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2020-03-10 10:00AM REGULAR MEETING
BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT N72 'I AR -b A, 10: 49 il l ii a 1, iL!ti!�w fl`! x17!1 THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON MARCH 10, 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 Berry 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-22 3. Proclamation 20-023 Community Wildfire Protection Plan. 4. Proclamations 20-024 -20-026 - Community Foundation Tribute recognizing the following individuals for their outstanding service to the community. • a. Denise Fries • b. Sue Lee • c. Timothy N. Bryan 5. Resolution 20-007 authorizing the submission of a grant application for Brazos County. Specialty Court. 6. Approval of Order 20-003 exempting the Professional Services Contract with Bickersatff, Heath, Delgado, Acosta, LLP from competitive solicitation pursuant to the Texas Local Government Code 262.024 (a) (4). 7. Approval of the following job description: • a. Temporary Attendant, Building & Grounds (1040 hrs.) (Class Code 832, Position 11) for Exposition Complex 8. Request from the Information Technology Department to accept donated property from Dell Technologies. Dell has provided Brazos County a Latitude 7220 Rugged Tablet vol. , �►a Pg.� through the "Keep It" program. 9. Request from the Health and Wellness Clinic to accept the following donations to be awarded as prizes for raffles and contests held by the Wellness Clinic. • a. Chuys Meal Gift Card for two - Value of $45.00 • b. Two (2) tickets to TAMU vs. UT Arlington Baseball - Value of $16.00 10. Request from the Expo for the following personnel changes with an effective date of March 21, 2020. The following changes will have a decrease to the FY 20 Expo budget in the amount of $108.00. • a. Increase Facility Operations Assistant, Class Code 0831 Position 3, Group 12 Step 5 to Group 12 Step 6, Pay Code 014 • b. Decrease Lead Operations Assistant, Class Code 0834 Position 1, Group 14 Step 9 to Group 14 Step 8, Pay Code 014 11. Permission to advertise RFQ #20-094 for the Transportation Program Development and Strategic Planning. 12. Renewal of Contract 20-107R for Transportation of Deceased and Pauper Cremation Services with Hillier Funeral Home. 13. Renewal of Agreement 20-120R for Actuarial Services with Gabriel, Roeder, Smith & Company. 14. Approval of the following committee for the evaluation of proposals for RFP #CI P 20- 590, A new building for Brazos County Texas A&M AgriLlfe Extension Office: • a. Gary Arnold • b. Bill Hadley • c. Irene Jett • d. Dusty Tittle • e. Arkitex Studio Representative • f. Purchasing (Non -Voting) • g. Legal (Non -Voting) 15. Permission to advertise RFP #CI P 20-590 -A New Building for Brazos County Texas A & M Agril-ife Extension Office. 16. Approval of Service Contract #CI P 20-634 Bathrooms for Boonville Heritage Park from the Buyboard Contract #592-19 for $121,799.00. 17. Acceptance of Special Warranty Deed from the William E. Kutzschbach Trust and George Frank Kutzschbach, as Independent Executor of the Estate of Ruth Davis Kutzschbach, Deceased for 0.379 of one acre for new right of way and 0.505 of one acre for a Temporary Easement to be used for improvements to Rye Loop in Precinct 4. 18. Expenditure Journal Entries • FY19/20 030005 - 030007 19. Tax Refund Applications for the following: • a. Paul David Mason, Jr. & Beverly Mason - Overpayment $52.58 • b. Wells Fargo Real Estate Tax Service - Overpayment $212.27 • c. Dillard Shane - Overpayment $246.00 • d. Christopher & Tammy Lacey - Overpayment $80.60 • e. Affordable Mobile Homes - Overpayment $267.93 • f. Hawkwood Energy Operating LLC - Overpayment $22.62 20. Budget Amendments. Vol. 31 a Pg. Budget Amendments FY 19/20 23.1 - 23.4 21. Personnel Change of Status. Personnel Action Forms 22. Payment of Claims. 23. Juvenile director's report on detention population. 24. Sheriff's report on inmate population. 25. Announcement of interest items and possible future agenda topics. 26. Call for Citizen input and/or concerns 27. Adjourn. SVol Pg.--qL_ 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 prohibitresponses 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. voa. 3is fog.4a _ MINUTES MARCH 10, 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, March 10, 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. 1. Invocation and Pledge of Allegiance -U.S. and Texas Flag - Commissioner Berry 2. Call for Citizen input and/or concerns There was no citizen's input. Consider -and -take action -on agenda items 3-22 3. Proclamation 20-023 Community Wildfire Protection Plan. The Court voted unanimously to approve Proclamation 20-023 Community Wildfire v®ia Pg. 43 Protection Plan. The Court encourages all citizens to participate in preparedness and education regarding the dangers that wildfires pose to residents and natural resources of Brazos County. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Bert', Catalena, Cauley, Peters. Absent: Aldrich. 4. Proclamations 20-024 -20-026 - Community Foundation Tribute recognizing the following individuals for their outstanding service to the community. • a. Denise Fries • b. Sue Lee • c. Timothy N. Bryan The Court approved Proclamations designating April 28, 2020 as "Denise Fries Day", "Sue Lee Day" and " Timothy N. Bryan Day". The Court joins with the mayors of the Cities of Bryan and College Station in recognizing theses- individuals as 2020 Community Foundation Tribute honorees and the many contributions they make to the community. A copy of each proclamation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Bert', Catalena, Cauley, Peters. Absent: Aldrich. 5. Resolution 20-007 authorizing the submission of a grant application for Brazos County Specialty Court. The Court voted unanimously to adopt a Resolution to approve the submission of a grant application for the Brazos County Specialty Court to the Office of the Attorney General, Criminal Justice Division. 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. 6. Approval of Order 20-003 exempting the Professional Services Contract with Bickersatff, Heath, Delgado, Acosta, LLP from competitive solicitation pursuant to the Texas Local Government Code 262.024 (a) (4). A copy of the order is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 7. Approval of the following job description: • a. Temporary Attendant, Building & Grounds (1040 hrs.) (Class Code 832, Position 11) for Exposition Complex A copy of the job description is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 8. Request from the I nformation Technology Department to accept donated property from Dell Technologies. Dell has provided Brazos County a Latitude 7220 Rugged Tablet through the "Keep It" program. A copy of the request is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 9. Request from the Health and Wellness Clinic to accept the following donations to be awarded as prizes for raffles and contests held by the Wellness Clinic. - • a. Chuy's Meal Gift Card for two - Value of $45.00 • b. Two (2) tickets to TAMU vs. UT Arlington Baseball = Value of $16:00 - A copy of the request 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. Request from the Expo for the following personnel changes with -an effective date of` March 21, 2020. The following changes will have a decrease to the FY 20 Expo budget in the amount of $108.00. • a. Increase Facility Operations Assistant, Class Code 0831 Position 3, Group 12 Step 5 to Group 12 Step 6, Pay Code 014 - • b. Decrease Lead Operations Assistant, Class Code 0834 Position 1, Group 14 Step 9 to Group 14 Step 8, Pay Code 014 A copy of the position control changes is attached. Motion: Approve, .Moved by Commissioner Sammy Catalena, Seconded by - Commissioner Irma Cauley. Passed. 4-0. Ayes: Berry Catalena, Cauley,. Peters. Absent: Aldrich. 11. Permission to advertise RFQ #20 -094 -for the Transportation Program -Development and Strategic Planning. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich.. . 12. Renewal of Contract 20-107R for Transportation of Deceased and Pauper Cremation Services with Hillier Funeral Home. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner roe. Pg..2AE Nancy Berry. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 13. Renewal of Agreement 20-120R for Actuarial Services with Gabriel, Roeder, Smith & Company. A copy of the renewal of the service agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 14. Approval of the following committee for the evaluation of proposals for RFP #CIP 20- 590, a new building for Brazos County Texas A&M AgriLife Extension Office: • a. GaryAmold • b. Bill Hadley • c. Irene Jett • d. Dusty Tittle • e. Arkitex Studio Representative • f. Purchasing (Non -Voting) • g. Legal (Non -Voting) Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 15. Permission to advertise RFP #CIP 20-590, anew building for Brazos County Texas A&M AgriLife Extension Office. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 16. Approval of Service Contract #C I P 20-634 Bathrooms for Boonville Heritage Park from the Buyboard Contract #592-19 for $121,799.00. A video of the history of Boonville Heritage Park was played for the Court. Judge Peters then asked Brazos Valley Museum of Natural History Director Deborah Cowman to speak. She thanked the Court for their support of the park. Ms. Cowman said that they are delighted to handle the educational programming for Boonville Heritage Park. She handed out flyers about the park and information on Wildflower Day at the park. Ms. Cowman said that groups of both public and private schools visit the park and that lack of adequate restrooms have been an issue. She said that elementary children do not like using portable toilets. She said the additions of the restrooms should increase visitation to the park. She went on to say that the park is a unique asset to the community and allows an opportunity to learn about our history. Judge Peters mentioned that the restrooms will have a log cabin exterior. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 17. Acceptance of Special Warranty Deed from the William E. Kutzschbach Trust and George Frank Kutzschbach, as Independent Executor of the Estate of Ruth Davis Kutzschbach, deceased, for 0.379 of one acre for new right of way and 0.505 of one acre for a Temporary Easement to be used for improvements to Rye Loop in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 18. Expenditure Journal Entries • FY19/20 030005 - 030007 A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 19. Tax Refund Applications for the following: • a. Paul David Mason, Jr. & Beverly Mason - Overpayment $52.58 • b. Wells Fargo Real Estate Tax Service - Overpayment $212.27 • c. Dillard Shane - Overpayment $246.00 • d. Christopher & Tammy Lacey - Overpayment $80.60 • e. Affordable Mobile Homes - Overpayment $267.93 • f. Hawkwood Energy Operating LLC - Overpayment $22.62 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 20. Budget Amendments. Budget Amendments FY 19/20 23.1 - 23.4 23.1 Transfer funds from Non -Departmental to Tax Office. 23.2 To modify the Law Enforcement Officers Standards and Education Fund (LEOSE) to reflect funding available to various law enforcement departments. 23.3 Reallocate funds for Commissioners' Court. 23.4 Transfer funds from Constable, Precinct 1 to Contingency Fund. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 21. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Vol. 31 a Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 22. Payment of Claims. Claims 8023938 — 8024147 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Berry, Catalena, Cauley, Peters. Absent: Aldrich. 23. Juvenile director's report on detention population. Assistant Juvenile Director Guadalupe Washington reported there are 27 juveniles in the detention center, 16 are male and 11 are female, 15 have electronic monitors and 2 are pending for monitors. Ms. Washington noted that 2 of the 27 youth are from other counties. 24. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 610 inmates in jail, 518 inmates are male and 92 are female, 65 have electronic monitors and 17 are pending for monitors. 25. Announcement of interest items and possible future agenda topics. There were no announcements. 26. Call for Citizen input and/or concerns There was no citizen's input. 27. Adjourn. Vol. 31 Pg. �I u The foregoing minutes of the Commissioners Court Meeting held March 10, 2020 have been examined and are approved in open Court this 7th day of April 2020, in Bryan, Brazos County, Texas. Duane Peters County Judge fl(Qi Qi b Sammy Catalena Commissioner, Precinct 2 Commissioner.- Attest: ommissioner; Attest: Karen McQueen County Clerk Q'5M -�- �w Ame, Steve Aldrich Commissioner, Precinct 1 Commissioner, Precinct 3 Pg I of Z BRAZOS COUNTY COMMISSIONER'S COURT `�DAY OF 4YO-�- , 200 Z AM/ .� Name (PLEASE PRINT) 02�c C1L) ��c- Organization (PLEASE PRINT) P ,LIQI-- Vl. 4 V%-, c Vol. pg. so Pg 7— of Z, BRAZOS COUNTY COMMISSIONER'S COURT /o AY OF , 20-ya Alm Name (PLEASE PRINT) Organization (PLEASE PRINT) y Z- 61 ft -5 �r-p 2� CM4 W lq-D umm, Goat t- va..Pg. �— i BRAZOS COUNTY BRYAN, TX PROCLAMATION Community Wildfire Protection Plan WHEREAS, Texas is experiencing unprecedented growth and development in areas that were once rural coupled with an increase in the occurrence of wildfires, WHEREAS, it is in these areas where developments meet vegetation or the Wildland Urban Interface that the greatest risk to public safety and property from wildfire exists, WHEREAS, the best defense is preparedness and public education concerning the dangers that wildfire poses to the residents and natural resources of Brazos County, WHEREAS, a Community Wildfire Protection Plan (CWPP) is authorized under the provisions outlined in Title I of the Healthy Forest Restoration Act of 2003, WHEREAS, a CWPP is a written document, mutually agreed upon by local, state and federal representatives and stakeholders that identifies how a community will reduce its risks from wildland fire, WHEREAS, a CWPP addresses structural ignitability, prioritizes hazardous fuel reduction efforts on public and private lands and is developed collaboratively, NOW, THEREFORE, BE IT RESOLVED that the Brazos County Commissioners Court urges all citizens of the county and the community to participate_ in the development of a countywide .Community Wildfire Protection Plan in accordance with the Healthy Forest Restoration Act. PROCLA=D THIS 10th DAY OF MARCH, 2 Duane Peters, County Judge Commissioner Steve Aldrich Precinct 1 Commissiorkr Nancy Berry Precinct 3 x;? 