Issuer presently intends to reimburse the expenditure by incurring debt the interest on which is excludable from gross income under section 103 of the Internal Revenue Code of 1986, as amended. Section 2. The Issuer reasonably expects to incur debt with an aggregate maximum principal amount now estimated to not exceed $20,000,000 for the purpose of paying the costs of the Project. Section 3. The Issuer intends to reimburse the expenditures hereunder not later than 18 months after the date the original expenditure is paid or the date the Project is placed in service or abandoned, but in no event more than three years after the original expenditure is paid unless the Project is a construction project for which the Issuer and a licensed architect or engineer have certified that at least five years are necessary to complete the Project in which event the maximum reimbursement period is five years after the date of the original expenditure. —Section 4. The Issuer intends that this Resolution satisfy the official intent requirement set forth in Section 1.150-2 of the Treasury Regulations and evidences its intentions under Chapter 1201. Section 5. This Resolution shall be liberally construed to evidence the intent of the Issuer to comply with state and federal income tax law in the issuance of tax exempt obligations for the Project. iv� EXHIBIT A PROJECT DESCRIPTION Providing for the payment of contractual obligations to be incurred in connection with the design, planning, acquisition, construction, equipping, expansion, repair, renovation, and/or rehabilitation of certain County -owned public property, specifically being: (1) the County Jail Kitchen; (2) the Ag Extension Building; (3) the Justice of the Peace and Constable Precinct #1 Land and Building; (4) the Property at 4801 W. State Hwy. 21, Bryan, Brazos County, Texas; (5) Iand and/or property for future County facilities including the Facilities Services Department; (6) equipment and vehicles for various County departments; and (7) payment of contractual obligations for professional services in connection therewith (to wit: architectural, engineering, financial advisory, and legal). A-1 BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY t " DONATION OF COUNTY PROPERTY Date: 01/03/20 . Q Acceptance of Donated/Awarded Property ❑ Donation of County Property (Awarded property requires signed court documentation) QAcceptance of Donated Inmate Property (Requires signed inmate documentation—NO VALUE ASSESSED) Item Description: Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year: SN/VIN #: ❑ Functional ❑ Non -Functional. Explain if Non -Functional Additional Description/Information: 3 meal voucher gift certificate (x2) Estimated Value: $ 76.50 Acceptance or DonatedJeroperty Check the appropriate account based on estimated value of property being accepted: ❑X 61235000 (Donation - Other)* ❑ 60010000 (No Asset Tag - Under $500) ❑ 670I0000 (Minor Property - $500 - $4999) [:180010000 (Capital Property -Over $5000) Check box for Capital Asset (value/initial cost is over $5000) Donation of County Property Check the appropriate entity property being donated to: Government Entity: Organization Name Other (Due to Statuatory requirements prior approval is required by Purchasing: Organization Name *Donation — Other to be used for funds donated to Brazos Countyfor use ofa non -county expenditure. I certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Helath & Wellness C Name Organization Receiving Donated / Approved by Commissioners Court on this day Commissioners Court Approval Signature Authorized Si Vol. 0S Pg. aa I __ Brazos County rya � i1� Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 January 9, 2020 Austin White Lime Co. PO Box 9556 Austin, TX 78766 Re: Renewal of Contract #20-102R for Hydrated Lime previoWy known as #19-104R, 18-032R and #17-270 Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Hydrated Lime contract #20-102R, previously known as #19-104R,18-0328 and #17--270. All terns, conditions, and pricing shall remain the same. This renewal term will be for one year from April 1, 2020 to March 31, 2021. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to lmaness@brazoscountyhc:gov or fax to (979) 361-4293. Please then submit an updated Certificate of Insurance by mail or email to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361-4284. Contact Name: k. ( a- A . Lot i c e.Vl Title: ,�9—!&s D ee lyfl- Telephone: Email: I wt? iir1G lA/tACTii'lw�l�'E; tll'MP.GerYt AUSTIN WHITE LIME CO . f Authorized Signature Date "UHne re[CF52 %-uuuly Juugu uaLU BID TABULATION #20-102R HYDRATED LIME Previously known as #19-104R, #18-032R and #17-270 April 1, 2020- March 31, 2021 AUSTIN WHITE LIME DESCRIPTION PRICE PER TON Extended Price QUICKLIME, GRADE DS $145.39 $29,077.56 HYDRATED LIME $147.39 $29,477.56 DELIVERY TIME AFTER ORDER IS PLACED 2 Business Days FREE TIME 2 Hours free unloading time DEMURRAGE $75/Hour '3rd and final Renewal of 3: Austin White Lime A ed Com ' s oner's Court on this 14-- day o , 2020 by holding the position of b N L. Regional Organized Crime Information Center 545 Marriot Drive Suite 850 Nashville TN 37214 1-800-238-7985 membership@rocic.riss.net www.Oss.net MEMORANDUM OF AGREEMENT ROCIC Agency Name of Agency Number City and State Agency Administrative Head (Please type or print) As members of the Regional Organized Crime Information Center, all designated personnel from this Agency shall abide by the Constitution & By -Laws that govern this organization, and follow the policies, procedures, and guideline concerning the use of all services rendered by the Regional Organized Crime Information Center. This Agency also agrees to abide by the principles set forth in 28 CFR 23, §23.20. "Each participating agency, as a condition of participation, must accept in writing those principles which govern the submission, maintenance and dissemination of information included as part of the intedurisdictional system." (48454 Federal RegisterNol.58, No. 178, Rules and Regulations 28 CFR Part 23, §23.30 (d)(2)). The purpose of regulation 28 CFR Part 23 is to assure that all criminal intelligence systems are utilized in conformance with the privacy and constitutional rights of individuals. Therefore, all information submitted to the Regional Organized Crime Information Center shall conform to 28 CFR Part 23, §23.20 (attached) and will remain the property of the submitting agency. Donna Williams, ROCIC Director Sig ure of Administrative Head Date / / /,V, /,-a- O Date Form MS -006 (Revised Feb. 2017) voo. 308 Pg. a5 v r ..QUA$${ t APPLICATION FOR MEMBERSHIP. Regional Organized Crime Information Center Date: A completed ROCIC Application for Membership must be received by the Director of ROCIC 45 days prior to a regularly scheduled Board of Directors Meeting to be eligible for approval for membership. The application must be accompanied by a Memorandum of Agreement signed by the Administrative Head and Member Agency sponsor letter. Administrative Head, Title Email Used Daily Agency Name ORi Number County Street Address City, State, Zip Mailing Address City, State, Zip No. of sworn Personnel Agency Phone Number Agency Fax Number Billing Email No: Assigned to Intelligence Person to be ROCIC Executive Member We Mobile Phone Number Email Used Daily Person to be ROCIC Representative Tille Mobile Phone Number Email sed Dally For additional Authorized/RISSNET ROCK Users, please refer them to: www.riss.net/register This agency agrees to abide by the rules and policies of ROCIC In all matters connected with ROCIC Membership. Signature of Agency Administrative Head: ❑ Application Complete Board of Directors Action: ❑ MOA ❑ Sponsor Letter ❑ LEC Agency Review Form Date: Deputy Director Approval: Form MS -001 (Revised March 201 Vol. � Pg. .� Role Explanations of each designation: Administrative Head — (one per agency) Head of the agency. Authorized User. Executive — (one per agency) Overall responsibly for the functions of ROCIC within your agency. Can be the Administrative Head or designee. Authorized user. Representative— (one per agency) Responsible for gathering criminal intelligence, maintaining the ROCIC records within your agency and handling correspondence and requests for assistance from other ROCIC members. Serves as primary contact for all ROCIC services. Authorized user and RISSNET user. Authorized User—Authorized to have Criminal Information inquires returned directly to them Instead of to the Representative. Authorized to make case related patch calls through the 800 number. RISSNET user—Authorized to have secure access to RISSNET resources. The Representative will automatically have access to RISSNET Resources. Form MS -001 (Revised March 2017) Vol. 22$ Pg, a�� ROCIC CONSTITUTION 6z BY. -LAWS January 1, 2016 \101 3DS pg. a Table of Contents CONSTITUTION..................................................................................................................1 ARTICLE I ORGANIZATION AND PURPOSE............................................................1 ARTICLEII MEMBERSHIP...........................................................................................1 ARTICLE III BOARD OF DIRECTORS.........................................................................3 ARTICLE IV APPLICATION FOR MEMBERSHIP.......................................................6 ARTICLE V SUSPENSION OF MEMBER AGENCIES ................................................ 7 ARTICLE VI TERMINATION OF MEMBERSHIP....................................................... 7 ARTICLE VII DISPOSITION OF ROCIC RECORDS..................................................8 ARTICLEVIII AMENDMENTS.....................................................................................8 BYLAWS................................................................................................................................ 9 SECTIONI MEMBERSHIP.............................................................................................9 SECTIONII OFFICERS...........................................................................................:.....9 SECTIONIII CHAIRPERSON.......................................................................................9 SECTION IV VICE CHAIRPERSON.............................................................................9 SECTIONV SECRETARY............................................................................................10 SECTION VI BOARD OF DIRECTORS......................................................................10 SECTION VII MEMBERSHIP MEETINGS..................................................................10 SECTIONVIII COMMITTEES.....................................................................................11 SECTION IX APPLICATION FOR MEMBERSHIP.....................................................12 SECTION X SUSPENSION OF MEMBER AGENCIES.............................................12 SECTION XI TERMINATION OF AGENCY MEMBERSHIP....................................12 SECTION XII ETHICAL CONDUCT.........................................................................12 SECTION XIII SUBMISSION OF INFORMATION...................................................12 SECTION XIV DISPOSITION OF ROCIC AND/OR INTELLIGENCE RECORDS 12 SECTIONXV AMENDMENTS....................................................................................13 SECTION XVI ROCIC MEMBERSHIP SERVICE FEES............................................13 SECTIONXVII RULES OF ORDER............................................................................13 SECTION XVIII PARTICIPATION...............................................................................14 DEFINITIONS.................................................................................................................15 REGIONAL ORGANIZED CRIME INFORMA'T'ION CENTER °CONST'ITIOTION ARTICLE I ORGANIZATION AND..PURPOSE I. This organization shall be known as the Regional Organized Crime Information Center- ROCIC. It shall be composed of members of proven integrity and ability which maintain a dedicated interest in combating crime and the sharing of criminal intelligence. ROCIC's purpose, in conjunction wide the other five Regional Information Sharing Systems (RISS) Centers, is to enhance the coordination and communication of local, state, federal and tribal Iaw enforcement and criminal justice agencies in the ROCIC service area to identify, target, and remove" multijurisdictional criminal conspiracies and activities. ROCIC serves the 14 - state region consisting of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, as well as Puerto Rico, and the U.S. Virgin Islands. The primary objectives of the Center are to encourage and facilitate the rapid exchange and sharing of information among these agencies pertaining to known or suspected criminals or criminal activity and promote officer safety. Additionally, ROCIC will assist and promote other RISS initiatives that aid in public safety. ARTICLE 11 MEMBERSHIP An agency eligible for membership must be a law enforcement or prosecutorial agency or entity at the local or state level charged by statute with the detection, investigation, or prosecution of crime and enforcement of felony -level criminal laws. An agency with investigative authority must have power of arrest. Such an agency must be involved in the collection and/or dissemination of criminal intelligence information and have been determined by the Board of Directors to be compliant with 28 CFR Part 23. Acceptance of membership shall be based upon, but not limited to, ability of agency to contribute intelligence to ROCIC, ability of agency to participate in cooperative investigations with ROCIC member agencies, ability of agency to gather intelligence, purpose of agency, proximity of agency to existing member agencies, history of agency's efforts in conducting intelligence functions, ability of agency to lawfully exchange general criminal intelligence information and apply high standards of integrity, security and professionalism. Exceptions to the ROCIC membership criteria may be granted at the discretion of the Board of Directors for those special circumstances where a compelling common program interest and/or "die need to know" and "right to know" for access to ROCIC intelligence for the performance of a law enforcement activity has been demonstrated. ROCIC CONSTITUTION & BYLAWS Vol. 300 P.9. 