44t;__W__ ommiss' ner Sammy Catalena Precinct 2 ommis io a Precinct 4 Vol. oZ Fig o� Denise Fries lives a purposeful life --creating businesses from the ground -up and breaking barriers for women. Her personal devotion to charitable giving and a heart and mind filled with fresh ideas for community impact are the reasons Denise Fries is a 2020 Community Foundation Tribute Luncheon honoree; and �. Fries graduated from Texas A&M University in 1984. By that time, she had already served two years in the JAG Corps of the U.S. Army Reserves where she was the first female member of the 420th Engineer Brigade. She was aij.award-winning pistol marksman during those years; and Wi'". After graduation, Fries searched for her first job in financial planning. She found it difficult to find a firm who would hire a female -- so, Fries.started her own. She envisioned a firm where people of all income levels had access to top-notch financial advice, strong customer service and solid investing. Fries Financial Services is celebrating its 36th year, currently managing over $285 million for clients in 30 states. Fries has received three Bryan Rotary/Newman 10 awards and the Anco Lifetime Achievement Award. She was inducted into Research Magazine's Financial Advisor Hall of Fame in 2011; and Eike . Fries has held numerous events in which charities are selected to plan and carry out their own special fund-raising events in order to receive matching money from her firm. For her 20th business anniversary, Fries gave $20,000 in matching grants to 17 charities. For her 40th birthday, she challenged 40 citizens and businesses to give money and time to build homes for Habitat for Humanity. For the 25th business anniversary, Fries raised food, funds, and awareness for the Brazos Valley Food Bank and the Brazos Valley Gluten Intolerance Group. Denise Fries' 50th birthday continued the tradition, as she donated $50,000 to 21 local charities. Over the years, these matching gift events have raised over $1 million benefitting over 60 local nonprofits. Her love for the community and increasing the quality of life for local citizens is at the heart of Denise Fries' passion and drive; and In 2010, Fries started a new endeavor when her daughter, Taylor, was diagnosed with Celiac Disease, and gluten free options were Bard to find. She opened "Taylor Made Gluten Free Bakery, LLC—found in 596 grocery stores and 37. restaurants. Taylor Made sold in 2018 and Fries donated half of the proceeds"to its'employees and. half to the Community Foundation of the Brazos Valley to establish Taylor's Fund for Celiac Disease initiatives; and In addition to Fries"successful businesses and philanthropic endeavors, Fries was the first female Kiwanis member in theUnited States and the.first female president -of the Kiwanis Club of College Station: Her philosophy.of hard work; dedication and.difficulty accepting "no" for an answer,.helps break barriers. All of. these_characterisiics.are mixed with a.determination.for.enriching'the lives of others. Denise Fries is the epitome of one who.gives back.to our com' i munity through time, talent and resources. ,This. spirit. of community giving mirrors the mission of the Community Foundation of the Brazos Valley. oiexa d. Denise Fries is married to Milam County cattle rancher, Robert Jensen. Their daughter, Taylor, and son-in-law,:Zach Johnson live in College Station, with Fries' firs6grandchild, Kyle RobertJohnson. They are expecting a daughter in August. I, Andrew Nelson, Mayor of the City of Bryan, Texas and_I, Karl P. Mooney, Mayor:of College Station, Texas.and I;.D uane Peters,:as County Judge of Brazos County, and acting,on behalf of. our respective city councils and commissioners court, affirm that the quality of life in the Bryaii-College Station community has;been..enriched by Denise.Fries and she has been -.an. example for others in - giving her time, her talentsand her financial resources, and. in as much. we proclaim this: day, April 28, 2020,.as: DENISE FRIES DAY CITY OF BRYAN ZO CITY OF COLLEGE STATION; Andrew Nelson, Mayor Duane Peters County Judge Karl P Mooney, Mayor Vol. 3 L � Pg. �,-? � rir oylgo aqwM and a Sue Lee is a woman filled with passion for giving back to her community. She describes her own father as one who lived a life of giving -- and Lee has carried on the family tradition with a commitment to thoughtful initiatives and a love for intentional philanthropy. This commitment is the reason we pay tribute to Sue Lee as a 2020 Community Foundation Tribute Luncheon honoree; and Born in a small town in Taiwan, Lee received a pharmacy degree from the prestigious National Taiwan University. Lee and her future husband, J.C. Lee, M.D., traveled to America for her pursuit of a master's degree in Biochemistry from the University of Minnesota and his completion of an internship in pathology and PhD. in,genetics. After stops in New Jersey, Ohio and San Antonio, the Lees found their home in Bryan -College Station in 1976. Dr. J.C. Lee served as the Chief Pathologist for the two local hospitals for 23 years. Sue Lee worked as a registered Medical Technologist and served as Lab Director for multiple outpatient laboratories. The couple raised three children in this community; and In 2002, Dr. J.C. Lee died from cancer and Sue Lee's childhood passion of community service was shown. Recognizing the need for a state-of-the-art cancer center for the Brazos Valley, Lee made the cornerstone donation to the St. Joseph Regional Cancer Center — creating the J.C. Lee, M.D. Pavilion. She continued to serve on the board of the St. Joseph Foundation and chaired the Planned Giving committee. In 2015, she supported the Ronald McDonald House by underwriting the lounge for families to relax in while their children undergo treatments; and At the core of Sue Lee's heart for giving are the initiatives that enhance and change people's lives. Her philanthropy has brought life to our medical community, ignited Challenger Little League and supported Habitat for Humanity. Lee has shared the valuable resource of her time with board service .and volunteerism to the Brazos Valley Bombers Booster club, the Arts Council, Special Olympics, and the Brazos Valley Museum of Natural History, to name a few; and In 2009, Lee was honored.at the Prenatal Clinic's You're the Tops Luncheon. Lee's passionate leadership earned her the D.A. "Andy" Anderson award from the Arts Council in 2013, where she co-founded the STARS volunteer organization. She also instituted the Reflections of a Special Olympics Athlete program, and BenchMarking the Arts program, creating artistic benches across town �! Recently, Sue Lee played an integral role on the steering and fundraising committees of the Fun for AII'Playground. She also cc -chaired the very successful Community Coming Together event in April of this past year. Lee's pursuit of community impact, charitable giving and.leadership has benefited numerous organizations and individuals across the Brazos Valley. The impact of Sue Lee makes our community a better place to live; and �+ Sue Lee. has three grown: children -- Dr. Alfred Lee, who specializes in hematology/oncology, Associate Professor at the Yale School.of Medicine, Belinda—a.special needs child who lives in Bryan -College Station — and Dr: Christopher Lee, who • specializes. in ophthalmology and lives in Temple with his wife, Kafen, and Sue's two grandchildren. Fara, �/rix�&�e• I, Andrew Nelson, Mayor of the City of Bryan, Texas and I, Karl P. Mooney, Mayor -of College Station, Texas and I, Duane Peters, as County.Judge of Brazos County, and acting on behalf of our respective city councils and commissioners court, affirm that the quality of life.in the 73ryan- College Station community -has been enriched by Sue Lee and she has been an example for others in giving her time, her talents and -her financial resources, and in as much we proclaim this day, April 28, 2020, as: SUE LEE DAY CITY OF BRYAN ZOS CITY OF COLLEGE STATION Andrew Nelson, Mayor D Peters, County Judge Karl P. Mooney, Mayor .2090 Fvol. P Q.. Tim Bryan grew up in Brazos County and has invested in this namesake community through a love and passion for its rich history, the family business, and a commitment to public service. His community roots are as deep as the Brazos river and his dedication to improving the Brazos Valley makes Tim Bryan the perfect fit as a 2020 Community Foundation Tribute Luncheon honoree; and Tim Bryan graduated with a BBA Finance degree from Texas A&M University in 1974. He quickly entered.the family business of banking, beginning his career in Houston. William Joel Bryan is Tim's great -great-grandfather and Stephen F. Austin was William Joel's uncle. William Joel Bryan's son, Guy M. Bryan, Jr. co-founded Clarke, Bryan & Howell, a private lending enterprise, which became the region's fust chartered bank — The First National Bank of Bryan. The bank continued in the family and Tim was named CEO in 2001. For 17 years, he worked at the bank when, in 2007, First National sold. The Bryan Family's direct ties with the bails ended after 144 years. A few years later, Bryan jumped back into leading a community bank in 2009 when he and 20 other former First National Bank co-workers opened The Bank and Trust of Bryan/College Station. Currently, Tim Bryan serves as Chairman of the Bryan/College Station Regional Board of First Financial Bank; and QX11114: Tim Bryan's father inspired Bryan's professional life with a customer -first mentality and love of community. He calls it a "labor of love by generations of Bryans." Throughout his career, Bryan has mixed his passion for improving community life with his banking profession. Multiple projects have led to the redevelopment of Downtown Bryan, the successful Traditions development, Blinn College's consolidated campus and numerous philanthropic endeavors supporting local schools and nonprofits; and Over the years, Bryan has served on countless boards, including the Bryan Development Foundation, The Boys and Girls Club, Brazos County United Way, the Salvation Army, Arts Council of the Brazos Valley, the Chamber of Commerce, the Texas A&M Health Science Center Foundation, and he was a member of the original board of the Community Foundation. Bryan also led the City of Bryan Charter Review and 12th Man Foundation Champions Council; and Tim Bryan has committed his life to making Bryan -College Station a better place. This commitment earned him.the Man & Youth Award of the Year from the Boys and Girls Club and the Leadership: Award from the Brazos Valley -Economic Development Corporation. In 2012, the Chamber of Commerce named him Citizen of the Year and he is also in the BISD Foundation Hall of Honor; and a: The quality of -life in.the.Brazos Valley is better for Tim Bryan's investment of his time, talents and resources. His strategic leadership, in community development•.and nonprofit support inspires all. The Community Foundation recognizes Tim Bryan, as one whose life mission exemplifies public service to others and makes the Brazos Valley a better place to live; and Tim Bryan and his wife, Lee Arm, enjoy golf and traveling together. He has two daughters, Emily Bullion and Beth Landgraf, of Magnolia and The Woodlands, and six grandchildren. I, Andrew Nelson, Mayor of the City.of Bryan, Texas and I, Karl P. Mooney, Mayor of College Station, Texas and I, Duane Peters, as-.County-Judge.of Brazos County, and acting on behalf of our respective city councils and commissioners court, affirm that the quality of life in the.Bryan- College Station community: has beeti'enriclied by Tim Bryan.and he has been an example for others in giving his time,.his talents and his financial resources; and in as much we proclaim this day, April 28, 2020, as: TIMOTHY N. BRYAN DAY CITY OF BRYAN OS C U CITY OF COLLEGE STATION Andrew Nelson, Mayor Duane Peters, County Judge Karl P. Mooney, Mayor . I v-01. 31 a Pg. RESOLUTION 20-007 Resolution Authorizing the Submission of a Grant Application for Brazos County Specialty Court WHEREAS The Brazos County Commissioners Court finds it in the best interest of the citizens of Brazos County that the Brazos County Specialty Court be operated for the 2021 Fiscal Year, September 1, 2020 — August 31, 2021; and WHEREAS The Brazos County Commissioners Court agrees that in the event of loss or misuse of the Criminal Justice Division funds, the Brazos County Commissioners Court assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS The Brazos County Commissioners Court designates the Director of the Brazos County Community Supervision and Corrections Department as the authorized official for this grant. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency; NOW THEREFORE BE IT RESOLVED that the Brazos County Commissioners Court approves the submission of grant application number 1803316 for the Brazos County Specialty Court to the Office of the Governor, Criminal Justice Division. Resolved this 10th day of March 2020 in Bryan, zo County, Texas. Duane Peters, County judge Commissioner Steve Aldrich Precinct 1 Commi sioner Nancy Berr Precinct 3 ommi loner Sammy Catalena Precinct 2 Com tonerlr auley Precin 4 Grant Application Number: 1803316 Print This Page Agency Name: Brazos County GrantJApp:1803316 Start Date: 9/1/2020 End Date: 8/31/2021 Project Title: Brazos County. Specialty Court Status: Pending OOG Review Profile Information Applicant Agency Name: Brazos County Project Title: Brazos County Specialty Court Division or Unit to Administer the Project: Brazos County Community Supervision and Corrections Department Address Line 1: P. O. Box 2015 Address Line 2: City/State/Zip: Bryan Texas 77806-2015 Start Date: 9/1/2020 End Date: 8/31/2021 Regional Council of Goverments(COG) within the Project's impact Area: Brazos Valley Council of Governments Headquarter County: Brazos Counties within Project's Impact Area: Brazos Grant Officials: Authorized Official Name: Jennifer Goerig Email: jgoerig@brazoscountytx.gov Address is PO Box 2015 Address 1: City: Bryan, Texas 77806 Phone: 979-361-4429 Other Phone: 979-361-4410 Fax: 979-361-4163 Title: Ms. Salutation: Ms. Position: Director Financial Official Name: Katie Conner Email: kconner@brazoscountytx.gov Address 1: 200 South Texas Ave., Ste. 218 Address 1: City: Bryan, Texas 77803 Phone: 979-361-4350 Other Phone: Fax:: 979-361-4188 Title: Ms. Salutation: Ms. Position: Brazos County Auditor Project Director Name: Debora Batten Email: dbatten@brazoscountytx.gov Address 1: P. O. Box 2015 Vol. � a ^ pg. Address. l: City: Bryan, Texas 77808 Phone: 979-361-4439 Other Phone: 979-777-2949 Fax: 979-822-5341 Title: Ms. Salutation: Ms. Position: Brazos County CSCD Deputy Director Grant Writer Name: Debora Batten Email: dbatten@brazoscountytx.gov Address 1: P. O. Box 2015 Address 1: City: Bryan, Texas 77808 Phone: 979-361-4439 Other Phone: 979-777-2949 Fam 979-822-5341 Title: Ms. Salutation: Ms. Position: Brazos County CSCD Deputy Director You are logged in as User Name: Eagles2015 Vol. 31a P9. �8 Print This Page Agency Name: Brazos County Grant/App: 1803316 Start Date: 9/1/2020 End Date. 8/31/2021 Project Title: Brazos County Specialty Court Status: Pending 000 Review Narrative Information Introduction The purpose of this funding Is to support specialty court programs as defined in Chapter 121 and Chapter 129 of the Texas Government Code. Please read the funding announcement for program rules and application guides, available on the eGrants Calendar page. Additionally, you should review the Gulde to Grants available on the PSO Resource for Aonlicants and Grantees webnaae for information and guidance related to the management and use of grant funds. Use the space provided below to describe your project. For help with your narrative, see PSO`s Developing a Good Project Narrative Guide. Note: Do not upload attachments with further Information unless specifically instructed to do so. Program -Specific Questions Specialty Courts - Participant Fees Does this specialty court collect participant fees pursuant to Sec. 123.004 of the Texas Government Code? _ Yes X No If yes, what Is the current dollar amount charged to participants? 