2 The final decision on any membership application is at the discretion of the Board of Directors and will be considered and determined based on the interests and needs of the applying agency and other ROCIC Member Agencies. 2. Each Member Agency (not to include Associate Member &gendes as established in Article II, Section 3), shall be an active member and have the right to one (1) vote in the caucus of states and at the general membership meeting. Said vote shall be cast by the Administrative Head of the agency, or in their absence, the designee of the Administrative Head. Membership comprises the entire agency, and is not available to individuals. 3. In addition to the active membership category set forth above, there shaU be a category entitled "Associate" membership which shall, be open to any federal or tribal agency maintaining arrest or prosecutorial powers, and engaged in criminal law enforcement investigations. Associate Member Agencies shall be entitled to attend meetings and exchange intelligence information under rules and conditions established by the Board of Directors. Associate Member Agencies shall be charged such fees as may be established by the Board of Directors, and shall have no voting rights. They shall be entitled to participate in meetings of ROCIC membership and shall be eligible, upon the invitation of the Board of Directors, to sit as advisory members on any committee to which they shall be appointed by the Chairperson upon approval of the Board of Directors. 4. Each Member and Associate Member Agency in ROCIC shall name the Highest ranking officer of the agency (Chief of Police, Sheriff, Agency Director, Commissioner, SAC, ASAC, or RAC)as the Administrative Head and designate personnel to -fill the following: • An Executive Member - The Administrative Head of the agency, or in the case of state agencies or agencies of considerable size, a commanding officer (Assistant or Deputy Chief, Chief Deputy, Division Commander, etc.) • A Representative - The most senior investigator engaged in intelligence and/or investigative activities involving criminals and criminal activity. • Authodidd Users • RISSNET Users All designated personnel shall be appointed by the Administrative Head, Executive Member, or Representative of the Member Agency and must be full-time, paid employees of the agency, and not volunteers, auxiliary, reserve or special. 5. The Administrative Head is charged with overall responsibility for the functions of ROCIC within their Member or Associate Member Agency, G. The Representative of each Member or Associate Member Agency shall immediately notify ROCIC upon a change of the Administrative Head of the Member or Associate Member Agency. The Executive Director shall notify the Board of Directors at the next Board Meeting of the change. The Member Agency will remain as an active agency unless, upon review, the Board of Directors vote to take action based on due cause. ROCIC CONSTITUTION & BYLAWS Vol. S Pg. a� a 7. The Representative is charged with the responsibility of gathering criminal intelligence, meeting with the ROCIC Law Enforcement Coordinator, maintaining the ROCIC records within their Member or Associate Member Agency, and handling correspondence and requests for assistance from other ROCIC Members and Associate Member Agencies. 8. If for any reason designated personnel from a Member or Associate Member Agency can no longer serve, the Administrative Head, Executive, or shall notify the Center immediately in writing. 9. The Administrative Head of each Member and Associate Member Agency shall execute a Memorandum of Agreement witli ROCIC which requires agency personnel to abide by the policies, rules, and regulations of ROCIC, and requires compliance with 28 CFR Part 23 entitled "Criminal Intelligence Systems Operating Policies," and applicable federal guidelines and program policies. 10. Access to membership privileges and services by authorized agency personnel to conduct business with ROCIC may be suspended under the same procedures as set forth in Article V, Section 1. Appeal hearings may be made at the discretion of the Board of Directors. ARTICLE III !BOARD OF DIRECTORS 1. The ROCIC Board of Directors shall be composed of one (1) Board Member from each of the fourteen (14) states represented in the memberslup of ROCIC. a. Each person desiring to be elected to the ROCIC Board of Directors shall notify the Executive Director in writing. The notification must be received by the Executive Director forty-five (45) days in advance of the election. Persons notifying the Executive Director less than forty-fh,e (45) days in advance will be ineligible for that election. b. The candidatemust be a full-time paid employee of an ROCIC Member Agency and must have current substantial policy -level decision-making authority within their agency and be a member of the agency's command staff. A letter must be submitted to the Execudve Director by the Chief Executive Officer of the candidate's sworn agency, on agency letterhead, verifying the candidate's substantial policplevel decision-making authority, unless the candidate is the Administrative Head of the agency (Chief of Police, Sheriff, Agency Director, Commissioner, etc.). c. The Chairperson of the Board of Directors will appoint a three-member committee to evaluate the credentials of all prospective Board and Proxy candidates. The members of this committee shall be selected from Board members who are not due for re-election during the year in question. No Board member shall evaluate applicants from their respective state. This committee will have the authority to reject unqualified applicants. ROCIC C0NYSTITUTION & BYLAWS 4 d. Elections will be held at the regularly scheduled general membership conference in the summer of each year. Should a summer conference not convene, elections will be held at the next scheduled general membership conference. e. A Law Enforcement Coordinator from a state other than the candidate's own state will supen•.-ise the election. The Executive Director will designate the Law Enforcement Coordinator to supervise the election. f. Each Member Agency present at the membership conference will have one (1) vote, to be cast for a candidate from their state. Ballots will be used to elect the candidate. The ballots will be counted in front of the candidates where there is more than one (1) candidate. In the event the Board member candidate runs unopposed, no election will be held. g. All members of the Board of Directors shall be chosen by election, except the Executive Director. All of the members of the Board of Directors shall each have one (1) vote, except for the Executive Director, who is an ex -officio, nonvoting member. h. In all matters before the Board, should there be a tie vote, a second vote will be taken. If the de is not broken during the second vote, the Chairperson will have the responsibility of the final decision. L Each elected Board Member shall serve for a period of three (3) years from their date of election. When elections are held to fill a vacancy, the newly elected member will serve only the time remaining of their predecessor's term. j. In the event that a Board Member is replaced by a Proxy, they will serve under the same requirements as set forth in Article III, Section !g. That Proxy will represent their constituency until the next regularly scheduled election. k. No family member, as defined in the Definitions Section, or person living with an ROCIC employee, is eligible to run for the position of Member of the Board of Directors for ROCIC, nor shall they be eligible to be appointed as Proxy for a Member of the Board of Directors. Likewise, no' relative or. person living: with a member of the Board of Directors, shall be eligible for employment with ROCIC. 2. The Board of Directors shall select by majority vote from its membership a Chairperson, a Vice Chairperson, and a Secretary at the Board meeting held during the summer general membership meeting. Should a summer conference not convene, elections will be held at the next scheduled general membership conference. a.. Each elected Board officer shall serve for a period of approximately one (1) year, to coincide with the annual Board of Director elections. b. An elected Board officer shall not assume the responsibilities of the elected office until the first business day following the general membership conference at which the election was ROCIC CONSTITUTION & BYLAWS No �Nffe, held. c. The Board Chairperson can succeed themselves for one term. Thereafter, the Board Chairperson must remain out of office for a period of one year before they can be eligible for re-election to another term as Chairperson. All other Board officers shall be allowed to succeed themselves with no limitation. 3. Each Board Member shall, within thirty (30) days of their election, appoint a permanent Proxy to represent them in their absence and furnish this information to the Executive Director. The Proxy must be a fulltime paid employee of an ROCIC Member Agency and must have current substantial polic}Llevel decision-making authority within their agency and be a member of the agencVs command staff. A letter must be submitted to the Executive Director by the Chief Executive Officer of the Proxy's sworn agency, on agency letterhead, verifying the Proxy's substantial policylevel decision-making authority, unless the Proxy is the Administrative Head of the agency (Chief of Police, Sheriff, Agency Director, Commissioner, etc.). In the event the Board Member's position, isprematurely vacated, the Proxy will represent their constituency until the next regularly scheduled election,- in accordance with Article 111, Section 1. 4. In the event of a vacancy on the Board of Directors, it shall be filled by a vote of the Member Agencies from the state represented by the vacancy by a majority vote of the Member Agencies present and voting at the next regularly scheduled election, held in accordance with Article III, Section 1. a. Avacancy shall be deemed to exist when a Member of the Board of Directors either completes their term of office; resigns their office; terminates employment with their agency (e.g.: dismissal, resignation, retirement, demotion to a position that does not meet the criteria set forth in Article III Lb, or agency dissolution); or upon the termination of ROCIC membership. b. Unless there is a break in service, it will not be considered a vacancy if the Board Member resigns from one Member Agency to go to work with another Member Agency and the Board Member's new position is one of substantial policy -level decision- snaking authority in accordance with Article III, lb. 5. Each member of the Board of Directors shall be subject to removal from office, and upon the petition for recall of a Board Member signed by a majority of the Member Agencies of the state concerned stating the date, time, and place, a caucus of state agencies shall be held to consider removal of the Board Member. Such caucus shall not be held earlier than thirty (30) days after the last agency signed the petition. Upon a two-thirds (2/3) vote of the members present and voting at said caucus, the Board Member shall be removed. The caucus shall then elect a new Board Member by majorityvote subject to the rules set forth in Article III, Section 1. 6. Members of the Board of Directors shall be suspended from their Board duties upon their suspension from their agency or their agency's suspension from ROCIC, as set forth in Articles V and VI. ROCIC CONSTITUTION &. BYIAWS Vol.` Pg. a L2.3 7. The ROCIC Executive Director shall be selected and appointed by majority vote of the entire Board of Directors. The Executive Director is responsible for the dayto.day operation and management of ROCIC. In case of a vacancy in the Executive Director, the Deputy Director approved by the Board of Directors shall assume the duties of Interim Executive Director until a permanent replacement can be approved by the Board of Directors. ARTICLE IV APPLICATION FOR MEMBERSHIP 1. Application for membership in ROCIC shall be made to the Executive Director in writing by the Administrative Head of the agency requesting membership. a. State and local agencies making application for membership with ROCIC, must complete 15i'organizations Application for Membership. An accompanying letter of sponsorship from an ROCIC Member Agency in good standing of the same state, signed by the agency's Administrative Head, Executive, or Representative, must be included with the application. b. Federal and tribal agencies applying for Associate Membership with ROCIC, must complete the organizations Application for Associate Membership. Federal or tribal agencies applying for membership must include a Mission Statement of their organization detailing the law enforcement or prosecutorial mission of their agency. c. All agencies applying must submit an ROCIGMemoz�ndum`�-TAgreement; signed by the Administrative Head, agreeing to abide by theROCi�� Cotisttturion&�By-Laws d 28 ,CFRAPai t23?" 2. Once agencies applying for either Member or Associate Member Agency with ROCIC have completed the application, Memorandimi of Agreement, and have submitted the sponsur letter or Mission Statement, the Law Enforcement Coordinator for that state will a report detailing the.esults of;the�kgrQu di? %estigaion'scom ere egaTdinge l_ap�Iymgagency 3. Upon completion, the Board Member for the state of the applying agency will review the above documents. Based on the approval of the Board Member, the applying agency vrill be given Provisional Membership with ROCIC, until the next regularly scheduled Board meeting (unless less than 45 days of said membership meeting), when the entire Board of Directors can vote on the membership of the applying agency. The Provisional Agency shall have limited access to services as determined by ROCIC policy and their personnel are not eligible to vote or hold office. 4. The Administrative Head of the applying agency shall, at the time of application, designate an Executive and Representative, as specified in Article II, 3. 5. No application for state and local membership shall be acted upon at any meeting of the Board of Directors unless said application has been received by the Executive Director at least forty-five (45) days before the scheduled date of the meeting at wluch the application is ROCIC CONSTITUTION & BYLAWS Vol. Pg. Q�fq- 7 considered. The Executive Director shall adAse all Member Agencies of all pending applications at least thirty (30) days before the meeting at which any application is considered. 91 ARTICLE'V SUSPENSION OF MEMBER AGENCIES 1. A Member or Associate Member Agency may be suspended, pending the next regular Board meeting, by a majority vote of the Board of Directors, or by the Fxecutive Director upon consultation with the Chairperson or their Designee, and the Board Member representing the state in which the Member or Associate Member Agency is located, for the following reasons: a. Acts detrimental to ROCIC or the profession of law enforcement, or b. Improper or indiscreet handling of ROCIC information, or c. Lack of participation in the activities of ROCIC as defined in the By. Laws under Section XIX. 2. The Executive Director shall notify all suspended Member or Associate Member Agencies immediately in writing of any suspension made by the Board of Directors. 3. All suspended Member and Associate Member Agencies shall have the right to appear and appeal at the next regular Board of Directors meeting by filing an Intention to Appeal, executed by the suspended Member or Associate Member Agency in writing, with the Executive Director at least ten (10) days prior to the meeting. 4. Suspended agencies are not eligible to vote or -hold office. ARTICLE VI TERMINATION OF MEMBERSHIP 1. The membership of a Member or Associate Member Agency shall be terminated upon a majority vote of the Board of Directors under the following circumstances: a. Lack of participation in the activities of ROCIC as defined in the By -Laws under Section XIX, or b. For cause, whether in a suspended status'or othem ise. ROCIC CONSTITUTION & BYLAWS Vol. pg. 8 2. The membership of a Member or Associate Member Agency shall be terminated upon the Executive Director's receipt and validation of written notice of resignation from the Administrative Head, Executive, or Representative of the requesting Member or Associate Member Agency. 3. An agency whose membership has been terminated may, upon. resolution of the terminating circumstances, reapply for membership. The application will be handled in the same manner as that of a new application, as described in Article IV. ARTICLE VII DISPOSITION OFOCIC RECORDS-' 1. nfoi iationva cul ulateci ODIC shall remainT property of the ROGIC Membe Associate�M mber,Agency4Allreds,-doiunients or tafon iarlon Lleldr by any Member or Associate Member Agen(y when that Agency resigns or is terminated shall be retained by the agency to be used for law enforcement purposes only. ARTICLE VIII AMENDMENTS 1. Amendments to the ROCIC Constitution shall be made only at a regular meeting by a two thirds (2/3) vote of the Board of Directors present and voting. 2. No proposition to amend the Constitution of ROCIC shall be acted upon at any meeting unless written notice thereof has been given to the Board Chaf: erson and the Executive Director at least thirty (30) days prior to the meeting at which such amendments are submitted for a vote of the Boarci of Directors. A copy of such proposition. shaft be distributed to all Board Members at least ten (10) days prior to the meeting at which the proposition is considered. ROCIC CONSTITUTION & BYLAWS Vol. Pg. `9. REGIONAL ORGANIZED CRIME INFORMATION CENTER BY-I:AWS SECTION I MEMBERSHIP 1. Membership in ROCIC shall be governed by Article II of the ROCIC Constitution. 2. Each Member Agency shall have the right to participate in all general membership meetings and cast one (1) vote, to be cast by the member representing the agency at the meeting. This vote will apply to all matters within the context of die general;membership meeting. Agency personnel who meet qualifications to run for office may run for office.` SECTION If OFFICERS 1. The officers of ROCIC shall be elected and shall serve in accordance with the provisions of Article III'of the ROCIC Constitution. SECTION III CHAIRPERSON 1. The Chairperson of ROCK shall be elected and shall serve as provided in Article III of the ROCIC Constitution. 2. It shall be the duty of the Chairperson to preside at all meetings of ROCIC and to enforce rules and regulations regarding its administration. They may, as occasion demands, call meetings of the ROCIC Board of Directors. SECTION gV .-VICE CHAIRPERSON I. The Vice Chairperson of ROCIC shall be elected and shall serve, as provided in Article III of the ROCIC Constitution. 2. It shall be the duty of the Vice Chairperson to preside at all meetings in the absence of the Chairperson and to assist the Chairperson in the enforcement of rules and regulations regarding ROCIC. 3. In the event of the resignation, suspension, or termination of the Chairperson, the Vice Chairperson shall ascend to the Chairpersonship and serve until the next meethig of the Board of Directors. ROCIC CONSTITUTION & BYLAWS 10 SECTION V SECRETARY 1. The Secretary shall be elected and shall serve, as pro`ided in Article III of the ROCIC Constitution. They shall keep, or cause to be kept, the Minutes of all meetings, act as parliamentarian, issue notices of meetings, and perform all other duties pertaining to the office of Secretary. SECTION Vfl BOARD OF DIRECTORS 1. The Board of Directors shall consist of one (1) member from each state to be selected by the Member Agencies of that state, as provided in Article III of the ROCIC Constitution, in addition to the Executive Director. Members of the Board of Directors may succeed themselves. 2. The Board of Directors shall be responsible for providing policy and direction affecting ROCIC operations and administration. The Director,shall be responsible for the day -today management and operation of ROCIC. a. In the case of an emergency not covered by the Constitution & BrLaws, the Chairperson of the Board of Directors, with the concurrence of the elected officers of the Board of Directors, is empowered to respond as deemed necessary. b. After such empowerment of Section VI, 2a, the Chairperson of the Board of Directors shall report to the Board of Directors any and all actions taken as a result of the emergency. Furthermore, the Chairperson of the Board should bring before the Board of Directors discussion to determine if policy should be developed in reference to the emergency. 3. In addition to the duties stated in Section VI, Paragraph 2, the Board of Directors shall investigate and evaluate all prospective members and investigate actions of die individual agency personnel and Member or Associate Member Agencies that the Board of Directors has reason to believe would adversely affect the operation of ROCIC and to take emergency action in suspending members; to determine the degree of participation of Member and Associate Member Agencies in organization activities; and to recommend changes in policy and procedure. SECTION VII MEMBERSHIP MEETINGS 1. General membership meetings shall be held no less than two (2) times each year. ROCIC CONSTITUTION & BYLAppWS Vol. 3b8 Pg. 11 2. Location of the general membership meeting(s) will be rotated among the ROCIC service area as follows: a. One (.1) meeting in the eastern section of ROCIC (Florida, Georgia, North Carolina, South Carolina, Virginia or West Virginia). b. One (1) meeting in the central section of ROCIC (Alabama, Kentucky, Mississippi, or Tennessee). c. One (1) meeting in the western section of ROCIC (Arkansas, Louisiana, Oklahoma, or Texas). However, in the event the general membership meeting cannot be held in accordance with the above -listed rotation schedule, the Executive Director has the authority to set the site of the general membership meeting at their discretion. .3. General membership meeting site selections are made in accordance with Department of Justice regulations. A site is selected by the Training Manager and Deputy Director of Operations, as approved by the Executive Director. 4. At a meeting, a closed session maybe held, if decided by a majority of the Board of Directors. The proceedings of all closed sessions shall be confidential and any breach of this confidence shall result in termination of membership of the Member or Associate Member Agency or individual agency personnel responsible. 5. Special meetings shall be held only in cases of emergency and shall be called by the Chairperson at a time and place designated by them upon the approval of a majority of the members of the Board of Directors via a telephonic. 6. In addition to general membership meetings, each Law Enforcement Coordinator, at the direction of the Executive Director, may hold specialized training and information -sharing meetings in their service region. SECTION VIII COMMITTEES 1. The Board of Directors shall be responsible for providing policy and direction affecting ROCIC operations and administration. The Executive Director shall be responsible for the day-to-day management and operation of ROCIC. The Board of Directors may appoint such committees as the Board may detennine appropriate. ROCIC CONSTITUTION & BYLAWS FPg. aLP9 12 SECTION IX APPLICATION FOR MEMBERSHIP 1. Application for membership in ROCK shall be made in accordance with the provisions of Article IV of the ROCIC Constitution. SECTION X SUSPENSION OF MEMBER AGENCIES 1. The suspension of Member and Associate Member Agencies shall be governed by Article V of the ROCIC Constitution. SECTION XI TERMINATION OF A.GENCX MI MIIERSKIIP 1. Termination of agency membership in ROCIC shall be governed by Article VI of the ROCIC Constitution. SECTION XII ETHICAL CONDUCT 1. Designated personnel fmm Member and Associate Member Agencies shall at all times conduct themselves in a manner to reflect credit upon themselves, their law enforcement agency, the profession of law enforcement, and ROCIC, and shall abide by all local, state, and federal laws, and -die Constitution & BTLaws of ROCIC. SECTION XIII SUBMISSION OF INFORMATION 1. It shall be the responsibility of the submitting Member or Associate Member Agency to evaluate all intelligence material received by, or in possession of, the Member or Associate M e m b e r Agency to determine whether it is of interest to other ROCIC members and, if so, to rake such steps as are appropriate to submit such information to ROCIC, in accordance with procedures established by ROCIC, to include 28 CFR Part 23. SECTION XIV DISPOSITION OF ROCIC AND/OR INTELLIGENCE RECOR.0S .1. Information accumulated by ROCIC shall remain the property cif the ROCIC Member or Associate Member Agency. All records, documents, or information held by any Member or ROCIC CONSTITUTION be BYLAWS Vol. Pg. �.1� 13 Associate Member Agency when that agency resigns ,or is terminated shall be retained by the agency to be used for law enforcement purposes only. 2. All Member or Associate Member Agencies and any individual having access shall be held accountable for the appropriate dissemination of ROCIC information furnished to them. 3. The Executive :Director shall designate the format in which intelligence information shall be submitted to ROCIC. SECTION XV AME 111DMENTS 1. Amendments to the By -Laws of ROCIC shall be made only at a Board Meeting by a 2/3 majority vote of the Board Members present and voting. 