0 In the last fiscal year, how many participants were charged a fee? 0 Of those participants charged, how many paid the fee? 0 Certifications Vol. 31a— Pg- In addition to the requirements found in existing statute, regulation, and the funding announcement, this program requires applicant organizations to certify compliance with the following: Constitutional Compliance Applicant assures that it will not engage In any activity that violates Constitutional law including profiling upon race. Information Systems Applicant assures that any new criminal justice information systems will comply with data sharing standards for the GIobal Justice XML Data Model and the National Information Exchange Model. Program Income Applicant agrees to comply with all federal and state rules and regulations for program income and agrees to report all program income that is generated as a result of the project's activities. Applicant agrees to report program income through a formal grant adjustment and to secure PSO approval prior to use of the program income. Applicant agrees to use program -income for allowable costs and agrees to expend program income immediately after PSO's approval of a grant adjustment and prior to requesting reimbursement of funds. "eduction Method - Program Income shall be deducted from total allowable costs to determine the net allowable costs. Program income shall be used for current costs unless PSO authorizes otherwise. Program.income which the grantee did not anticipate at the time of the award shall be used to reduce the PSO award and grantee match rather than to increase the funds committed to the project. Asset Seizures and Forfeitures - Program income from asset selzures and forfeitures is considered ee when the property has been adjudicated to the benefit of the plaintiff (e.g., law enforcement entity). Twelve -Step Programs Grant funds may not be used to support or directly fund programs such as the Twelve Step Program which courts have ruled are Inherently religious. OOG grant funds cannot be used to support these programs, conduct meetings, or purchase related materials. Criminal History Reporting Entitles receiving funds from PSO must be located In a county that has an average of 90% or above on both adult and juvenile dispositions entered into the computerized criminal history database maintained by the Texas Department of Public Safety (DPS) as directed in the Texas Code of Criminal Procedure, Chapter 66.1 disposition completeness percentage Is defined as the percentage of arrest charges a county reports to DPS which a disposition has been subsequently reported and entered Into the computerized criminal history system. Beginning January.[, 2020, counties applying for grant awards from the Office of the Governor must commit that the county will report at least 90 percent of convictions within seven business days to the Criminal Just[ Information System at the Department of Public Safety. By January 1, 2021, such reporting must take place within five business days. Uniform Crime- Reporting (UCR) Eligible applicants operating a law enforcement agency must be current on reporting Part I violent crime de to the Texas Department of Public Safety (DPS) for inclusion in the annual Uniform Crime Report (UCR). To considered eligible for funding, applicants must have submitted a full twelve months of accurate data to DP for the most recent calendar year. Conversion to National Incident -Based Reporting System (NIBRS) The Texas Department of Public Safety (DPS) has established a goal set by the Texas Legislature for all local law enforcement agencies to Implement and report crime statistics data by using the requirements of the National Incident -Based Reporting System (NIBRS). Additionally, the Federal Bureau of Investigations (FBI) collect required crime statistics solely through the NIBRS starting January 1, 2021. Due to this federal deadline, grantees are advised that eligibility for future grant funding may be tied to compliance with NIBRS Financial grant assistance for transitioning to NIBRS may be available for your jurisdiction from the Public Safety Office. 3-1 Specialty Court Certifications If the applicant is a specialty court operated under Ch. 121 of the Texas Government Code, the following certifications apply: 1. The specialty court will develop and maintain written policies and procedures for the operation of the program. 2. The applicant will submit a copy of any project evaluations, evaluation plans, recidivism studies, or related reports that are completed during the grant period to CJD. Adoption of Adult Drug Court Best Practice Standards Applicants operating an adult drug court certify that they are working towards full compliance with and adoption of Vol. I & II of the Adult Drug Court Best Practice Standards by the deadline of August 31, 2019 sl by the Texas Judicial Council. Compliance with State -and Federal Laws, Programs and Procedures Local units of government, Including cities, counties and other general purpose political subdivisions, as appropriate, and Institutions of higher education that operate a law enforcement agency, must comply with aspects of the programs and procedures utilized by the U.S. Department of Homeland Security ("DHS') to: I notify DHS of all information requested by DHS related to Illegal aliens in Agency's custody; and (2) detain such illegal aliens in accordance with requests by DHS. Additionally, counties and municipaliities may NOT ha In effect, purport to have in effect, or make themselves subject to or bound by, any law, rule, policy, or practice (written or unwritten) that would: (1) require or authorize the public disclosure of federal law enforcement Information In order to conceal, harbor, or shield from detection fugitives from justice or aliens illegally in the United States; or (2) impede federal officers from exercising authority under 8 U.S.C. § 1226(a), § 1226(c), § 1231(a), § 1357(a), § 1366(1), or § 1366(3). Lastly, eligible applicants must comply with all provisions, policies, and penalties found in Chapter 752, Subchapter C of the Texas Government Coc Each local unit of government, and institution of higher education that operates a law enforcement agency, must download, complete and then upload into eGrants the CEO/Law-Enforcement Certifications and Assurances Form certifying compliance with federal and state immigration enforcement requirements. This Form is required for each application submitted to OOG and Is active until August 31, 2021 or the end of the grant period, whichever Is later. Civil Rights Liaison A civil rights liaison who will serve as the grantee's civil rights point of contact and who will be responsible fc ensuring that the grantee meets all applicable civil rights requirements must be designated. The designee wl act as the grantee's liaison in civil rights matters with CJD and with the federal Office of Justice Programs. Enter the Name of the Civil Rights Liaison: Jennifer Salazar Enter the Address for the Civil Rights Liaison: 200 South Texas Avenue, Suite 206 Bryan, Texas 77803 Enter the Phone Number forthe Civil Rights Liaison [(999) 999-9999 x99991: 979-361-4114 Overall Certification Each applicant agency must certify to the specific requirements detailed above as well as to comply with all requirements within the PSO Funding Announcement, the Guide to Grants, the Grantee Conditions and Responsibilities, any authorizing or applicable state and federal statutes and regulations to be eligible for th program. X I certify to all of the application content & requirements. Project Abstract The Brazos County Drug Court began operation on December 9, 2004. It Is a program that Integrates local criminal justice resources, case management and substance use disorder treatment to rehabilitate targeted offenders In lieu of Incarceration. Offenders assessed as having a substance use disorder who have no viole associated with their current offense are considered appropriate for the Brazos County Specialty Court. The primary target population for Specialty Court are probationers whose community supervision Is in jeopardy because of their substance use disorder and those who have been Identified during the pre-trial phase as ai offender who might have difficulty'serving a traditional probated sentence because of their level of substan( use disorder. High risk and/or high need offenders are given priority over low risk offenders. The Specialty Court utilizes a multidisciplinary team approach under close judicial supervision, guided by the Best Practices Standards of Drug Courts as described by the National Association of Drug Court Professionals In Adult Drug Court Best Practices Volume Y and IL The team consists of the judge, two prosecutors, a defense attorney, treatment providers, community supervision officers from the Brazos County CSCD and a law enforcement officer. The team works together in a non adversarial approach to provide intensive supervision, treatment, evaluation and frequent judicial review of the offenders. The assigned Specialty Court judge will Impose sanctions for program violations and will grant praise and other rewards for program compliance. Violations a sanctioned immediately and may Include the modification of the conditions of supervision. Participants can receive detoxification, inpatient, Intensive/supportive outpatient and aftercare services as well as complementary treatment and social services to address physical/mental health, education, employment, family and housing issues. The Specialty Court's mission is to increase public safety, save tax dollars, break t cycle of re -arrest, and hold offenders with a substance use disorder accountable using judicially supervised treatment so they can become sober, productive law-abiding citizens. The program is capable of serving pre- trial diversion cases and conditional bond cases, but it primarily serves as a post -adjudication court with participation imposed as a condition of community supervision. Problem Statement : High caseloads, treatment backlogs and delayed judicial Intervention In probation cases only after significant violations have not reduced recidivism or repeated substance use. The Brazos County Specialty Court targets offenders with. a substance use disorder in an attempt to break the cycle of addiction among participants through court -supervised treatment as an alternative to traditional sanctions. The Brazos Valley Council of Governments Regional Strategic Plan for 2018-2020 also contains a priority relevant to this grant application. the plan's section regarding Law Enforcement Priorities, it states "There are few service providers for mental health and. substance abuse Issues In the region. The closest detox and residential facility Is in Waco, Texas. Additional providers would help limit the number of out of town appointments and sessions for those needing services. By providing our offenders the Specialty Court Program It enables the offenders to utilize the counseling and treatment services offered by the CSCD while participating In the Specialty Court supported b this grant. This In turn allows others in the community to utilize the limited services in the region for substan abuse counseling and treatment. Supporting Data : At the end of FY 19, the Brazos County CSCD was directly supervising 1732 offenders. Of those, 1135 were J being supervised for drug and/or alcohol related offenses. The Brazos County CSCD's average caseload size i. 140 The CSCD has 6 specialized caseloads that provide 360 slots for defendants who need more Intensive supervision. Of those 360 slots, there are 180 slots available specifically for defendants with a substance use disorder. On the specialized caseloads targeting persons with a substance use disorder, misdemeanor cases G only be served on a limited basis and cannot exceed 350/0 of the total caseload. The Brazos County Specialty) Court serves misdemeanor offenders. From December 9, 2004 through the and of FY 2019, the Brazos Count' Specialty Court (previously Drug Court) has enrolled 554 probationers and has successfully graduated 254. the 254, 10 have earned either a GED, high school diploma or vocational training credential while in the program; 30 were enrolled in school; and 230 were employed and/or unemployed, but adequately supporte upon graduation. Two Specialty Court participants have graduated from Texas A & M University. The Brazos County Specialty Court has had 25 drug free babies born to formerly drug addicted mothers. The Brazos Co Specialty Court currently tracks Specialty Court graduates for 2 years after leaving the program. The current recidivism rate for the past 5 years (2015-2019) Is 11.9% indicating that In the past five years 88.1% of Specialty Court graduates remain arrest free for 2 years after leaving the program. Nationwide, 75% of Drug Court graduates remain arrest free. According to the National Association of Drug Court Professionals, resea' demonstrates that Drug Courts provide a highly effective alternative to incarceration for individuals whose Involvement in the criminal justice system is rooted in serious addiction to drugs and alcohol. One of the performance measures for the current grant is to increase the carryover number of participants to 50, new participants to 30 and graduate 30. The Brazos County Specialty Court served 71 participants during FY 201 58% of the departures during FY2019 were graduates. Project Approach & Activities: The Brazos County Specialty Court is an initiative supporting the 85th, 272nd and 361st Judicial District Co r and Brazos County Courts at Law No.1 and 2.It is a program that Integrates local criminal justice resources, case management and substance use disorder treatment to target offenders with a substance use disorder lieu of Incarcerations.The Brazos County Specialty Court Program primarily serves probation violators cawhose supervision is in jeopardy because of a substance use disarder.Speclalty Court participation can also be order, as an initial condition of supervision at sentencing for offenders who have been Identified during the pre-trial phase as an offender who meets the criteria of Specialty Court and might have difficulty serving a traditional probated sentence because of their level of substance use disorder. The Specialty Court Team consists of 1 3udge,2 prosecutors,1 defense attorney,1 treatment provider,2 community supervision officers with 1 of the supervision officers serving as the specialty court coordinator and 1 law enforcement ofAcer.The Specialty Cou Team takes a non -adversarial approach and works collaboratively to consider Individual participant eligibility, t consider and recommend to the Judge the dispensation of Incentives or sanctions as appropriate during weekl, participant's case staffing