2. No proposition to amend the By -Laws of ROCIC shall be acted upon at any meeting unless written notice thereof has been given die Board Chairperson and the Director at least thirty (30) days prior to die meeting at which such amendments are submitted for a vote of the Board of Directors. A copy of such proposition shall be distributed to all members of the Board of Directors at least ten (10) days prior to the meeting at which the proposition is to be considered. SECTION XVI ROCIC MEMBERSHIP SERVICE FEES 1. A Service Fee is due from each Member and Associate Member Agency on Jtily 1 of each year. This amount should be payable to ROCIC. The fees will be evaluated by the Board of Directors as needed. 2. When service fees are not paid within 90 days of due date, the Member or Associate Member Agency will be referred to the Board of Directors for such action as they deem appropriate. 3. Any agency joining ROCIC after July 1 will have their service fees prorated. SECTION XVII RULES OF ORDER 1. All meetings will be conducted in a civil manner and will follow the Board Chairperson's rules using Roberts Rules of Order as a guide. ROCIC CONSTITUTION & BYLAWS Vol. g pg. ar 14 SECTION XVIII PARTICIPATION 1. The success of the organization is dependent upon its members. Each Member or Associate Member Agency must actively participate in the organization and make contributions through established procedures. 2. When presented by the Executive Director, the Board of Directors shall review participation of all Member or Associate Member Agencies. The Board of Directors may take any action deemed appropriate towards those Member or Associate Member Agencies that do not meet the participation requirements. ROCIC CONSTITUTION & BYLAWS vo'. o S P fl. -a_ 7a .. 15 DEFINI'T'IONS 28 CFR Part 23 28 Code of Federal Regulations Part 23 is a federal guideline for law enforcement agencies that operate federally funded, multijurisdictional criminal intelligence systems which provides guidance for law enforcement agencies on how to operate criminal intelligence information systems effectively while protecting individuals' privacy and constitutional rights during the collection, storage, and dissemination of criminal intelligence inforniation. ADMINISTRATIVE HEAD: The highest ranking officer of a law enforcement agency, such as, but not limited to: Chief of Police, Sheriff, Public Safety Director, Director, Special Agent in Charge, Resident Agent in Charge, etc., responsible for the functions of ROCIC within their agency. AGENCY INVESTIGATION: Conducted by the Law Enforcement Coordinator and/or Board of Directors to determine suitability for membership and/or retention of membership in ROCIC. AMENDMENTS: Revisions or additions made to the ROCIC Constitution & By - Laws. APPEAL: Application for reinstatement submitted by a suspended agency to the Board of Directors. APPLICATION FOR MEMBERSHIP: An agency's request for ROCIC. membership. ASSOCIATE MEMBERSHIP: A non-voting class of membership afforded federal and tribal law enforcement and prosecutorial agencies for the purpose of attending meetings and the exchanging of intelligence information. CAUCUS: Meeting of a state's agency members to conduct ROCIC business by vote. CHAIRPERSON: Elected for a one -.year term by a majority vote of the Board of Directors and presides over the Board of Directors. The Chairperson can succeed themselves one terra. ROCIC CONSTITUTION & BYLAWS vol. Pg. ra-3Ll is CLOSED SESSION: A membership meeting that can be attended by Member and Associate Member personnel only. CONFIDENTIAL: A security classification given to information or meetings for the protection of sensitive information. CONSTITUTION & BYLAWS: The official guidelines for the operation of ROCIC as pertaining to member agencies. DESIGNEE: A person who is appointed to act for another. EXECUTIVE DIRECTOR: An ex -officio, non-voting member of the Board of Directors responsible for the day-to-day management of ROCIC. DISMISS: To terminate association. ETHICALCONDUCT: The standard bywhich personnel from Memberor Associate Member Agencies is judged. EVALUATION OF AGENCIES: The review of results of investigations concerning suitability of membership or retention of membership in ROCIC. EXECUTIVE MEMBER: The Administrative Head of the Member or Associate Member Agency or in the case of state agencies or agencies of considerable size, a commanding officer (Assistant or Deputy Chief, Chief Deputy, Division Commander, etc.) EXECUTIVE SESSION: A closed meeting for the Board of Directors only. FAMILYMEMBER: Spouse, parent, brother, sister, child, aunt, uncle, grandparents, grandchild, niece or nephew or any in law of an ROCIC Board Member or employee. FEDERAL AGENCY: A Federal Criminal justice agency charged with the enforcement and/or prosecution of the laws of the United States. ROCIC CONSTITUTION & BYLAWS vol. Pg. a7 17 FOR CAUSE: Any act that would bring discredit to either ROCIC or its Member or Associate Member Agencies. GENERAL MEMBERSFIIP MEETING: A duly constituted gathering of Member and Associate Member Agencies to receive and/or exchange information. GUEST: A designated individual who is authorized to attend closed session meetings who is not from a Member or Associate Member Agency. INFORMATION SHARING MEETING: The presentation or submission of felony criminal suspect information to ROCIC and other Member or Associate Member Agencies. INQUIRIES: Requests for specific information from the ROCIC Criminal Intelligence Unit by a Member or Associate Member Agency. INTERIM: Temporary. INTERSTATE: Crossing state boundaries. INTRASTATE: Occurring within a state's boundaries. LACK OF PARTICIPATION: An agency's failure to meet minimum membership requirements and to utilize the services of ROCIC and make submissions or inquiries into the RISSIntel database. LAW ENFORCEMENT OFFICER: A duly sworn member of a Law Enforcement agency that is a member of ROCIC who is a f lltime, paid employee of the law enforcement agency and not volunteer, auxiliary, reserve, or special. MAJORITY VOTE: One vote more than fifty percent of all votes cast. MANAGEMENT & OPERATION: Provided to ROCIC by the Executive Director. ROCIC CONSTITUTION & BYLAWS Vol. Pg. 18 MEMBERAGENCY: A local, county, state, or other duly constituted organization approved under state law which exercises law enforcement or criminal investigation or prosecutorial authority. Any exception to this definition must have prior approval by the Board of Directors. MEMBER AGENCY IN GOOD STANDING: An agency complying with all ROCIC Constitutional By -Laws. MEMORANDUM of AGREEMENT: Signed by all Administrative Heads. Requires members to abide by the Constitution & BTLavvs of ROCIC, and to comply with 28 CFR Part 23. MINUTES: Official record of a meeting's proceedings to be maintained by the Secretary. POLICE: A duly constituted city, county, .or university police agency with arrest powers under federal and state law. PROVISIONAL MEMBERSHIP A classification of membership with limited access to services, no voting privileges and cannot hold office. PROXY: Appointed by each Board Member to represent that constituency if the Board Member is unable to do so. QUALIFIED APPLICANT: An agency which applies for ROCIC membership and meets all requirements of membership. ROCIC RECORDS: Any document submitted to ROCK to be put into RISSIntel, the Crinunal Activity Bulletin, or use by any Unit within ROCIC relating to a criminal investigation or ROCIC business. REINSTATEMENT: Restoration of privileges to a suspended ROCIC Member or Associate Member Agency REPRESENTATIVE MEMBER: In a Member or Associate Member Agency, the appointed member responsible for gathering criminal intelligence, maintaining ROCIC records within the agency, and handling correspondence and requests for assistance from other members. ROCIC CONSTITUTION & BYLAWS Vol. Pg. Q 7 V 19 RESIGN: To give up a ROCIC membership or position. RESPONSE TO INQUIRY. Assistance given to ROCIC by a Member or Associate MemberAgencyto fulfill a request made by anotherlaw enforcement agency. ROBERTS RULES OF ORDER, REVISED: The Rules of Order for the conduct of business meetings. SECRETARY: Elected member of the Board of Directors responsible for recording or have recorded the Minutes of ROCIC meetings. SERVICE FEE: The annual payment required for membership in ROCIC. SHERIFF: A duly constituted law enforcement officer with arrest powers. SPECIAL MEETING: An emergency meeting called by the Chairperson of the Board of Directors of ROCIC. STATEAGENCY. A duly constituted law enforcement agency that is part of state government with arrest or prosecutorial powers. SUBMISSION: Criminal felony data sent to :ROCIC by Member or Associate Member Agencies to be stored in the Center's database or published in the CriminalActivity Bulletin. SUBSTANTIAL POLICY -LEVEL DECISION-MAKING AUTHORITY: The authority within a law enforcement agency given to personnel of the agency, by an Administrative Head which allows them to make policy -level decisions within their law enforcement or prosecutorial agency. SUSPEND: To temporarily end an agency's membership due to lack of compliance with ROCIC rules and regulations. TERMINATE: To end an agency's ROCIC membership by an agency resigning or by a vote of the majority of the Board of Directors. .ROCIC CONSTITUTION & BYLAWS Vol. 3U25 pg. .= 20 TERMINATION OF MEMBERSHIP: To end all rights and privileges of being a Member o r Associate Member Agency of ROCIC by resigning membership or by action of the Board. 2/3 VOTE: Votes equal to or exceeding 66.6 percent of all votes cast. VACANCY: An unoccupied position. VICE CHAIRPERSON: Elected member of the Board of Directors responsible for presiding over meetings at which the Chairperson is absent. - ROCIC CONSTITIJION & BYLAWS Vol. 30S- pg. -27S 1 AMENDMENT TO 17-049 ARCHITECT FOR JUVENILE EXPANSION THIS AMENDMENT TO 17-049 ARCHITECT FOR JUVENILE EXPANSION ("Amendment") is entered into and effective this 147" day of January 2020 ("Effective Date") by and between Brazos County ("Customer"), and TreanorHL. ("Contractor") each of which may alternatively be referred to herein as a "Party" and collectively as the "Parties". All capitalized terms in this Amendment shall have the same meaning as in the Agreement (as defined below) unless otherwise stated herein. RECITALS WHEREAS, the Parties entered into that certain original contract #17-049 ("Agreement") for purposes of TreanorHL to provide of the architect services; and WHEREAS, the Parties desire to amend.the scope of service and pricing as set forth in original contract # 17-049. AGREEMENT NOW THEREFORE, in consideration of the above premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows: 1. Adding section for scope of work for the Commissioning Services for the smoke evacuation system serving housing areas A and C at the Juvenile Detention Facility for an additional fee of $61,000.00 a copy of the proposal is attached hereto and incorporated herein. 2. Conflict/No Other Modifications. In the event of a conflict between the terms of this Amendment and the terms of the Agreement, this Amendment shall control. All other terms of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be signed by their authorized representatives as of the Effective Date. This Amendment may be executed in counterparts, all of which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of execution of this Amendment and shall be binding on all Parties hereto. N ne v cv v cL_ Title J Dat TREANORHL Signature T.dA,eo�/ Name Title d/ • O 9.