and to endorse graduation or termination from the program based upon participant: demonstrated performance and achievement. Upon receiving a referral for Specialty Court, the potential candidates are expeditiously screened by their criminal history and degree of their substance use disorder. If the candidate qualifies, prompt placement will occur by having modifications and/or initial court ordered conditions of supervision prepared to reflect that the candidate participate In Specialty Court. Specialty Court placements must be court ordered by the sentencing judge. Specialty Court participants are required to complete a phased substance use disorder treatment program which may include detoxification, Inpatient, residential, Intensive outpatient, supportive outpatient and aftercare based on an Individualized treatment plat that will also address other Issues that are contributing to the substance use disorder or are the result of it.Referrais are made by the Treatment Provider -and Specialty Court Team.The Brazos County Specialty Court Program utilizes a randomized urinalysis system that can be accessed by participants via telephone or website to verify abstinence.The system randomizes the testing of participants based on the participant's current Specialty Court Phase and by the type of drugs being tested.Particlpants are tested at a minimum as follows:Phases 1 and 2: 2 times per week with a 10% chance of an additional test;and,Phases 3 and 4:1 time per week with a 30% chance of an additional test. The participants are required to call in 7 days a week. The standard drug panel tests for: amphetamine/methamphetamine, benzodiazepines, cocaine, methadone, opiates, PCP, THC and EfG. These are lab testing only. Any initial positive test for EfG is automatically confirmed prior to results being returned to the court to eliminate false positives. An onsite test which tests fa amphetamines/methamphetamine, barbituates, benzodiazepines, cocaine, opiates,THC and PCP is available a: well as an onsite test for K2. Occasionally, an intoxilyzer device will be used to test for alcohol use. In additior to urine tests, substance and/or alcohol testing may be monitored through blood, patch, oral swab, hair follicle portable alcohol monitoring device or a continuous alcohol monitoring device.The Court Team meets weekly tc review Individual participant progress and endorse the dispensation by the Judge of appropriate level incentive for sustained accomplishment or the use of appropriate level sanctions for program non-compliance. Brazos County Specialty Court participants are required to attend court hearings for progress review weekly, every other week or monthly depending on their progress and phase completion. The Judge talks with each participant during the court hearing to give praise and incentives for accomplishments and sanctions for program non-compilance.Speclaity Court graduates are tracked for a minimum of two years after graduation i order to evaluate recidivism. Additionally, program data is gathered semi-annually and annually to identify coli Is working and what areas need Improvement.The Specialty Court Team members attend the annual TADCP Conference and other trainings to maintain their certifications and Iicenses.All team members are challenged With forging partnerships among agencies in the Brazos Valley. Several members of the Specialty Court Team have long been members of the local Community Partnership Board, which forges partnerships among community agencles.The Brazos County Specialty Court does not have a Generated Program Income and it Is not a regional program. Capacity lk Capabilities: The Brazos County -Specialty Court has set the maximum capacity at 90 allowing the two community supervision officers assigned to the program to maintain caseloads of no more than 45. Caseloads currently range from 30 to 40. The caseloads have offenders In all phases of the Specialty Court Program. The Brazos County CSCD provides substance use disorder treatment services to the Brazos County Specialty Court Progi at no cost to the Specialty Court Program participants. The substance use disorder treatment services Includ Individual counseling, Intensive and Supportive Outpatient counseling, relapse prevention group counseling aftercare group counseling. During the current year, a relapse group for only Specialty Court participants wa, created; as well as, a relapse aftercare group for only Specialty Court participants. The Brazos County CSCD contracts with a Licensed Professional Counselor/Licensed Marriage and Family Therapist/ LCDC to provide counseling when the needs are Identified.The Brazos County CSCR provides those services to participants at cost to the participant. Drug testing, surveillance monitoring and alcohol monitoring is contracted out to Recovery Healthcare Corporation who have established satellite offices at the Brazos County CSCD and the Brazos County Jail. The Brazos County Specialty Court Team is comprised of the Specialty Court Judge, 2 prosecutors, 1 defense attorney, 2 probation officers, 1 treatment provider and 1 law enforcement officer. r Judge: presides over frequent court sessions, which allows the judge to motivate and monitor participants; Insures that all participants benefit by observation of others as they progress or fail to progress in treatment and, be available for quick action on each Specialty Court case. The Judge incorporates topics being discusse In counseling during Specialty Court sessions which reinforces the team concept and treatment components. The Judge participates in Specialty Court Team meetings, develops resources to support the function of the Fs. 3i a Pg, c� 3 Specialty Court, serves as a program advocate and represents the program in the community, before I government, criminal justice agencies and other public forums. Assistant District/County Attorneys: The attorneys represent the State of Texas in all Specialty Court sessions as advocates for public safety; conductiiag Initial Specialty Court screenings to determine if the candidate meets the legal criteria for participation in the Specialty Court program, to Include qualification of the instant offense and review of the criminal history, and utilize law enforcement agencies and community supervision officers to solicit information which may qualify or disqualify an applicant; filing court documents as required; participating in Specialty Court Team meetings to provide input on referrals and discuss recommendations for sanctions and incentives; serving as a program advocate to the community and peers, and providing training as needed. Specialty Court Defense Attorney: The defense attorney meets with Individual participants slated for admission into the program to discuss admissio '� paperwork and answer legal questions; actively participates in team meetings to staff cases and discuss participants rights; maintains a therapeutic relationship with the participant and assists in maintaining a non - adversarial environment in court; and serves as a program advocate to the community and peers. -Specialty Court Community Supervision Officers: The community supervision officers screen and monitor offenders currently on community supervision for eligiblilty as participants in the program; refer potential candidates to ' the prosecutors and the Specialty Court coordinator for screening; supervise a caseload In accordance with CJAD Standards; participate In Specialty Court weekly team meetings to staff progress, discuss new referrals and provide Input on recommendations for sanctions and incentives as necessary; monitor compliance; cond ql random alcohol and drug screening in accordance with the testing program; work collaboratively with treatm'Al providers to monitor recovery and relapse Issues; work collaboratively with community agencies to provide complementary treatment and social services. The CSOs are the team members that have the most interacti In with the participants. The CSOs are the sole contact for the participants in between the weekly court sessio ! It is the CSOs that handle participants' Immediate crisis; explains to the participant why an action was taken 6,1 the court, both rewards and consequences; coordinates placements In residential facilities and Is the liaison while a participant is In the residential facility. The CSO is the one who receives the brunt of a participant's anger and/or frustration. It Is only when a CSO can diffuse those situations in a positive manner will the participants learn that they Specialty Court Team Is there to help them -change their behavior and become graduates of the program. Treatment Provider Duties and Responsibilities: providing assessment for offender placement; providing treatment services along a continuum of care as determined through the development I a treatment plan for Individuals participating in the Specialty Court program; attending regularly scheduled li Specialty Court Team meetings and Specialty Court sessions; continually updating the Specialty Court Team �s? to progress in treatment for individual participants through the regular submission of written progress reports; making treatment plans; providing training for Specialty Court Team members on the assessment basis of substance use disorder, the impact of treatment on the participant, and the potential for relapse; addressing II therapeutic responses in Specialty Court Team meetings; serving as an advocate for continuum of care beyo I the treatment continuum to include complementary treatment and social services; and maintaining agency Ilcensure and individual counselor certification. The Treatment Provider and Specialty Court Team will make recommendations for additional treatment services as necessary. The Treatment Provider for the Specialty Court Is a Licensed Chemical Dependency Counselor (LCDC)and Is paid with funds from the Brazos County CSCD. Two additional counselors that provide substance use disorder treatment services to the Specialty Cou participants are registered with the Texas Department of State Health Services as LCDCs and are paid with J. funds from the Brazos County CSCD. The counselor that will provide additional services as recommended by Specialty Court Team and paid with funds from the Brazos Count CSCD and Is a Licensed Professional Counselor, LCDC, and Licensed Marriage and Family Therapist. Law Enforcement Officer: The law enforcemen officer attends and participates in weekly Specialty Court staffing. He conducts home visits with the supervise officers and he periodically conducts "sweeps" which are surprise home visits of the Specialty Court participants. Performance Management: Goal: The Brazos County Specialty Court's goal is to Increase public safety, save tax dollars, break the cycle re -arrest and hold offenders with a substance use disorder accountable using judicially supervised treatment they can become sober, productive, law abiding citizens. Objectives: (1) To Increase the number of Specialty Court participants to consistently serve 80 per month during the year covered by this grant. (2) To Increase 1 number of graduates during the year covered by this grant. The Brazos County Specialty Court Program Is ar 18 to 24 month program with the average amount of time a -graduate spends in the Specialty Court prior to graduation is 23 months. Measures: Specialty Court Dockets are prepared weekly and track participants compliance which allows the Specialty Court Team to continually assess the progress of the Specialty Court Program and Identify what Is working, what is not working and what referrals or changes need to be made tc Increase successful completion. The Specialty Court Team reviews the docket during staffing prior to Court ai makes recommendations for sanctions, rewards and treatment referrals based on the Information on the Specialty Court Docket. Increasing the number of participants will be done through recommendations from tl Vol. 31 D_ pg. a CSCD staff to prosecutors and Judges when substance use disorder is the contributing factor to a defendant's inability to successfully complete community supervision. Specialty Court Program data is submitted as semi- annually and annually utilizing the template provided by the Governor's Office. The data collected Includes the, number of new enrollments; number of participants during the current reporting period; number of participants that successfully complete the program; number of participants that failed to complete the program and why they failed to complete the program; demographic information about participants; number of participants who earned a GED, high school diploma or vocational training credential while in the program; number of participants enrolled in school at the time of graduation from Specialty Court; number of participants employe full time or part time at the time of graduation from Specialty Court; number of Specialty Court sessions; and, II number of participants arrested for a new and separate offense while in Specialty Court. Specialty Court �I graduates are tracked for two years for re -arrests after they have completed the Specialty Court Program. Thi Information Is used to determine recidivism, The Specialty Court team utilizes this Information to determine th effectiveness of the program and what areas may need improvements. Although the program data template n longer includes the number of drug free babies born to participants while in the program the Brazos County CSCD will continue to collect that data. Performance measures are used in: planning and meeting established operating goals/standards for intended outcomes; detecting devlatlons from planned levels of performance; and, restoring performance to the planned levels or achieving new levels of performance. To be eligible to graduate from Specialty Court, a mintmum.of 120 days of clean-drug/alcohol screens must be submitted, the participant must be current on court ordered financial obligations and must provide verifiable documentation o fi °giving back'. During FY19, 45 Specialty Court graduates were employed at the time of their graduation .in l addition to meeting the other graduation criteria listed above which corresponds to the Specialty Court wan_tl to assist participants in becoming sober, productive, law-abiding citizens. Target Group The Brazos County Specialty Court targets pre-trial and post adjudication High Risk and/or High. Need offend, with a substance use disorder. Participants are Identified through a screening process to determine whether they meet the criteria for participation, such as being at least 17 years old, not having a history of violent felony convictions, ho extensive history of drug dealing, being physically and mentally capable of participatin and are either a substance abuser or substance dependent. mower risk offenders will be served in the Brazos County Specialty Court when space is available, If they meet the screening criteria. A low risk offender will ni be placed In the Brazos County Specialty Court over a high risk and/or high need offender. A person who wot be classified by definition as a citizen of a historically disadvantaged group receives the same consideration f placement in the Brazos County Specialty Court as others if they meet the above stated screening criteria. Eligible participants are Identified early and promptly placed In the Specialty Court Program. Evidenc"ased Practices: The Brazos County Specialty Court program utilizes Evidence -Based practices through cognitive substance abuse treatment, a sanctions and rewards model, assessment tools and Judicial Interaction as modeled. by Adult Drug Court Best Practice Standards Volumes I. and II. All counselors that work with Specialty Court Participants are registered with Texas Department of State Health Services. You are logged in as User Name: Eagles2015 FiIgbft Praale Nertaave Acnvidea Measures Budget Dacvmanls Cordilansa.RMIag Summary UpWadFliee IIOyrraa Itty.Homa General Inkrmatlon and Instructions MWy Introduction v,1g>�r Icons Fund Source Information and Requirements Introduction This section contains questions about your project It Is very important for appilonts to review their funding announoement for guidance on haw to fill out this section. Unless otherwise spedfied, answers should be about the EXFWrED aefivities to occur during the project period. Fmjea ACGviry Area Select Your Project. Activities V Selekione or more project activities that best describe your project. once you have selected one or more project ectivitles from the list, then dick on the Update Activity Selection button to add those selections to your project You will then be able to describe the projectartivitles you selected and added to your project In the Detailed Pro]ect Activity area. Fora description of the ellg@le project activities, please dick on the View a Description of the Activities button. Colianse Activity Lfsk 0 Specialty Court - Adult ❑ Specialty Court -Commercially Sexually Exploited Persons ❑spedaity Court - Family ❑ specially court - ]uvenire ❑ Specialty court - Mental Health E3 Specialty court - Public Safety Employees Qspwwty court - vebaraps Detailed Project Activity Area Describe Each Activlty 4 Tfds section lists fig of the items you selected for GDS and grantee -defined prosect activities. Cock on the'pencil' [con next to each activity to enter the percentage of time spent on the activity as well as a brief description of how the activity Is perramud. Click an the 'diskette' [con to save the IMarmation entered foreach activity. vlly Dedicated Percentage Dasmption of Activity pecially Coact -Adult 100 Provide court -supervised substance abuse or other treatment to adult offenders as an alternative to traditional criminal or civil sanctlon% ❑Chaekthls box to Confirm Deletion of a ProloctAetivtty voo.31 Q_ Pg, Ca(e Note: Once You Save each item above, the subtotal (or the Dedicated Percentage column will refresh below under Total. I Taral: 100 Peccant: ` Notes by Grantee to 00G: Note from Grantee to COO 0 Printer FHendhr PeevlCui 88ve Cad Cmfflnne You are logged In as User Name: Eagles2015 EHIHr➢Hy Preffie Narrative Activities Measures Budget Documents CondldonsoWundIM blrmmM Uploed.Ates MyNall W.Horna General Information and Instructions Lemur Introduction -rung source inrormaxion ane Kequiremen� introduction 7ha performancemeasures fisted In U is section amfied to an activity as selected by the applicant on the Attivttlas tab. These measures are essentially estimated targets of the volume of activity Ina project. 000 uses them during the appgcaUon phase to evaluate the project, and during the active grant phase to measure progress towards those targets. Measures should F0ff=aa appgcanVS best aspmate of the level of actiOdes they expect to perform durfag the grant paned, unless spedflcally, Instructed otherwise. mora: rftha measures are not visible on d9s tab, slrrrply oavfgate bark to th&AcUVXw tab, add one ormore actfvfdes to yourpmalect' save yoursefeetfon fs), then return to the Measures rob. OOa-Defined Perfomtance Measures Grantaee are LPgtiried to report for each measure listed and should enter a 1W for any measure not applicable tothair project. in addition, grandees may also be required to report fund specific progress report data. Grantees must follow the progrms reporting Instructions provided by the Public: safety Office. Custom -Defined Performance Measures 006 encourages grantees to add any addltional custom measures that would help us better understand the project's activities and perfomrence, but these are not required. To add a custom measure, click on the "Create Custom Performance Measures° button. Entering the 006 -Defined Output Performance Measure Information Please enter the required target levels for each output measure listed below. ,0, tput Measures ek level Number of over Individuals Participating. ISO Number of Individuals NEWLY participating. Entering the 00G -Defined Outcome Performance Measure Informi Please enter the required target levels for each outcome, measure listed below. 0 Cmab U MAWOmmnee Naafutes -Notes by Grantee to OOG: NQ ftom Grantee to 006 Vol. —3A -a- Pg.__LQ$_ 001V Pro lb Nenadva Aedvdlos Masaures Budget Doamerda Condtdot14o2Fiardfng S mmmy Uploed.FOes MY -Mall 6ty:Nmna 03169 SauRaoWalch BudgatSummary printer FrIerML General Information and Instructions— Vim -- Viim Introduction Vlew xnstructigns Select and Enter Budget Una Item DetalIs-- O_ Budget Category OOG Fonda Cash Match In IOnd Match GPI Tetal Pro]ect Personnel $147,213.73 $0.00 $0.00 $0.00 1$247,213.73 Contractual and Profasstonal Services $0.00 1 SD.00 1$0,00 140.00 1$0.00 and Olroet Operating E:cpenses I 50.00 I 40.oa I ;0.00 *u.uu lw.uu costa 1$0.00 j$0.00 j$O.OG 1$0.00 1$0.00 Budget Summary Tota �^— OOG Funds: Cash Match: In load Match: GPI: Ta Pro ecu 47,213.73 1 11MOD =1$0.00 IC0.00 � i $147 213.73 L t Your Budget Detail Item(s) Ta A Notes by Grantee to OOG: Note from Granteat0 OOG V. Enter on: 3/4/2020 9:06t10 AM By: Erin Cole PemonW, Please remove InWals and add the fWl name far both probation of cem. Vol. 319- Pg. r ORDER h-003 COMPETITIVE BIDDING REQUIREMENT EXEMPTION OF A CONTRACT FOR PROFESSIONAL SERVICES MADE BY A COUNTY UNDER LOCAL GOVERNMENT CODE SECTION 262.024(A)(4) The referenced Agreement between Brazos County and Bickerstaff, Heath, Delgado, Acosta, LLP. for the provision of services described in the referenced Agreement constitutes a contract. The Brazos County Commissioners Court finds that this is a contract for professional services and is exempt from competitive bidding. This Order is made pursuant to V.T.C.A. Local Government Code §262.024(a)(4) and is to be entered into the Commissioners. Court minutes. APPROVED V) DISAPPROVED () i n ,� BY COMMISS OURT ON 40 � (�/ (DATE) D Peters, County Judge Vol � P9.-20 ORDER NO. &_0a WHEREAS, Brazos .County, Texas ("County"), is a duly organized and operating County of the State of Texas, and its governing body is the Commissioners Court of Brazos County, Texas ("Commissioners Court");.and WHEREAS, the County, by and through its Commissioners Court and pursuant to all relevant authority, desires to retain and acquire legal counsel and the professional legal services of the law firm, of Bickerstaff Heath Delgado Acosta LLP of Austin, Texas regarding the matter ("Legal Matter") described in the attached Exhibit 1. NOW, THEREFORE, BE IT RESOLVED that the Commissioners Court of Brazos County, Texas, for and on behalf of the County and in the public interest, hereby finds, orders, and approves the following: (1.) It is necessary, proper, and advisable for the County and its Commissioners Court to be represented by the following law firm regarding the Legal Matter due to the legitimate and principal interests of the County and the public as herein described: Bickerstaff Heath Delgado Acosta LLP of Austin, Texas ("Law Firm"). (2) The Law Firm is retained by the Commissioners Court on behalf of the County, and is hereby formally engaged and hired by the County, to provide legal counsel and related professional and personal services for the County as more particularly described in the Engagement Agreement attached as Exhibit 1, and further, the Engagement Agreement is approved by the Commissioners Court for execution by the County Judge. (3) Unless otherwise designated, the past, present, or future tense shall each include the other, the masculine, feminine, or neuter gender shall each include the other, and the singular and plural number shall each include the other where necessary for a correct meaning. (4) This order shall take effect immediately from and after its passage. (5) All preliminary recitals of this order and all attached documents are incorporated by reference. (6) This order was considered and approved at a meeting held in compliance with Chapter 551 of the Texas Government Code, the Texas Open Meetings Act. (7) The Commissioners Court by this order grants an exemption. regarding the Engagement Agreement from the competitive P9• bidding and procurement requirements of Section 262.023 of the Texas Local Government Code, pursuant to and in accordance with Section 262.024 of the Texas Local Government Code and other authority, in view of the professional' and personal services to be rendered by the Law Firm to the County and its Commissioners Court regarding the Engagement Agreement and Legal Matter. ORDERED, ADOPTED, AND APPROVED on the day of 2020. THE CO COURT OF OS C LINTY, TE Coun udge Brazos County, Texas County Commissioner, Precinct 1 Brazos County, Texas C unty Codimissioner, Precinct 2 Brazos -County, Texas County Comnissioner, Precinct Brazos C Co ty Co issioner, Prec' 4 Brazos County, Texas ATTEST: G ountyClerk Brazos County, Texas 2 DELL "KEEP IT" PROGRAM AGREEMENT GENERALTERMS This agreement ('Agreement°) between you ('you" or "Customer"), and Dell Marketing L.P. (in the US) or Dell Canada Inc. (in Canada) ("Dell'), governs the provision and your use of the Solutions and is effective upon your acceptance hereof. 1. SOLUTION. Dell will provide you with hardware, software and/or services (collectively "Solutions") at no charge. The hardware Solutions are yours to keep and title to such hardware (except for the software provided with such hardware) passes from Dell to you upon shipment. Shipping and delivery dates are provided as estimates only. 2. PURPOSE. If you resell Dell products and services in the regular course of your business ("Reseller"), you will use the Solutions only for your product demonstrations, for internal testing or evaluation, - or for training your team to sell Dell products and services. If you are a commercial entity ("Commercial Customer) or a Public Customer (defined below), you will use the Solutions only for evaluation or internal business use ("Purpose"). Dell will have all rights, title and ownership of any, feedback you provide about the Solutions. 3. SOFTWARE AND SERVICES. Software provided as part of the Solutions shall be governed by (i) the software license agreements included with the software media packaging or presented to Customer during the installation or use of the Solution, or (ii) for software licensed by Dell, if no license terms accompany the software or are not otherwise made available to Customer, the End User License Agreement —A Version, found at dell.com/aeula ("EULA'). If there are any conflicting terms, this Agreement will control. If the Solutions include services, then such services are governed by supplemental terms and conditions applicable to such service and located at www.dell.com/servicecontracts/US (if you are in the U.S.) and www.dell.com/servicecontracts/global (if you are located in another country). 4. RETURNS. No exchanges or credits are permitted. If you decide to return the Solutions to Dell, you must follow Dell's return policies and instructions. Title to the hardware Solution will transfer from you to Dell upon Dell's receipt. CUSTOMER MUST BACKUP ANY DATA OR SOFTWARE AND REMOVE ANY CONFIDENTIAL OR SENSITIVE DATA FROM THE SOLUTIONS PRIOR TO RETURNING THEM TO DELL. UNDER NO CIRCUMSTANCES WILL DELL BE LIABLE FOR LOST DATA OR SOFTWARE, COSTS ASSOCIATED WITH DATA OR SOFTWARE RESTORATION, FOR ANY DISCLOSURE OF CONFIDENTIAL OR SENSITIVE DATA RESIDING ON THE SOLUTIONS OR FOR ANY REQUIREMENTS TO COMPLYWITH -SPECIAL RULES OR OTHER REQUIREMENTS THAT MAY APPLY TO CUSTOMER'S DATA ON OR IN THE SOLUTIONS. Customer agrees to indemnify, defend and hold harmless Dell from any and all claims or liability against Dell arising from any third party data that may be on the Solutions. 5. WARRANTY DISCLAIMER. The solutions are provided "as is," with all faults. Dell disclaims any and all warranties and conditions, express, implied or statutory, with respect to the solutions, including without limitation; any warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose; title and noninfringement. 6. HIGH RISK APPLICATION DISCLAIMER. Dell has not tested or certified the Solutions for use in high-risk applications in which the failure of the Solutions could lead directly to death, personal injury or severe physical or property damage. Dell makes no assurances that the Solutions are suitable for any high-risk uses. 7. LIMITATION OF LIABILITY. DELL, ITS AFFILIATES AND SUBCONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS; LOSS OF USE; LOSS OR USE OF DATA; OR BUSINESS INTERRUPTION OF ANY KIND. DELL'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS AND DAMAGES Page 1 of 4 DELL "KEEP IT" PROGRAM AGREEMENT AUG/2015 ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR ANY SOLUTIONS WILL NOT EXCEED $500 USD. THESE LIMITATIONS APPLY WHETHER ARISING UNDER ANY CONTRACT, TORT, WARRANTY OR ANY OTHER THEORY OF LIABILITY, EVEN IF ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 8. INTELLECTUAL PROPERTY RIGHTS. ALL RIGHTS, TITLES AND INTERESTS TO DELL'S INTELLECTUAL PROPERTY, INCLUDING WITHOUT LIMITATION THOSE EMBODIED IN THE SOLUTIONS, REMAIN WITH DELL. CUSTOMER WILL NOT USE THE NAME OF DELL NOR ANY DELL TRADEMARKS, TRADE NAMES, SERVICE MARKS, OR QUOTE THE OPINION OF ANY DELL EMPLOYEE IN ANY ADVERTISING OR OTHERWISE WITHOUT FIRST OBTAINING THE PRIOR WRITTEN CONSENT OF DELL. 9. COMPLIANCE WITH LAWS. You will comply with all laws and regulations applicable to your use of the Solutions in the countries in which you do business, including without limitation any laws relating to taxes, export, sanctions and anti -bribery or competition laws ("Applicable Laws"). You will not, and will not allow, the Solutions to be exported (i) to embargoed countries or (ii) without a license where such license•is•required by Applicable Laws. 10. CONFIDENTIALITY AND NON -DISCLOSURE. Customer agrees to protect Dell's confidential information with the same degree of care, but no less than a reasonable degree of care, as Customer uses with respect to its own confidential information. Customer will not disclose the confidential information of Dell without the prior written consent of Dell. "Confidential Information" means any oral, written, graphic or machine-readable information disclosed by Dell that should be reasonably understood to be confidential. 11. TERMINATION. At any time, Dell may terminate its Keep It program, your participation, any services and your license to use any software without notice if there is a shortage of Solutions or for any other reason, including for its own convenience. All terms intended to survive such termination shall survive. 