• �o2t7� Date TREANORHL January 8, 2020 Wm. Charles Wendt Purchasing Agent Brazos County, Texas 200 S. Texas Ave, Ste. 352 Bryan, TX 77803 RE: Brazos County Juvenile Center Commissioning Services Charles, Per the request of the county, we have developed a proposal to provide commissioning Services for the Smoke Evacuation System at the Brazos County Juvenile Center. In compliance with Article IX of our original agreement, this change order will require approval by the -County and the Commissioner's Court prior to any work. The following sections require amendment in the agreement. Exhibit 'A', Scope of Service shall add the following scope item, The Commissioning consultant, Campos engineers, will provide Commissioning (CX) services for the "smoke evacuation system serving housing areas A and C at the Brazos County Juvenile Facility Expansion located in Bryan, TX. Campos proposes to employ the following scope of services to verify the performance of the smoke evacuation / ventilation system and to achieve the requirements of the 2015 International Fire Code (Code in effect in Bryan, TX). Phase 1: Project Preparation and Kick -Off Phase 2: Equipment Installation Verification / Component Identification Phase 3: Equipment Functional Testing Phase 4: Sequence of Operations Testing Phase 5: Live Smoke Performance Testing Certain verification activities will involve the mechanical, electrical, controls, and fire alarm contractors as well as the general contractor. The involvement of all parties will be coordinated with sufficient notice in advance of individual testing. The building owner, the general contractor, and the design team will be informed of any issues and/or building features found to be non- compliant with the smoke evacuation system design as they arise. Smoke evacuation system deficiencies observed during testing shall be reported to the owner in the form of a Corrective Action Report (CAR). The responsible party shall have the opportunity to treanorhLcom Vol. Pg. L Page 2 Mr. Name January 8, 2020 correct the observed issue within a 72 -hr. period. Campos shall provide one recheck upon correction of the observed deficiency included in the scope of this plan. Additional rechecks shall require change order authorization. Exhibit'B', Payment Terms, add the following, Additional Service: Commissioning Services Stipulated Sum of $61,000.00 Please review this proposal and if you should have any questions or comments please do not hesitate to contact me at your convenience. Again, we look forward to assisting Brazos County on this project. Sincerely, T. Andrew Pitts AIA, LEED AP bd+c PRINCIPAL apitts@trea norhl.com o 816.221.0900 treanbrhl.com - BRAZOS COUNTY ARCHITECT SERVICES CONTRACT # 17-049 Agreement This Architect Services Contract ("Contract") is between Brazos County, Texas, ("the County") and TreanorHL P.A.>. ("TreanorHL" or the "Architect"). The Architect agrees to provide the County with certain professional services as described herein, and the County agrees to pay the Architect for those services. This Agreement, Exhibit A (Scope of Services), Exhibit B, Exhibit C, and Exhibit D collectively comprise the Contract and shall be read together unless otherwise indicated. However, in the event of, any conflict, this Agreement shall prevail. The "Project" contemplated herein is the design and construction of the Juvenile Facility Expansion. ARTICLE 1 Scope of Services 1.01 In consideration of the compensation stated in paragraph 2.01 herein below, the Architect agrees to provide the County with the professional services as described in Exhibit "A", the Scope of Services ("Scope of Services" or "Scope"), incorporated herein by reference for all purposes. ARTICLE II Payment 2.01 In consideration of the Architect's provision of the professional services in compliance with the terms and conditions of this Contract, the County shall pay the Architect according to the terms set forth in Exhibit "A" Exhibit "B" and Exhibit "D". ARTICLE III Time of Performance 3.01 The Architect shall exercise a degree of care and diligence in the performance of all services under this Contract in accordance with the professional standards prevailing among Architects in the location in which the Architect practices or Brazos County, Texas, skilled in design for projects of similar scope, and all of the Architect services shall be performed as expeditiously as is consistent with said standards and the orderly progress of the work. Page 1 Vol. O Pg. a�� 3.02 Time is of the essence of this Contract. The Architect shall be prepared to provide the professional services in the most expedient and efficient manner possible in order to complete the work in a timely manner. Promptly after the execution of this Contract, Architect.shall prepare and submit for the County to approve in writing, a detailed schedule for the performance of the Architect's services. The Architect's schedule shall include allowances for periods of time required for the County's review and for approval of submissions by authorities having jurisdiction over the Project. The County and other authorities having jurisdiction over the project shall act with reasonable promptness in their review and approval responsibilities and in providing information to the Architect necessary for the Architect to perform its services. The time limits established by this schedule over which Architect has control shall not be exceeded without written approval from the Commissioner's Court. The Architect shall not be responsible for circumstances beyond its reasonable control including performance of the contractor, performance of the County and other parties acting on behalf of the County or having jurisdiction over the Project, and force majeure events impacting the Project. 3.03 The Architect's services consist of the services required to be performed by the Architect, Architect employees and Architect consultants under the terms of this Contract. Such services include as basic services normal structural, mechanical, electrical and plumbing engineering services, civil engineering, security and technology design. and any other design services that are normally or customarily furnished and reasonably necessary for a project Services not included in the basic services include site survey, geotechnical surveys or environmental surveys.. The Architect shall contract and employ, at his expense the above mentioned consultants for the design of the Project, and such consultants shall be licensed as required by the State of Texas and approved in writing by the County. Any other consultants requested or required by the county shall be hired by the Architect at a fee approved by the County. Costs incurred for such consultants shall be treated as a reimbursable expense. 3.04 The Architect shall designate a principal of the firm reasonably satisfactory to the County who shall, so long as employed by the Architect and acceptable to the County, remain in charge of professional services through completion of the design and be available for general consultation throughout the Project. Any replacement of that principal shall be approved in writing (which shall not be unreasonably withheld) by the County, prior to replacement. 3.05 The Architect shall be responsible for the coordination of all drawings and design documents used on the Project. The Architect shall also be responsible for the completeness and accuracy of all drawings and specifications submitted by or through the Architect and for their compliance with all applicable codes, ordinances, regulations, laws and statutes Page 2 Vol. —0— Pg. 2�—s 3.06 The Architect's evaluations of the preliminary estimates of construction cost and detailed drawings, prepared by the Architect shall represent the Architect's best judgment as a design professional familiar with the construction industry. ARTICLE IV Schematic Design 4.01 Upon the Architect's approval from Commissioner's Court and receipt of a letter of authorization to commence the Schematic Phase, the Architect shall meet with each department of the County that is included in the design or re -design for the purpose of determining the nature of the Project. The Architect shall use the County's Long Range Planning documents to assist in space requirements. The County shall designate a representative to act as the contact person on behalf of the County. 4.02 The Architect shall determine the County's needs with regard to the Project, including, but not limited to, tests, analyses, reports, site evaluations, needs surveys, comparisons. The Architect shall prepare a detailed design phase schedule which includes all review and approval periods during the schematic design, design development and construction document phases. 4.03 The Architect shall prepare a conceptual design that shall include schematic layouts, surveys, sketches and exhibits demonstrating the considerations involved in the Project. The conceptual design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. Upon the County's request, the Architect shall meet with the Commissioner's Court or appointed Committee to make a presentation of his or her report. ARTICLE V Design Development 5.01 The County shall direct the Architect to commence work on the Design Development Phase by the approval of the Commissioner's Court or its designee. The Architect shall meet with the County for the purpose of determining the extent of any revisions to the Schematic Design. Authorization by the County to commence Design Development signifies an acceptance of the Schematic Design and its associated scope. Revisions to the scope of the Project requested .b'y the county after such time shall require an adjustment to any or all of the following: budget, schedule; and design fees. 5.02 The Architect shall prepare the preliminary design of the Project, including, but not limited to, the preliminary drawings and specifications and other documents to fix Page 3 +r � and describe the character of the Project as to architectural., structural, mechanical and electrical " systems, materials and such other elements as may be appropriate. The Architect shall submit to the County a detailed design and estimate of the construction costs. of the Project, based on current area, volume, or other unit costs. 5.03 Upon completion of the Design Development Phase of the Project, the Architect shall meet with approved committee for Brazos County and make a presentation of the preliminary design of the Project. The Architect shall provide an explanation of the Design Development and cost estimate and shall verify that, to the best of Architect's belief, the Project requirements and construction can be completed within the project budget and schedule. ARTICLE VI Construction Documents 6.01 The County Commissioners Court or its designee shall direct the Architect to commence work on the Construction Documents phase.of the Project by sending to the Architect a "letter of authorization" to begin work on the Construction Documents phase of the Project. Upon receipt of the Letter of Authorization to proceed with the Construction Documents phase of the Project, the Architect shall immediately prepare the Construction Documents, including, but not limited to, the bid documents, contract, drawings, and specifications, to fix and describe the size and character of the Project as to structural, mechanical, and electrical systems, materials, and such other elements as may be appropriate. The final design of the Project shall comply with all applicable laws, statutes, ordinances, codes and regulations. Revisions to the scope of the Project requested by the county after such time shall require an adjustment to any..or all of the following: -budget, schedule, and design fees. 6.02 Upon approval of the Construction Documents, the Architect shall provide its professional opinion that the final design shall be sufficient and adequate to. fulfill the purposes of the Project. 6:03 The Architect shall assist the County Purchasing Department to obtain bids ;�' for the completion of the construction' Project. The Architect hereby agrees that no changes, modifications, supplementations, alterations, or deletions will be made to the Project unless warranted by necessity and approved by the Commissioner's Court or its designee. 6.04 The Architect shall provide the County, in sufficient quantity and media, with complete Contract documents sufficient to be advertised for bids by the County. Electronic copies in adobe portable document format are included as part of this contract. Tile cost of all printed media requested by the county for -'bidding or Page 4 Vol. pg, a construction purposes shall be billed as a direct reimbursable with a 10% (ten percent) coordination mark up. The Contract documents shall include the design and specifications and other changes that are required to fulfill the purpose of the Project. Upon completion of the final design of they Project, with the submission of the complete 'Contract documents; and upon request of the County, the Architect shall meet with the approved Construction Committee for Brazos County and/or the Commissioner's Court to present -the final design of the Project. The Architect shall provide an explanation of the final design and cost estimate. ARTICLE VII RFP Preparations, Bidding & Evaluation 7.01 The Architect shall assist the County in advertising for and obtaining bids or negotiating proposals for the construction of the Project. Upon request, the Architect shall meet with the approved Committee and/or the Commissioner's Court to present and make recommendations on the bids submitted for the construction of the Project. 7.02 The Architect shall review the construction Contractors' bids, including subcontractors, suppliers, and other persons required for completion of the Project. The Architect shall evaluate each bid and provide these evaluations to the County along with a• recommendation on each bid. If the lowest bid for the construction of the Project exceeds the final cost estimate set forth in the final design of the Project, then the Architect, at his -sole cost and expense, shall revise the construction documents so that the total construction costs of the Project will not exceed the final - cost estimate �. contained in the final design of the Project Revisions to the plans shall derive from a revision to the scope or budget approved by the County. 