12. GOVERNING LAW. This Agreement, and ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL, including their affiliates, contractors, and agents, and each of their respective employees, directors, and officers (a "Dispute") will be governed by the laws of the State of Texas (or by U.S. federal laws if you are a Federal End User) (or the laws of the province of Ontario and the federal laws of Canada applicable therein if you are a Canadian user) without regard to conflicts of law. The UN Convention for the International Sale of Goods will not apply. 13. GENERAL. This Agreement- (GENERAL TERMS and applicable' CUSTOMER SPECIFIC TERMS) constitutes the entire agreement between you and Dell regarding the Solutions. Customer will not transfer or assign this Agreement. Dell and Customer are independent contractors and neither is a Legal representative or agent of the other. Customer Specific Terms apply to you if you are a public customer, channel partner, federal channel partner. ora Canadian public sector customer. If there is a conflict, the Customer Specific Terms will take precedence over the GENERAL TERMS. CUSTOMER SPECIFIC TERMS CHANNEL Additional Terms Applicable to Dell Resellers, Distributors, System Integrators, OEM Customers, and other Channel Partners A. Clause 1 of the GENERAL TERMS ("SOLUTION") shall be deleted and replaced by the following: Dell may provide, directly or indirectly through you, at no charge, the Solutions to end-user customer or potential end-user customer (each, "End User") for the End User to use solely for Page 2 of 4 DELL "KEEP IT" PROGRAM AGREEMENT AUG/2015 Vol. 3 i a Pg. �_ evaluation or internal business purpose. The hardware Solutions are for End User to keep and title to such hardware passes to End User upon End User's receipt of the hardware. Shipping and delivery dates are provided as estimates only. Notwithstanding the foregoing, Dell may request you to return the Solutions to Dell if Dell has reasonable belief that you have breached, or refused to provide information requested by Dell to confirm your compliance with, clause 9 of the GENERAL TERMS, and you shall comply with such request at your sole expense. B. Solutions may be provided to an End User only if the End User has agreed in writing to the terms of this Agreement for the foregoing purpose, the applicable references to "you" or "Customer' in the Agreement shall mean "End User". You shall ensure End User complies with this Agreement and all Applicable Laws, and you are responsible for End User's failure to comply with such terms and Applicable Laws. You shall indemnify and hold Dell harmless against any claims arising out of End User's noncompliance with the terms or use of the Solutions. FEDERAL CHANNEL Additional Terms Applicable to Dell Federal Channel Partners The terms and conditions in this section apply to you if you are a Reseller to any department, agency, division, or office of the United States government ("Federal Reseller'). These additional terms and conditions supplement, amend or revise the GENERAL TERMS as described below. The terms in this section shall take precedence over the GENERAL TERMS. The term "Dell" will mean Dell Marketing L.P. or Dell Federal Systems L.P. A. Additional Terms Applicable to Dell Channel Partners, clauses A -C. B. Additional Terms for US Public and Healthcare Customers, clauses A-E. The term "Federal Reseller" shall be substituted for the term "Public Customer' therein. UNITED STATES Additional Terms for US Public and Healthcare Customers The Additional Terms for US Public and Healthcare Customers section ("US Public Customer Terms") below apply to public sector or healthcare customers such as any healthcare provider, department, agency, division or office of the United States government ("Federal End User"), or any department, agency, division, or office of any district, state, county or municipal government within the United States (together with Federal End Users, "Public Customer") and supplement the GENERAL TERMS. If you are a Federal End User then "Dell" will mean Dell Marketing L.P. or Dell Federal Systems L.P. A. Any portion of the GENERAL TERMS that is not applicable by law shall not apply to you. US Public Customer'Terms shall take precedence over the GENERAL TERMS. Any applicable software EULAs shall control over these terms. B. You agree to provide Dell with an electronic evaluation form provided by Dell within 90 days of the date you receive the Solutions. If you fail to provide the electronic evaluation within this timeframe, you will return all hardware Solutions to Dell and pay Dell's then -current commercial price for all software included in the Solutions. C. The parties agree that the Solutions are intended exclusively for your evaluation and (i) does not constitute a "gift" or "gratuity," as contemplated under relevant regulations such as 5 C.F.R. Part 2635, Federal Acquisition Regulation ("FAR") 3.101-2, and FAR Subpart 3.2, and (ii) do not give the appearance of a conflict of interest as described under FAR Subpart 3.11 or other relevant regulations. The consideration for Dell providing the Solutions is your promise to submit the electronic evaluation form. By accepting the Agreement, you acknowledge, affirm and agree that you are authorized to accept the Solutions pursuant to established gift rules applicable to you (as a government employee) and/or your agency. Page 3 of 4 DELL "KEEP 1T" PROGRAM AGREEMENT AUG/2015 I V0__1 -_aa_ I- -Pa. 1 D. Public Customer does not intend to award a contract on the basis of Dell's provision of the Solutions, nor grant Dell any preferential treatment in any contracts or task or delivery orders currently being performed by Dell, or future procurement actions. E. Public Customer is responsible for reporting receipt or value of the Solution to any federal or state healthcare program that it participates in to the extent such reporting is required. F. You confirm that you are a contracting officer or other authorized representative of Public Customer with authority to bind the Public Customer for purposes of accepting the Public Solutions in accordance with the terms and conditions set forth herein. Canada Additional Terms for Canadian Public Sector Customers The Additional Terms for Canadian Public Sector Customers ("Canadian Public Customer Terms") below apply to public sector customers in Canada such as any federal, provincial or municipal government, department, or agency, healthcare provider or education in__stitution ("Canadian Public Customer) and supplement the GENERAL TERMS. A. Any portion of the GENERAL TERMS that is not applicable by law shall not apply to you. Canadian Public Customer Terms shall take precedence over the GENERAL TERMS. Any applicable software EULAs shall control over these terms. B. The parties agree that the Solutions are intended exclusively for your evaluation and: (i) are not provided as a gift or similar gratuity; and (ii) do not give the appearance of a conflict of interest under your applicable procurement rules and regulations. C. Canadian Public Customer does not intend to award a contract on the basis of Dell's provision of the Solutions, nor grant Dell any preferential treatment in any contracts or task or delivery orders currently being performed by Dell, or future procurement actions. D. Public Customer is responsible for reporting receipt or value of the Solution to the extent such reporting is required. E. You confirm that you are a contracting officer or other authorized representative of Canadian Public Customer with authority to bind the Canadian Public Customer for purposes of accepting the Solutions in accordance with the terms and conditions set forth herein. ACCEPTED AND AGREED: 'CUSTO"M-ER> By: Print Name: Title: Date: Page 4 of 4 DELL "KEEP IT" PROGRAM AGREEMENT AUG/2015 Vol. BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY DONATION OF COUNTY PROPERTY Date: 2/21/2020 nX Acceptance of Donated/Awarded Property F] Donation of County Property (Awarded property requires signed court documentation) ❑ Acceptance of Donated Inmate Property (Requires signed inmate documentation — NO VALUE ASSESSED) Item Description: Dell Latitude 7220 Rugged Tablet 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: Dell Model: Latitude 7220 Year: 2019 SN/VIN #: GKPMTG2 X❑ Functional ❑ Non -Functional. Explain ifNon-Functional Additional Description/Information: Spare device to use while evaluating the Latitude 7220 as a possible, less expensive alternative to the Panasonic ToughPads In law enforcement vehicles. Estimated Value: $ 2.451.53 Check the appropriate account based on estimated value of property being accepted: ❑ 61235000 (Donation - Other)* ❑ 60010000 (No Asset Tag - Under $500) ❑X 67010000 (Minor Property - $500 - $4999) ❑ 80010000 (Capital Property - Over $5000) Check box for Capital Asset (value/initial cost is over $5000) OI 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 of a non -county expenditure. I certify that the above mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Information Technology e 116& Department Name Authorized Signature Organization Receiving Donated Property: � / Authorized Signature Ap ove Co issioner o on this t U , - . day of l 1"th t Commissioners Court Approval voi. 31 a Pg. � to k � J 7 10 to Vol. �� Pg .0 El _ � � e § f oƒ ) k§) \) ) / k \d Vol. �� Pg .0 El _ � � e Il. ; a 7 )/ 2 .[ k « o o § cm cm !a� !� »c • \k | /{ � § - \ kk , q § m OR �f i 2§ ©« �z 2 r z o ■§ � § Il. ; a 7 )/ 2 .[ k « o o § cm cm § � / 0. ) 2 . /it 5, k \ § � / 0. Vd. pg \ 2 £ \ cm cm \k cli Vd. pg �. Op Brazos e Purchas February 10, 2019 Hillier Funeral Home 2301 E. 29* Street Bryan, TX 77802 Attn: Ryan Stevens �ou ty ing �epantm I I I ent 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361; 4290 FAX(979)3614293 Re. Reneipal of Contract #Z0 -107R for TransportalJon ofDeceased and Pauper Crema[r' formally known as 19117R. l Brazos County appreciates the quality work your company has provided and would like td renewal option for HIMer Funeral Home Contra# 20.107R, previously known as 19-11 �! All terms, conditions, and pricing shall remain the "e. This renewal term will be for and May 1, 2020 to April 30, 2021. f To accept the renewal option, please fill out the information and sign below. Retu documents by email to sdubec@brazoscountytx.gov or fax,to (979) 361-4293, Please fb original signed documents and an updated Certificate of Insurance by mail to the addreI PIease return accgl�tance as soon as possible. f you have any questions, I may be re 361-4294. 1 /1 _ r r T, Contact Name: T W1 e 4. l .DA4 Telenhnnc - i 1 [ Autborized Duane Peters, County Judge Vol..3�a pg, go • Date to - Date se Ices xercise the and ij7--27i ' ar from - I f ,I I II 1 I III . I , i 5 l I' I 20-107R Transportation of Deceased and Pauper Cremation Services Tabulation Previously known as 19-117R and 17-275 May 1, 2020 through April 30, 2021 Hillier Funeral Home Callaway Jones Funeral and Cremation Services Daniel & Sons Funeral Home Trevino -Smith Funeral Home rTB�"' A.i AiYn 4 - Y Y•4 "' T fiD Tased_ agsportat�onoeceo',MedicBlExain.IF�_. � � k i £ 3 1 '.»' �' ys"ay% ,u, .Z W°- Y✓k .ixY°.+�. rs U V mat: ds 5 i Bexer County Round Trip to ME $500.00 No Bid $589.51 $577.00 Travis County Round Trip to ME $400.00 No Bid $455.82 $477.00 Cost per mile for ME Office not listed $1.50 No Bid $3.50 $1.85 Additional Cost for bodies over 300lbs $100.00 No Bid $75.00 $100.00 Disaster Pouch $100.00 No Bid $100.00 $100.00 Pa up_rCemator�iServices �� 3� ��;;' Bexer County Round Trip from ME $150.00 $475.00 No Bid $577.00 Travis County Round Trip from ME $100.00 $300.00 No Bid $477.00 Cost per mile for ME Office not listed $1.50 $2.85 No Bid No Bid Additional Cost for bodies over 300lbs $0.00 $450.00 No Bid $100.00 Cost per Cremation $300.00 $600.00 No Bid $477.00 Disaster Pouch $100.00 $100.00 No Bid $100.00 Notes and Exceptions Cost provided for bodies over 300lbs is for up to 500lbs for bodies over 500lbs the cost will be 500.00 2nd Renewal of 3: Hillier Funeral Home Ap ove by ommis I is Court on this �_ day of I��� , 2020 by . 7 holding the position of i�S_( DOAN M ge Ii Vol, 3 i a Pg. 81 P: 469.524.0000 i www.grsconsulting.com X1. February 26, 2020 Ms. Fang Deng County Auditor's Office Brazos County 300 E. 26th Street Bryan, TX 77803 Re: Engagement Letter for December 31, 2019 OPEB Valuation and GASB 74/75 Valuation Reports for fiscal years ending 2020 and 2021 Dear Ms. Deng, You have requested a pricing quote for a GASB 74/75 actuarial valuation under the Shared Services arrangement provided by Gabriel, Roeder, Smith & Co (GRS) and North-Central Texas Council of Governments (NCTCOG). Based on the information you provided, the cost of services for Brazos County is $19450. This price is based on receiving data in the standard GRS format and using the following assumptions: Pricing Category Pricing Parameters Fee, Annual or Biennial Biennial Number of Participants 500-999 $12,315 Claims Analysis Required Yes $2,190 Health Plans 1. Brazos County Health Plan $0 Retirement Plans 1. TCDRS $0 Implicit Subsidy Only Discount Not Eligible $0 Plan Change Not Previously Valued No N/A OPEB Trust or Equivalent Arrangement Yes $1,305 Single Discount Rate Test Yes $1,040 Plan Only Reporting Package No $0 Cost Sharing Schedules for Primary Government and Component Units Yes Health Department Allocations $2,600 Calculation of an Actuarially Determined Contribution No $0 Total $19,450 Ms. Fang Deng February 26, 202Q Page 2 Basic Services Actuarial valuation of employer OPEB in compliance with the requirements of GASB Statements No. 74 and No. 75. The valuation report will include, but Is not limited to, the following: > The updated Net OPEB Liability, based on the appropriate discount rate for the reporting period. > A reconciliation of the Total OPEB Liability, which shows, among other items, the impact of benefit changes, assumption changes, and demographic gains/losses separately. > The OPEB expense and supplementary information required by GASB 74/75. > The characteristics of covered active members, retirees, and beneficiaries and other information required for the note disclosures. > A statement of outflows and inflows arising from the current reporting period. > A statement of outflows and inflows to be recognized in future OPEB expense. > A sensitivity analysis providing the Net OPEB Liability based on a 1% higher and 1% lower discount rate. > A sensitivity analysis providing the Net OPEB Liability based on a 1% higher and 1% lower health care trend assumption. Billing Schedule GRS pricing assumes 30% paid upon acceptance by the government of the engagement, 40% upon delivery of the draft full valuation, and 30% upon delivery in the second year of the rolled forward report. . The Master Agreement allows for automatic fee increases based on changes in the Consumer Price Index (CPI), starting in January of 2019. As a result, the 2020 fees are 4.35% higher than those in the original fee schedule that's shown in our Master Agreement. However, the fees. provided in this engagement letter will not change based on the annual updates to the overall pricing schedule. Any CPI related increases will only apply to the next valuation cycle. Gabriel Roeder Smith & Company vol. _31 Pg. 2)3 Ms. Fang Deng February 26, 2020 Page 3 Basic Options Study It is anticipated that Brazos County may want to consider options for mitigating its OPEB liability. Basic Options studies would include alternative discount rates, alternative healthcare trend rates, benefit capitations, and changes in retiree cost sharing. The cost for a basic Options study will be $1,360 per study. Fees for plan redesign studies that are not considered basic will be communicated after the specifics of the proposed plan changes are discussed. Additional Services Fees for additional consulting services not included under Basic Services or included in the fixed fee Options studies will be priced separately upon request and will be based on the following hourly rates: Hourly GRS Resource Classification Rates Lead Actuary $340 Actuarial Staff $225 Support Staff $195 A copy of this engagement letter will be made a part of the master agreement between Brazos County and GRS. BRAZOS COUNTY, TX GABRIEL, ROEDER, SMITH & COMPANY Mehdi Rlazi, Senior Consultant Date 2/26/2020 Date Gabriel Roeder Smith& Company 11 Master Agreement Other Post Employment Benefits (OPEB) Actuarial Valuations Pursuant to the award of RFP NCT-2017-02 (Other Post Employment Benefits (OPER) Actuarial Valuations) by the North Central Texas Council of Governments (NCTCOG), this agreement confirms the terms under which hereinafter referred to as 'CONTRACTING GOVERNMENT' has endagdd Gabriel, Roeder, Smith & Co. hereinafter referred to as "GRS" to perform actuarial consulting services. in as much as this relationship will involve several actuarial reviews and other services that will be governed by the Request for Proposal (RFP # NC17-2017- 02) Issued by NCTCOG on January 4, 2017 and our contract with NCTCOG, we have agreed to establish this "master agreement" defining the general terms and conditions for all work performed for the CONTRACTING GOVERNMENT. This agreement will not, by itself, authorize the performance of any services. Rather specific services will be authorized through a separate engagement letter that references this master agreement and details the services to be provided and the required fees. In the event of an inconsistency between this master agreement and an individual engagement letter, the master agreement will be followed. As described in the above referenced Request for Proposal the following terms apply: A. Tax Exempt Entitles. CONTRACTING GOVERNMENT is exempt from manufacturer's federal excise tax and states sales tax. Tax exemption certificates will be issued upon request. B. Role of NCTCOG. NCTCOG has served as a facilitator to the RFP and award process but the contractual relationship is between GRS and the CONTRACTING GOVERNMENT. C. Amexate information. GRS agrees to supply the CONTRACTING GOVERNMENT with the specified results from the valuations and to aggregate that information with that of other governments for the purpose of benchmarking. D. Fees. GRS agrees to follow the attached pricing schedule ("Attachment A") for pricing of its services. Fees are subject to inflation adjustments starting in January of 2019. The fees associated with each valuation cycle will be provided in a separate engagement letter. E. Review of Chames. CONTRACTING GOVERNMENT has the right to review the supporting documentation for any hourly charges or out of pocket expenses assessed to the CONTRACTING GOVERNMENT under the fee schedule, on iemaM 1KG R C C v J onsulCing F. Termination. Both CONTRACTING GOVERNMENT and GRS will have the right to terminate this agreement through written notice. CONTRACTING GOVERNMENT will pay any charges or prorate fees incurred to the date the termination notice is received and actuary will cease any in progress work unless specific stopping points are provided In the letter. G. Work Product. The final work product will be the property of the CONTRACTING GOVERNMENT to be used as stated in the specific engagement letter. Ancillary use of the product is permitted, but GRS Is not responsible for the reliability of those projections. It is understood that all reports are subject to the open records laws of the State of Texas and the contracting jurisdiction. H. Independent Contractor. All the services provided by GRS will be as an independent contractor. None of the terms in the engagement letter will be interpreted to create an agency or employment relationship. I. Term. The term of this master agreement will be governed by the afore referenced NCTCOG RFP and will expire on June 30, 2023. J. Complete Agreement. This agreement combined with the specific engagement letter and as clarified by the RFP and Proposal set forth the entire agreement between the CONTRACTING GOVERNMENT and GRS. K. indemnification. GRS covenants and agrees to indemnify and hold harmless and defend and does hereby Indemnify, hold harmless, and defend CONTRACTING GOVERNMENT, Its officers and employees, from and against any and all suits or claims for damages or injuries, Including death, to persons or property, whether real or asserted, arising out of any negligent act or omission on the part of the contractor, Its officers, agents, servants, employees, or subcontractors, and the contractor does hereby assume all liability for Injuries, claims or suits for damages to persons, property, or whatever kind of character, whether real or asserted, occurring during or arising out of the performance of this contract as a result of any negligent -act or omission on the part of the contractor, Its officers, agents, servants, employees, or subcontractors to the extent permitted by law. Please review this master agreement letter and the attached schedules and indicate your acceptance by having an official of CONTRACTING GOVERNMENT sign below. i L. Force Maleure. A force majeure event shall be defined to Include governmental decrees or restraints, acts of God (except that raln, wind, flood or other natural phenomena normally expected '. for the locality, shall not be construed as an act of God), work stoppages due to labor disputes or strikes, fires, explosions, epidemics, rlots, war, rebellion, and sabotage. if a delay or failure of �. performance by either party to this contract results from the occurrence of a force majeure event, j the delay shall be excused and the time fixed for completion of the work extended by a period { equivalent to the time lost because of the event. (G R S Cilm'Iting M. Professlonal standards. GRS will provide qualified personnel for each engagement and follow all professional standards ascribed by the American Academy of Actuaries and the Governmental Accounting Standards Board. GABRIEL, ROEDER, SMITH & CO By: G--. Title: C C- C� CONTRACTING GOVERNMENT By Title: (G R:S. t;. Date: 0 If a.. viz - Date: , 1 f71 aI L3 Vol. 3 I a Pg. L7Bz_ ATTACHMENT A Pricing Schedule — Calendar Years 2017 and 2018 * The impact of plan changes which are deemed significant need to be measured under GASB 74/75. A Basic or Non -Basic fee will apply anytime a plan change impact needs to be separately measured. No fee will apply if GRS has already measured the:lmpact of the plan change. ** GRS fees are based on receiving census and claims data In the requested format. if data is provided In a different format or in multiple files, GRS will discuss an "out -side of scope" data fee charge with the Client before proceeding with the valuation. t Retirement I G R S consutaZ �M • Plan Basic Services Governments by Total OPER Participants (Actives and Retirees) Annual Biennial PI less than 100 $7,200 .$9,400 P2 Between 100 to 199 $7,200 $9,400 i P3 Between 200 and 499 '$7,900 •$10,200 •P4 Between 500 and 999 $9,400 $111800 PS Between 1,000 and 2,499 $10,700 ; .., .$13,200 P6- Between 2,500 and 4,999 $11,600 $14,200 I P7 Between 5,000 and 7,500 $14,700 $17,400 j P8 Greater than 7,500 $17,800 $20,600 Plan Features Resulting in Additional Cost (Discount) to Basic Services Annual Biennial P9 Self -Insured Healthcare Plans $2,100 $2,100 P10 Cost peradditional healthcare plan option (high deductible, HMO, PPO etc.) $600 $600 P11 1 Cost per additional retirement plan covered by the same OPER plan $1,700 $1,700 P12 implicit subsidy only plans 42,000 -$2,000 P13 Plan change not previously valued (Basic)* $1,300 $1.300 P14 - Plan change not previously valued (Nan -Basic)* To be quoted To be quoted P15 OPEB Trustor Equivalent Arrangement $500 $1,250 P16 Single Discount Rate Test $1,000 $4000 ` P17 Data Processing Charge** • To be quoted To be quoted * The impact of plan changes which are deemed significant need to be measured under GASB 74/75. A Basic or Non -Basic fee will apply anytime a plan change impact needs to be separately measured. No fee will apply if GRS has already measured the:lmpact of the plan change. ** GRS fees are based on receiving census and claims data In the requested format. if data is provided In a different format or in multiple files, GRS will discuss an "out -side of scope" data fee charge with the Client before proceeding with the valuation. t Retirement I G R S consutaZ �M • *Fee for In-person meeting/presentation does not include travel expenses. Fees for travel outside the Dallas/Fort Worth metroplex will be the responsibility of the employer. **Fee will be reduced by $1,000 if a Blended Discount Rate test is not needed. PRICING ASSUMPTIONS a. Pricing assumes that all participating entitles offer basic vision and dental and life insurance to employees and retirees b. Pricing assumes for annual valuations: 50% paid upon initiation of the work and 50% upon receipt of the draft report. For biennial valuations 30% upon initiation of the work, 409'6 upon delivery of the draft valuation and 30% upon delivery in the second year of the rolled forward report. c. Number of OPEB participants will be determined as of the date the valuation is performed. d. Pricing will be held constant until January 2019 (approximately one and half years after contract award) and then be adjusted In relation to the Consumer Price index -All Urban Consumers annually for each of the remaining six years. Starting in January 2019, the fees increase based on the November over November increase to the CPI -U. For example, the fees for 2019 would be increased by the change in the CPI -U from November 2017 to November 2018. Annual fee increases must be approved by the NCTCOG, and the NCTCOG has the right to limit the CPI related fee increase in any year. Once an annual or biennial valuation fee is agree to, CPI related fee increases would not impact the valuation fee for that particular valuation cycle. CPI related fee increases would apply to the next valuation cycle. .,,,fG RS Covnsuli n t Vol. Pg. r Optional Services 01 Updating actuarial valuations to the measurement date.. $1,500 02 Upgrade roll -forward to full valuation 03 Plan only reporting package for separately issued financial statements 04 Cost Sharing schedules for primary government and component units To be quoted 05 Pricing valuation for OPEB plan changes (Basic) $1;300 06 Pricing valuation for OPER plan changes (Non -Basic) To be quoted'i 07 Experience Study To be quoted Consulting on active health plans: 08 Pricing of premiums for self-insured health'plans T61ie quoted 09 Cost trend analysis To he quoted 010 Hourly rate for additional services -responsible actuary - $330` Oil Hourly rate for other actuarial staff $215- 012 Hourly rate for additional services -support staff $185. 013 In person meeting/presentation-per meeting* _ $1,300 014 Calculation of an Actuarially Determined Contribution To be quoted 015 Money -weighted, rate of return $500 016 Initial GASB 75 report based on roll -forward of a previously completed GRS GASH 45 Valuation $2,500 017 Initial GASB 74/75 report based on Roll -forward of a previously completed GRS GASB 45 Valuation" $4,000 *Fee for In-person meeting/presentation does not include travel expenses. Fees for travel outside the Dallas/Fort Worth metroplex will be the responsibility of the employer. **Fee will be reduced by $1,000 if a Blended Discount Rate test is not needed. PRICING ASSUMPTIONS a. Pricing assumes that all participating entitles offer basic vision and dental and life insurance to employees and retirees b. Pricing assumes for annual valuations: 50% paid upon initiation of the work and 50% upon receipt of the draft report. For biennial valuations 30% upon initiation of the work, 409'6 upon delivery of the draft valuation and 30% upon delivery in the second year of the rolled forward report. c. Number of OPEB participants will be determined as of the date the valuation is performed. d. Pricing will be held constant until January 2019 (approximately one and half years after contract award) and then be adjusted In relation to the Consumer Price index -All Urban Consumers annually for each of the remaining six years. Starting in January 2019, the fees increase based on the November over November increase to the CPI -U. For example, the fees for 2019 would be increased by the change in the CPI -U from November 2017 to November 2018. Annual fee increases must be approved by the NCTCOG, and the NCTCOG has the right to limit the CPI related fee increase in any year. Once an annual or biennial valuation fee is agree to, CPI related fee increases would not impact the valuation fee for that particular valuation cycle. CPI related fee increases would apply to the next valuation cycle. .,,,fG RS Covnsuli n t Vol. Pg. r RENEWAL CHECK LIST 3/2/2020 Vol. 31a, Pg. , L c .