7.03 Where substitutions are requested by a construction contractor, the Architect shall .review the substitution requested and approve or disapprove such substitutions only after such recommendation by the Architect is approved by the County. ARTICLE VIII Construction Administration 8.01 The 'Architect shall be a representative of, and shall advise and consult with, the County (1) during construction, and (2) at the County's direction from time to time during the correction, or warranty, period described in the construction contract ("Construction Administration"). The Architect shall have authority to act. on behalf of the County only to the extent provided in this Agreement unless modified by written instrument. Page 5 Vol. pg, 8.02 The Architect shall make visits to the site, with a frequency appropriate to the scope of the Project, to observe the progress and quality of the executed work of the construction- contractor and his subcontractors and to determine if such work is proceeding in general in accordance*with the Contract documents. The Architect shall periodically review the as -built drawings, produced under a separate contract, for accuracy and completeness, and shall report their findings to the County. 8.03 The Architect shall keep the County informed of the progress and quality of the work by meeting regularly at agreed to times and dates with the approved County Committee. The Architect shall exercise the normal and customary standard of care and diligence in discovering and promptly reporting to the County any defects or deficiencies in such work and shall disapprove or reject any work failing to conform to the Contract documents. 8.04 The Architect shall review and approve shop drawings and samples, the results of tests and inspections, and other data that each construction contractor or subcontractor is required to provide. The Architect's review and approval shall include a determination of whether the work complies with all applicable laws, statutes, ordinances and codes and a determination of whether the work, when completed, will be in compliance with the requirements of the Contract documents. 8.05 The Architect shall determine the acceptability of substitute materials and equipment that may be proposed by construction contractors or subcontractors. The Architect shall also receive and review maintenance and operating instruction manuals, schedules, guarantees, and certificates of inspection, which are to be assembled by the construction contractor in accordance with the contract documents. 8.06 The Architect shall issue all instructions of the County to the construction contractor as well as interpretations and clarifications of the contract documents pertaining to the performance of the work. The Architect shall interpret the contract documents and judge the performance by the contractor constructing the Project, and the Architect shall, within a reasonable time, render such interpretations and clarifications as deemed necessary for the proper execution and progress of the Work. The Architect shall receive no additional compensation for providing clarification of the Drawings and Specifications. 8.07 The Architect shall review the amounts owed to the construction contractor and recommend to the County, in writing, payments to the construction contractor of such amounts. The Architect's recommendation of - payment, being based, upon the Architect's on-site inspections and experience and qualifications as a design professional, shall constitute a recommendation by the Architect to the County that the quality of such work is in accordance with the Contract documents and that the work has progressed to the point reflected in Architect's recommendation for payment. Page 6 Vol. " -/-.)s Pg.. 8.08 Upon notification from the construction contractor that the Project is substantially complete, the Architect shall conduct a review of the site to determine if the Project is substantially complete. The Architect shall review and amend a checklist of items, prepared by the contractor, that shall be completed prior to final 'acceptance. Upon notification by the construction contractor that the checklist items designated by the Architect for completion have been completed, the Architect shall inspect the Project to verify final completion. 8.09 The Architect shall not be responsible for the work of the construction contractor or any of the subcontractors, except that the Architect shall be responsible for the construction contractor's schedules or failure to carry out the work in accordance with the Contract documents if such failures result from the- Architect's negligent acts or omissions. This provision shall not alter the Architect's duties to the County arising from the perforriiance of the Architect's obligations under this Contract. 8.10 The Architect shall conduct at least one on-site review during the warranty period and shall report to the County as to the continued acceptability of the work. 8.11 The Architect shall not execute change orders on behalf of the County or otherwise alter the financial scope of the Project without advance, written authorization from the County. 8.12 The Architect shall perform all of his or her duties under this Article VIII so as to not cause any delay in the progress of construction of the Project. 8.18 The Architect shall assist the construction contractor and County in obtaining an Occupancy Permit by accompanying governing officials during inspections of the Project if -requested to do so by'the County. ARTICLE IX Change Orders & Documents & Materials 9.01 No changes shall be made, nor will invoices for changes, alterations, modifications, deviations, or extra work or services be recognized or paid except upon the prior written order from authorized personnel of the County. The Architect shall not execute change orders on behalf of the County or otherwise alter the financial scope of the Project. 9.02 Written change orders must be approved by Commissioner's Court if the amount owed to Architect or Contractor changes. Change Orders that do not alter the approved budget shall be approved by the committee appointed by Commissioner's Court. Any request by the Architect for an increase in the Scope of Services QPage 7 Vol.. U Pg. or an increase in the amount listed in paragraph 2.01 of this Contract shall be made and approved by the County Commissioners prior to the Architect providing such services or the right to payment for such additional services shall be waived. If there is a dispute between the Architect and the County respecting any service provided or to be provided hereunder by the Architect, including a dispute as to whether such service in addition to the Scope of Services included in this Contract, the Architect agrees to continue providing on a timely basis services to be provided by the Architect hereunder, including -any service -as to which there is a dispute. 9.03 The Architect shall furnish the County electronic plans and specifications in PDF format. It is hereby agreed that additional copies shall be provided to the County at the County's expense as outlined in Article VI, Section 6.04. The Architect shall provide copies of documents, PDF and image files if available, surveys, notes, and tracings used or prepared by the Architect. Building Information Models generated, maintained and used by the Architect shall remain the sole property of the Architect. The Architect shall also furnish one set of digital image files representing the final as - designed files as prepared under separate contract. 9.04 The Architect shall prepare Change Orders and Construction Change Directives for the County's approval and execution in accordance with the Contract Documents. The Architect may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added., deleted or modified. 9.04.1 The Architect shall review properly prepared timely requests by the County or Contractor for changes in the work, including adjustments. These requests shall be accompanied by sufficient supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the Architect determines that requested changes in the work are not materially different from the requirements of the Contract Documents, the Architect may issue an order for a Minor Change in the Work or deny the request. 9.04.2 If *the Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the Architect shall make a recommendation to the County, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor,' if any, the Architect shall estimate the additional cost and time that might result from such change including any additional costs attributable to a changes in services of the Architect. ,,te�nn QQ Page 8 Vol. _ pg. .L Upon the County's approval, the Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the County's execution or negotiation with the Contractor. 9.04.3 The Architect shall maintain records relative to changes in the work. ARTICLE X Project Completion 10.01 The Architect shall conduct inspections to determine the date or dates of substantial completion and the date of final completion, shall receive from the Contractor and forward to the County's review and records, written warranties and related documents required by the Contract documents and assembled by the Contractor, and shall issue a final certificate for Payment based upon a final inspection indicating the work complies with the requirements of the Contract document. 10.02 The Architect's inspection shall be conducted with the County's representative for the conformance of the work with the requirements of the contract documents and to verify the accuracy and completeness of the list submitted by the Contractor of work to be completed or corrected. 10.03 When the work is found to be substantially complete, the Architect shall inform the County about the balance of the contract sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the work. 10.04 The Architect shall receive from the Contractor and forward to the County: (1) consent of surety or sureties, if any to reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens. ARTICLE XI Indemnification & Release 11.01 The Architect shall perform its services consistent with the professional skill and care `ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and. -the orderly progress of the Project and as outlined within this agreement. 11.02 The Architect shall promptly correct any defective designs or specifications furnished by the Architect at no cost to the County. The County's approval, acceptance, use of, or payment for, all or any part of the Architect's services Page 9 Vol. Pg. o� ND hereunder or of the Project itself shall in no way alter the Architect's obligations or the County's rights hereunder. 11.03 In all activities or services performed hereunder, the Architect shall be deemed an independent contractor, and not an agent or employee of the County. The Architect and his or her employees are not the agents, servants, or employees of the. County. As an independent contractor, the Arch'ite'ct shall be responsible for the professional services and the final work product contemplated under this Contract. Except for materials furnished by the County, the Architect shall supply all materials, equipment, and labor required for the professional services to be provided under this Contract. 11.04 The Architect must at all times exercise reasonable precautions on behalf of, and be solely responsible for, the safety of his or her employees for the Project. 11.05 Indemnity/ Comparative Negligence; The Architect shall indemnify the County only to the extent of the liability that was caused by the Architect. To the fullest extent by law, the Architect agrees to and shall indemnify, hold harmless, and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability, of every kind including all expenses of litigation, court costs, and attorney's fees for injury to or death of any person, for damages to any property, or for any breach of contract, arising out of or in connection with the work done by the Architect under this Contract, provided and only to the extent that any such claim, loss, damage, cause of action, suit, or liability is caused in whole or in part by an act or omission of the Architect. ARTICLE XII Insurance 12.01 The Architect shall procure and maintain required insurance at his or her sole cost and expenses for the duration of this Agreement and according to the minimum standards as set out in "Exhibit C." ARTICLE XIII Use of Drawings, Specifications and Other Documents 13.01 Copies of the drawings, specifications and other documents prepared by the Architect for this Project shall become the property of the County whether or not the Project is completed. The County shall be- furnished and permitted to retain `; reproducible copies and electronic versions of Architect's drawings, specifications and other documents. �.,�.. Page 10 vC4. pg. 13.02 The documents prepared by the Architect may be used as a prototype for other facilities by the County. The County may elect to use the Architect to perform the site adaptation and other architectural services involved in reuse of the prototype. If so, the Architect may elect to perform the work for an additional compensation that will equitably compensate the Architect and required consultants only for the additional work involved. It is reasonable to expect that the equitable additional compensation will be significantly less than the fee provided for under this Contract. 13.03 In the event of termination of this Agreement for any reason, the County shall receive all original documents prepared to the date of termination and shall have the right to use those documents and any reproductions in any way necessary`'to complete the Project. 13,04 Only the details of the drawings relating to this Project may be used by the Architect on other projects, but they shall not be used as a whole without written authorization by the County. The County's furnished forms, conditions, and other written documents shall not be used on other projects by the Architect. ARTICLE XIV Termination 14.01 The County may terminate the Architect at any time upon thirty (30) calendar day's written notice. Upon the Architect's receipt of such notice, the Architect shall cease work immediately. The Architect shall be compensated for the services satisfactorily performed prior to the termination date. 14.02 If, through any cause, the Architect fails to fulfill his or her obligations under this Contract, or if the Architect violates any of the agreements of this Contract, the County has the right to terminate this Contract by giving the Architect five (5) calendar days written notice to the Architect. The Architect will be compensated for the services satisfactorily performed before the termination date. 14.03 No term or provision of this Contract shall be construed to relieve the Architect of liability to the County for damages sustained by the County because of any breach of contract and/or negligence of the Architect. ARTICLE XV Miscellaneous Terms 15.01 This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. Page 11 !Vol. �� Pg. a� a 15.02 Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: County of Brazos Attn: Wm. Charles Wendt, Purchasing Agent 200 South Texas Ave., Suite 352 Bryan, TX 77803 Architect: TreanorHL, P.A, 1700 Pacific Ave., Ste. 2630 Dallas, TX 75201 15.03 No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 15.04 This Contract represents the entire and integrated agreement between the County and the Architect and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. 15.05 This Contract and all rights and obligations contained herein, may not be assigned by the Contractor without the prior written approval of the County. 15.06 If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 15.07 The Architect and his or her employees must comply with all applicable federal and state laws and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Architect must obtain all necessary permits and licenses required for the completion of the Architect's work as outlined in this contract. 15:08 The Architect acknowledges that he or she has read, understood, and intend to be bound by the terms and conditions of this Contract. Page 12 v�. 3�8 Pg. 15.09 This Contract will be effective when signed by the Architect and approved and signed by Commissioner's Court. 15.10 Notice of Indemnification. County and Architect hereby acknowledge and agree that this Contract contains certain indemnification obligations and covenants. Date: Architect: Treanor , Signature:. Brazos County Brazos ounty Ju e: ters Signature: n 2 f Date: / © Page 13 Vol. SLO O Pg. �0 Exhibit "A" Scope of Services It is Brazos County's intent that the Architect will be involved for the full duration of the design development, preparation of construction, bidding documents, and construction administration of the Project. The scope of services shall include the renovation of and an addition to the Brazos County Juvenile Detention Center located at 1904 West State Highway 21, Bryan, Texas. The existing detention center is an approximately 43,600 gsf facility and currently houses up to 44 juveniles in four housing pods ((2) 12 -person pods and (2) 10 -person pods. It is the goal of this project to increase the housing capacity and provide the appropriate support spaces for the additional residents. A previously completed masterplan, completed in August 2016, has developed a preliminary program of spaces and concept plan. This scope of services shall include the implementation of the phase one scope identified in this master plan and detailed below. The phase one scope provides 44 additional beds in (4) 8 -person housing units and (2) 6 -person special population housing units. Additional programmed spaces are included for a new intake area, additional classroom and program areas, added office areas, and renovated kitchen and storage and receiving area. The Phase One Program is as follows: Pre -Adjudicated Housing 16,876 gsf Special Population Housing 5,508 gsf Intake and Medical 5,290 gsf Pre -Adjudicated Classrooms and Program Space 2,768.gsf Pre -Adjudicated Classrooms Renovation 2,600 'gsf Renovation for Staff and Program Support Spaces 8,557 gsf New Juvenile Offices 1,134 gsf TOTAL NEW CONSTRUCTION 31,576 -gsf TOTAL RENOVATON 11 157 osf GRAND TOTAL 42,733 gsf As a bid alternate, the scope of services shall include a new, free-standing Juvenile Justice Alternative Educational Program (JJAEP.) school. This has bene programmed at 7,475 square feet. The scope shall include the necessary site, parking and access drive improvements associated with the above building scope. The estimated project budget is $18,000,000.00. The estimated construction budget is approximately $15,100,000 and shall be further defined through this scope of service. L Exhibit "B" Payment Terms Compensation is based on an agreed fee, as outlined in the contract dated September 16, 2015. The County will reimburse the Architect for actual, non -salary expenses at the Architect's actual costs with a not to exceed number of 7.5% of the cost of construction including any design alternates. Architect shall include his fees for adding any of the alternates and any accepted fees will be added. Unless amended by a duly authorized written change order, the total payment for all invoices on this job, including both salary and non -salary expenses, shall not exceed the amount agreed upon. The compensation shall be divided proportionally as follows: Schematic Design: 15% Design Development: 20% Construction Documents: 35% Bidding: 5% Construction Administration: 25% The County will reimburse t Architect's actual costs or as reimburse Architect and its performing these services and Vendor Travel Policy. ie Architect for actual, non -salary expenses at the outlined within this agreement. The County will also consultants for travel expenses directly related to be compensated based upon the attached Exhibit "D", The Architect must submit monthly invoices to the County, accompanied by an explanation of charges, professional fees, services, and expenses. Normal payment terms are no later than thirty (30) calendar days after the Auditor's office receives the invoice. Payments will be made after approval at a regular scheduled meeting of the Brazos County Commissioner's Court. The Brazos County Commissioner's Court normally meets every Tuesday of each month. Page 16 Vol. 308 Pg. C_ Exhibit "C" PROFESSIONAL SERVICES INSURANCE REQUIREMENTS Before commencing work, the successful firm shall be required, at his own expense, to furnish Brazos County Purchasing Department with evidence showing insurance coverage, meeting the minimum levels set forth below, to be in force throughout the term of the contract: The following listed Insurance Requirements are considered the "Minimum" for any Contractor / Professional Service Provider to work on behalf of BRAZOS COUNTY 1) Commercial General Liability General Liability with a minimum limit of General Aggregate limit shall apply per project Products-Comp/Ops Aggregate Personal Injury & Adv. Liability 2) Automobile Liability Owned/Non-Owned and Hired 3) Workers Compensation Coverage & Employers Liability w/waiver of subrogation 4) Umbrella 1 Excess Liability 5) Architect's Professional Liability (E & O) $1,000,000 per occur $2,000,000 $1,000,000 $1,000,000 $1,000,000 Statutory $1,000,000 $1,000,000 (Minimum) $1,000,000 (Minimum) 6) Additional Requirements: a. Additional Insured: The General Liability and Umbrella/Excess Liability Insurance Programs will be endorsed to add the following as Additional Insured: Brazos County (ISO Policy Endorsements CG 20 10 or equivalent). b. Additional Insured: The Auto Liability Insurance Program will be endorsed to add the following as Additional Insured: Brazos County c. Waiver of Subrogation: All Insurance Programs including Professional will be endorsed to provide a Waiver of Subrogation in favor of: Brazos County. d. Subcontractor's General Liability, Auto Liability and Umbrella/Excess Liability Insurance Programs will be endorsed as "Primary" to that of the General Contractor and Brazos County. Page 17 =-222— Vd. r.. e. Subcontractor will be responsible for the "Same" Insurance Compliance of other Contractors I Professional Services Providers hired by the General Contractor. f. All Insurance Programs are to be endorsed to provide a 30 -Day Notice of Cancellation to the Certificate Holder. g. Subcontractor's General Liability and Umbrella Insurance Program are to be endorsed with the Aggregate Per Project Endorsement. h. An "Original Certificate" of Insurance will evidence compliance with the Insurance Requirements. i. It will be the Subcontractor's responsibility to insure their owned or rented tools and equipment required for this project. j. Insurance Carrier's AM Best's Rated A-7 or better and licensed to do business in the State of Texas. Before commencing work, the successful firm shall be required, at his own expense, to furnish Brazos County Purchasing Department with evidence showing insurance coverage, meeting the minimum levels set forth below, to be in force throughout the term of the contract: Please state the limits of each policy you have in effect: A. Architect's Professional Liability (E & O) with a minimum limit of $ 1,000,000. B. General Liability with a minimum limit of $1,000,000 per occurrence and $2,000,000 general aggregate. General aggregate limit shall apply per project. C. Auto Liability with a combined limit of $1,000,000. D. Statutory Worker's Compensation with waiver of subrogation. All insurance shall be occurrence form only. The proof of insurance shall be made on an Accord 25 form and the form shall have an original signature of an authorized representative, not the agent. Description of operations shall include the name of the project. Brazos Courity is to be named as additional insured on Comprehensive Coverage. The Architect agrees to indemnify, defend and hold harmless the County, it's employees, and agents from and against any loss damage. Each insurance policy to be furnished by the successful party shall include, by endorsement to the policy, a statement that a notice shall be given to Brazos County by certified mail thirty (30) days prior to cancellation or upon any material change in coverage. Page 18 vol. 8 pg. ' Qj The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The Contractor's insurance coverage shall be primary insurance with respect to the County, its officials, employees and volunteers. Any insurance or self- insurance maintained by the County, its officials, employees or volunteers shall be considered in excess of the Contractor's insurance and shall not contribute to it. Further, the Contractor shall include all subcontractors as additional insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the County's Representative and approved by the County before work commences. 1. GENERAL REQUIREMENTS APPLICABLE TO ALL POLICIES a. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. b. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only, C. "Claims Made" policies will not be accepted. d. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Brazos County. e. Upon request, certified copies of all insurance policies shall be furnished to Brazos County. A. Definitions: Certificate of coverage Ocertificate') - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Worker's Compensation Commission, or a coverage agreement )TWCC-81), TWCC-83, or TWCC-84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the groiect "subcontractors" in section 406.096 tof the Texas Labor Code}) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity or employees of any entity which furnishes persons to provide services on the project. "Services" include, without Page 19 Vol. ME. Pg. 2u limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on the proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. It the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file providing services on the project, and certificates of coverage showing coverage for all person; and (2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 6. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, that meets the statutory Page 20 Vol. 29S pg. OO requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project, (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (4) obtain from each other person with whom it contracts, and provide to the Contractor. (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to c• the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project,- (5) roject; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person know or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (a) -(g), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier, or, in the case of a self-insured, with the commission's Division of Self --Insurance regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 2. CERTIFICATES OF INSURANCE shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: Page 21 Vol. OS pg.� a. The company is licensed and admitted to do business in 'the State of Texas. b. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. C. All endorsements and insurance coverage according to requirements and instructions contained herein. d. The form of the notice of cancellation, termination, or change in coverage provisions to Brazos County. e. Original endorsements affecting coverage required by the section shall be furnished with the certificates of insurance. Brazos County is to be named as additional insured on Comprehensive Coverage. The Architect agrees to indemnify, defend and hold harmless the County, it's employees, and agents from and against any loss damage. ------ Page 22 VOL 30 pg. Exhibit "D" POLICY AND -PROCEDURES FOR VENDOR TRAVEL AND REIMBURSEMENT BRAZOS COUNTY, TEXAS A. GENERAL DEFINITIONS 1. Accountable Plan - a plan under which a vendor is reimbursed for expenses or receives an allowance to cover expenses. The following four conditions must be satisfied: a. There must be a Brazos County business purpose for the expenses, b: The vendor must clearly state and properly support that there was a business purpose for the expense, c. The vendor must substantiate that the expense was incurred by providing documentation or be deemed to have documented the reimbursed expenses, and, d. The vendor is required to return to the County any amounts received in excess of documented expenses. 2. Actual Expenses - the actual cost of any allowable travel expenses supported by proper receipts and/or statements. 3. Auditor - the County Auditor and/or his designated staff. 4. Official County Business - a business function performed for Brazos County due to a contractual obligation. 5. Duty Station - the primary place of employment. _ 6. Travel Expenses - transportation (airline fares, personal auto, public transportation, parking, and taxi), meals, lodging, and incidental expenses associated with traveling while working on County business. 7. Incidental Expense - a necessary and reasonable expense incurred by a County vendor while traveling on official County business. This does not include transportation, meals, lodging, tips, gratuities, alcoholic beverages, laundry, or in -room video rental. 8. Mileage - the distance from a duty station to a destination. As noted in the following. procedure, the County will reimburse mileage based on an internet mapping service such as mapquest.com, yahoomaps.com or googlemaps.com. Page 23 Vol. 1343 Pg. 3o 3 �,. 9. Mileage Rate - the rate of reimbursement established by the Commissioners' Court in December of each calendar year for use of a personal or company automobile while on County business. 10. Meal Expense — limited to $36.00 a day for meals, if a vendor is away from their duty station overnight. 11. Vendor — person or entity that is not an employee of Brazos County. Includes all persons performing work for a contract with Brazos County whether as a sole proprietor or an employee of a corporation. B. General Policy Statement All reasonable and necessary travel by a vendor for which a contract budget has been established, and for which the travel is required in order for the vendor to conduct County business is authorized. All County reimbursed travel must be for official County business only. it is the responsibility of the vendor to see that all travel expense forms are properly completed, documented, signed and forwarded to the County Auditor's office within thirty (30) calendar days of the travel return date or by the next monthly billing date. C. Meals Meal reimbursement will be made when the vendor is required to travel away from their primary duty station to perform a contractual obligation for Brazos County. The reimbursement will be based on the detailed, itemized receipt, up to the maximum per meal as listed below. Summary credit card receipts or statements are not acceptable and will not suffice as proper documentation and will not be eligible for reimbursement by the County. 1. Meals will be reimbursed at the amounts listed, taxes included: Breakfast $ 8.00 Lunch $ 10.00 Dinner $ 18.00 2. The County will not reimburse a vendor for more than $36.00 per day for meals. Meal reimbursement will not be provided to a vendor who is less than seventy five (75) miles away from their duty station unless the vendor is away overnight. D. Mileage R -S The County will reimburse a vendor for mileage only for appropriate County business. Mileage reimbursement will be made based on the duty station address to specific destination address as documented by using an internet mapping service such as mapquest.com, yahoomaps.com or googlemaps.com, at the existing reimbursement rate set by Commissioners' Court. This rate is $.54 per mile for calendar year 2016. Page 24 Vol. Pg. E. Lodging The County will reimburse the vendor for the actual cost of lodging expenses incurred, not to exceed the rate used by the State of Texas for the location, excluding taxes, while traveling to fulfill a contractual obligation for Brazos County. The County will only be responsible for the amount allowed for the destination set by the State of Texas. If the room charge is greater than allowed,the vendor should be prepared to be responsible for the difference. The State of Texas follows the U.S. General Services Administration per diem rates by location. Rates are set by fiscal year, effective October i each year. The rates can be found by searching by city or zip code at this website: httpJ/www.gsa.gov/portal/Category/I 00120. `The County will reimburse for self parking at any rate with receipts. Valet parking will be reimbursed if it is the only parking available and is documented as such by the hotel. In the event self parking and valet parking are available and the vendor chooses to use valet parking the County will only reimburse up to the rate equal to the self parking rate. Vendors who incur lodging charges defined as unacceptable for reimbursement are responsible for these payments. These charges are to be accounted for and payment rendered to the facility by the vendor at check out. If any of these charges are billed directly to- the County by a lodging facility, the vendor will be responsible for remitting reimbursement to the County Treasurer. The County will not pay for room service laundry fees, alcohol, videos or movies, or any other miscellaneous fees. These are the sole responsibility of the vendor. r F. AIR FARE and CAR RENTALS AI I vendors are required to travel by the least expensive mode of travel. The vendor should evaluate whether travel by airplane to the destination point is cheaper than'traveling by other means. The County will only reimburse for the least expensive mode of travel, unless the vendor can show good cause for using another mode. When the final destination is over 350 miles air travel should be considered. Car Rentals should only be utilized when required for the vendor to fully carry out their official business. Taxi cabs, buses, and hotel shuttle services are usually less expensive than car rentals. The County will not reimburse for expenses incurred for personal reasons. The County will not reimburse for first class travel. The County will only reimburse for necessary car rental at the sedan rate (no luxury cars) and necessary gasoline for the rental with receipts. The County will not reimburse for mileage on a rental car. G. MISCELLANEOUS The vendor needs to be aware that a credit card receipt is not documentation for an expenditure. All requests for reimbursements and/or requests for the County to pay for a travel related expenditure must be supported by documentation. It is the vendor's Page 25 Vol.jig": -r responsibility to secure the documentation at the time of expenditure. In the event that no documentation is secured, a certification as to the expenditure is not sufficient to support reimbursement. Some form of contemporaneous record must be received from the vendor. Page 26 Vol. Fig PO Box 1889 Collier Brenham, TX 77834-1889 GEN•ERALCONTRACTORS Ph. 979-836-4477 CONSTRUCTION MANAGERS Fx.979-836-4940 January 8, 2020 Brazos County Purchasing Office Brazos County Administration Building 200 South Texas Ave., Ste. 352 Bryan, Texas 77803 Attn: Charles Wendt RE: Best and Final Offer (CIP 20-580) Brazos County Jail Kitchen Expansion Dear Charles, In our Best and Final Offer dated January 8, 2020; to the Brazos County Jail Kitchen Expansion in Section 1. the Total Price $3,947,000. In words the Total Price is intended to be three million nine Hundred. forty seven thousand dollars. If you have any questions or need any further clarification, please contact me at your convenience. Sincerely, like Collier, President Collier Construction, LLC SUNGARD PENTAMATION DATE: 01/09/2020 BRAZOS COUNTY, TX TIME: 08:19:38 BATCH JOURNAL ENTRY EDIT LIST CONTROL NUMBER J E NUMBER DESCRIPTION PERIOD/YR STATUS RECORD FUND DIV/FUND ACCOUNT PROJECT ACCOUNT ITEM DESCRIPTION 01 -14 -cc 010007 J STOREMSKx 12.16.18 4/20 COMPLETE 389443 0100 31000100 61801000 LCOMM200 61801000 J STOREMSKI 12.16.18 389444 0100 0100 20115240 J STOREMSKI 12.16.18 TOTAL JOURNAL ENTRY 01 -14 -CC 010008 JAN20 HEALTH DEPT 4/20 COMPLETE 389445 0100 11002000 73510000 JAN20 HEALTH DEPT 389446 0100 0100 11005200 JANZO HEALTH DEPT 389447 9100 9100 11005200 JAN20 HEALTH DEPT 389448 9100 9100 43041200 3AN20 HEALTH DEPT TOTAL JOURNAL ENTRY 01 -14 -CC 010009 K WILLIAMS 12.17.19. 4/20 COMPLETE 389449 0100 0100 20112350 K WILLIAMS 12.17.19. 389450 0100 • 28004000 61801000 K WILLIAMS 12.17.19. TOTAL JOURNAL ENTRY 01 -14 -CC 010010 P MORALES 12.16.18.1 4/20 COMPLETE 389451 0100 31000100 61801000 LCOMM200 61801000 P MORALES 12.16.18.1 389452 0100 0100 20297700 P MORALES 12.16.18.1 TOTAL JOURNAL ENTRY 01 -14 -CC 010011 5 CALZADA 12.16.18.1 4/20 COMPLETE 389453 0100 31000100 61601000 LCOMM200 61801000 S CALZADA 12.16.18.1 389454 0100 0100 20118980 S CALZADA 12.16.18.1 TOTAL JOURNAL ENTRY TOTAL CONTROL NUMBER TOTAL REPORT PAGE NUMBER: 83OURNII DEBIT AMOUNT CREDIT AMOUNT 602.83 602.83 602.83 602.83 36,214.33 36,214.33 36,214.33 602.83 36,214.33 72,428.66 72,428.65 368.00 368.00 368.00 368.00 602.83 602.83 602.83 602.83 602.83 602.83 602.83 602.83 74,605.15 74,605.15 74,605.15 74,605.15 1 RO D Duane Peters ate County Judge BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2019-2020 BUDGET YEAR NO. 19/20 15.1 On this the 14th day of January 2020 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 14th day of January 2020 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 auloriaed, -as described -on the'atfached page(s): ADOPTED AND APPROVED this the 14th day of January 2020. THE CONMUSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget I !. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19/20 -15.1 1/14/2020 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Health & Life Fund Group Insurance - Administration Contractual Services 1,265.00 Health & Life Fund Group Insurance - Administration Departmental Support 1.265.00 _...._ ........ ... _..._............... -.... _...._... _ ... FUND DIV ACCT DRICR ACCOUNTNAME Increase Decrease 5000 64005000 71110100 CR Transitional Reinsurance 1265.00 5000 64005000 61040000 DR Awards and Recognitions 1,265.00 Health & Life Fund Reallocation of funds to the appropriate departments account to cover the cost of 23 Healthy County Gift Cards that TAC disbursed to those who fulfilled 3 out of 4 Sonic Boom Challenges. Each a card was in the amount of 550, with a $5 administration fee per card. H a5„g�,.0 ig -. ' ::.� _...._ ........ ... _..._............... -.... _...._... _ ... FUND DIV ACCT DRICR ACCOUNTNAME Increase Decrease 5000 64005000 71110100 CR Transitional Reinsurance 1265.00 5000 64005000 61040000 DR Awards and Recognitions 1,265.00 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 14 January, 2020 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Requests) Applies To Sheriffs Office Kibodeaux, Billy Separation Kirk, James Separation Winn, Jim Separation Turner, Lapeatrice Employment Hewitt, Rhoda Change of Status Bradley, Lawonder Change of Status Sheriffs Office — Jail Medical Rosiu-Barker, Alicia Separation District Clerk Wise, Kelcie Change of Status Treasurer's Office Grimes, Wanda Change of Status JP Pct. 1 Hudson, Amber Change of Status Juvenile Detention Hampton, Shelbie Rae Separation District Attorney Kirk, Charlie Separation County Judge Spiller, Nichole Separation Approved in Commissioners' Court. 14 January, 2020: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. ,� pg. 311