� Lani L. Maness From: Bruce L. Erratt Sent: Friday, February 28, 202011:49 AM To: Lani L. Maness; Edward C. Bull Subject: RE: Renewal of Actuarial Services Approved. Bruce From: Lani L. Maness Sent: Friday, February 28, 202011:44 AM To: Edward C. Bull <EBull@brazoscountytx.gov>; Bruce L. Erratt <B Erratt@ bra zosco untytx.gov> Subject: Renewal of Actuarial Services Auditors office has requested another GASB 75 Valuation Report done in FY20. Please find attached the renewal (Engagement Letter) and the master documents forthis. Please review and approve. ?'hanks, .Cani Maness, C7CD Senior Buyer Brazos County Purchasing Dept. 200 S. Texas Ave., Suite 352 Bryan, TX 77803 P 979:361.4284 F 979.361.4293 IVol. 3la P9. �e, North W Texas SHARE Your Public Sector Solutions Center For NCTCOG Use Only ILA No: MASTER INTERLOCAL PURCHASING AGREEMENT THIS MASTER INTERLOCAL AGREEMENT ("ILA"), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act"), by and between the North Central Texas Council of Governments, hereinafter referred to as "NCTCOG," having i s principal place of business at 616 Six Flags Drive, Arlington, TX 76011, and, a local government, a state agency, or a non-profit corporation created and opera d to provide one or more governmental functions and services hergi after referred to as "Participant," havin its principal place of business at ao� S. T-�i�S RV6 _332 ��n tr AM( _t't SU WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, in reliance on such authority, NCTCOG has instituted a cooperative purchasing program under which it contracts with eligible entities under the Act; and WHEREAS, Participant has represented that it is an eligible entity under the Act, that it is authorized to enter into this Agreement on I n 131 1-7 (Date), and that it desires to contract with NCTCOG on the terms set forth below; NOW, THEREFORE, NCTCOG and the Participant do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG under the Act for the purposes recited herein because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state, or a combination of two or more of those entities, a state agency (an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non-profit corporation created and operated to provide one or more governmental functions and services, and (2) it possesses adequate legal authority to enter into this Agreement. ARTICLE 2: SCOPE OF SERVICES The Participant appoints NCTCOG its true and lawful purchasing agent for the purchase of certain products and services ("Products" or `'Services") through the North Texas SHARE program. Participant will access the Program through www.NorthTexasSHARE.org. All purchases under this Agreement shall comply with applicable Texas competitive bidding statutes as well as the specifications, contract terms and pricing applicable to such purchases. NCTCOG may also serve as a coordinating agent to administer the use of eligible Participant contracts to other participants of North Texas SHARE. The eligibility of such contracts will be determined by incorporation of coordinating agent authorization in Participant's solicitation documents. Title to all products purchased under the North Texas SHARE program shall be held by Participant unless otherwise agreed. Nothing in this Agreement shall preclude the Participant from purchasing Products and/or Services offered in the North Texas SHARE program directly from the vendor/supplier. North QD Texas SHARE Your Public Sector Solutions Center For NCTCOG Use Only ILA No; ARTICLE 3: PAYMENTS Upon delivery of goods or services purchased and presentation of a properly documented invoice, the Participant shall promptly, and in any case within thirty (30) days, pay the contracted provider the full amount of the invoice. All payments for goods or services will be made from current revenues available to the paying party. In no event shall NCTCOG have any financial liability to the Participant for any goods or services Participant purchases through the North Texas SHARE program. ARTICLE 4: PERFORMANCE PERIOD This. Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed and will remain in full force and effect for one(]) year. This Agreement shall automatically renew for successive one-year terms unless sooner terminated in accordance with Article 6 below. Any modification of this Agreement must comply with the requirements of Article 5 below. ARTICLE 5: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by both parties, except that any alternations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. NCTCOG reserves the right from time to time to make changes in the scope of products and services offered through the North Texas SHARE program. ARTICLE 6: TERMINATION PROCEDURES NCTCOG or the Participant may cancel this Agreement for any reason and at any time upon thirty (30) days written notice by certified mail to the other party to this Agreement. The obligation of the Participant to pay for any Service and/or Products purchased under this Agreement, shall survive such cancellation, as well as any other Participant costs incurred prior to the effective date of the cancellation. ARTICLE 7: APPLICABLE LAWS NCTCOG and the Participant agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations, and ordinances and -laws in effect or promulgated during the term of this Agreement. ARTICLE 8: DISPUTE RESOLUTION The parties to this Agreement agree to the extent possible and not in contravention of any applicable state or federal law or procedure established for dispute resolution, to attempt to resolve any dispute between them regarding this Agreement informally through voluntary mediation, arbitration or any other local dispute mediation process before resorting to litigation. ARTICLE 9: MISCELLANEOUS a. This Agreement has been made under and shall be governed by the laws of the State of'1'exas. Venue and jurisdiction of any suit or cause of action arising under, or in connection with, this Agreement shall lie exclusively in Tarrant County, Texas. b. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective entities. C. This Agreement and the rights and obligations contained herein may not be assigned by either party without the prior written approval of the other party to this Agreement. Vol. 31 Pg..93 North Texas For NCTCOG Use Only SHARE ILA No: Your Public Sector Solutions Center d. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. e. To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeurc shall not excuse an obligation solely to pay funds. f. This Agreement and any attachments/addendums, as provided herein, constitute the complete agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: North Central Texas Council of Governments North Texas SHARE 616 Six Flags Drive, Arlington, Texas 76011 V Azly ::S= n -ue r NCTCOG Executive Director or Designee ignature of Executive Director or Designee Date uD n Name of Participant Agency Mailing Address —ry J i A City ,13 State Zip l nd Title of an ffi ial or nee Signature Date Vol..— BUSINESS ASSOCIATE AGREEMENT This BUSINESS ASSOCIATE AGREEMENT (this "Ageement") is entered into by and between GABRIEL, ROEDER, SMITH & COMPANY, a Michigan corporation ("GRS") and Brazos County, TX (the "Plan" (together, the "Parties"), effective as provided below. RECITALS WHEREAS, the Plan is a "covered entity" within the meaning of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (45 CFR Parts 160-164) ("HIPAA") and the requirements of the Health Information Technology for Economic and Clinical Health Act, as incorporated in the American Recovery and Reinvestment Act of 2009 (the "HITECH Act"; HIPAA and the HITECH Act are collectively referred to in this Agreement as "HIPAA/HITECH"); and WHEREAS, GRS has entered into an agreement with Brazos County, TX acting on behalf of the Plan, to provide certain consulting and/or actuarial services in connection with the Plan (the "Service A erg_ement"); and WHEREAS, HIPAA/HITECH requires covered entities such as the Plan to obtain and document satisfactory assurances from "business associates" (as defined therein) regarding appropriate safeguarding of certain "protected health information" (as defined therein) received or created by the business associate (a `BA Agreement"); and WHEREAS, GRS, in the performance of its services in connection with the Plan, is a "business associate" within the meaning of HIPAA/HITECH; and WHEREAS, the Parties desire to enter into an agreement intended to satisfy the BA -Agreement requirement as and to the extent such requirement may be applicable. NOW, THEREFORE, in consideration of the premises and the respective covenants and agreements herein contained, the Parties agree as follows: AGREEMENT 1. Definitions Capitalized terms not expressly defined in this Agreement shall have the meanings as defined in HIPAA/HITECH. For purposes of this Agreement: (a) "Data Aggregation" shall have the same meaning as the term "data aggregation" in 45 CFR 164.501. (b) "Designated Record Set" shall have the same meaning as the term "designated record set" in 45 CFR 164.501 in respect of the Plan. (c) "Effective Date" shall have the meaning as set forth in Section 5(a) of this Agreement. (d) "Individual" shall have the same meaning as the term "individual" in 45 CFR 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g). 13743533.2 (e) "Plan Administrator" shall mean the person(s) or office(s) with the discretionary authority to act on behalf of the Plan on matters relating to HIPAA/HITECH and this Agreement. (fl "HIPANHITECH" shall have the meaning as set forth in the RECITALS portion of this Agreement. (g) "Protected Health Information" shall have the same meaning as the term "protected health information' in 45 CFR 160.103, but limited to the information receivedor created by GRS from or on behalf of the Plan. (h) "Required by Law" shall have the same meaning as the term "required by law" in 45 CFR 164.103, to the extent not preempted by Federal law. (1) "Secretary" shall mean the Secretary of the Department of Health and Human Services or his designee. 0) "Service Agreement" shall have the meaning as set forth in the RECITALS portion of this Agreement. (k) "Significant Breach" shall mean a pattern of activity or practice that constitutes a material breach or violation of this Agreement in the written opinion of legal counsel for the Plan. For purposes hereof, a "pattern of activity or practice" shall consist of at least three (3) discrete acts and/or omissions within a period of not more than 180 consecutive days. 2. Obligations of GRS GRS agrees to: (a) not use or disclose Protected Health Information other than as permitted or required by this Agreement or as Required By Law; (b) use appropriate safeguards and comply, where applicable, with the Security Standards for the Protection of Electronic Protected Health Information set forth in 45 CFR Part 164, Subpart C with respect to electronic protected health information, to prevent use or disclosure of the Protected Health Information other than as provided for by this Agreement; (c) report to the Plan Administrator any use or disclosure of Protected Health Information not provided for by this Agreement of which it becomes aware, including breaches of unsecured Protected Health Information as required by 45 CFR 164.410; (d) in accordance with 45 CFR 164.502(e)(1)(ii), ensure that any subcontractors that create, receive, maintain, or transmit Protected Health Information on behalf of GRS agrees to the same 'restrictions and conditions that apply through this Agreement to GRS with respect to such information; provided that the Plan shall not have any right to disapprove any subcontractors of GRS or to review any agreements with such subcontractors, except to the extent specifically provided herein or in the Service Agreement; 13743533.2 2 VOL Pg•�"-I (e) provide, in a commercially reasonable time and manner, access to Protected Health Information to the Plan Administrator to the extent necessary to meet the requirements under 45 CFR 164.524, provided that (i) such access shall be provided only to the extent such Protected Health Information is in the possession of GRS and maintained in a Designated Record Set and (ii) the Plan shall reimburse to GRS any of the following costs incurred in providing such access: (i) copying (including the cost of supplies and labor); (ii) postage; and (iii) preparation of an explanation or summary of the Protected Health Information; (f) make, in a commercially reasonable time and manner, any amendment(s) to Protected Health Information that the Plan Administrator directs or agrees to pursuant to 45 CFR 164.526, provided that such amendment(s) shall be made only to the extent. such Protected Health Information is in the possession of GRS and maintained in a Designated Record Set; (g) make available to the Plan Administrator, in a commercially reasonable time and manner, information in the possession of GRS as and to the extent required for the Plan to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528; (h) to the extent GRS is to carry out the Plan's obligations regarding Privacy of Individual Identifiable Health Information set forth in 45 CFR Part 164, Subpart E (the "Privacy Requirements"), comply with the Privacy Requirements that apply to the Plan in GRS' performance of such obligations; and (i) make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from the Plan, or created or received by GRS on behalf of the Plan, available to the Secretary for purposes of the Secretary determining the Plan's compliance with the Privacy Requirements. 3. Permitted Uses and Disclosures by GRS (a) General Use and Disclosure Provisions. Except as otherwise limited in this Agreement, GRS may use or disclose Protected Health Information to perform its duties, functions, activities, or services for, or on behalf of, the Plan, provided that such use or disclosure would not violate (i) HIPAA/HITECH if done by the Plan or (ii) the minimum necessary policies and procedures of the Plan as and to the extent intended to comply with HIPAA/HITECH and communicated by the Plan Administrator to GRS. (b) Specific Use and Disclosure Provisions. (i) GRS may use Protected Health Information for the proper management and administration of GRS or to cant' out the legal responsibilities of GRS. (ii) Except as otherwise restricted by this Agreement, GRS may disclose Protected Health Information for the proper management and administration of GRS or to carry out the legal responsibilities of GRS, provided that: (A) disclosures are Required By Law, or 13743533.2 3- vd: 31Q- P9. ��. (B) GRS obtains reasonable assurances from the person to whom the information is disclosed that it will be held confidentially and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and the person notifies GRS of any instances of which it is aware in which the confidentiality of the information has been breached. (iii) Except as otherwise limited in this Agreement, GRS may use Protected Health Information to provide Data Aggregation services as permitted by 45 CFR 164.504(e)(2)(i)(B). (iv) GRS may use or disclose Protected Health Information to report violations of law to appropriate Federal and/or State authorities, consistent with 45 CFR 164.5020). (v) Except as otherwise limited in this Agreement, GRS may disclose Protected Health Information to other "business associates" (within the meaning of HIPAA/HITECH) of the Plan (i) as directed by the Plan Administrator or (ii) to perform its duties under the Service Agreement. Notwithstanding any provision hereof or any other prior agreement by the Parties, it shall be the Plan's sole responsibility (and not GRS's responsibility) to ensure that the Plan has entered into appropriate business associate agreements with (or has obtained similar written assurances from) its business associates. (vi) Except as otherwise limited in this Agreement, GRS may disclose Protected Health Information to the Plan's sponsoring employer(s) as directed by the Plan Administrator; provided that the Plan Administrator shall include in such direction the specific person(s) or official(s) to whom such disclosure shall be made. Notwithstanding any provision hereof or any other prior agreement by the Parties, it shall be the Plan's sole responsibility (and not GRS's responsibility) to ensure that the Plan has, in its official plan document, an appropriate provision regarding disclosures of Protected Health Information to any sponsoring employer of the Plan. 4. Obligations of the Plan and Plan Administrator (a) General. Except as otherwise specifically provided under this Agreement, the PIan shall not request or permit GRS to (and shall not cause the Plan Administrator to request or permit GRS to) use or disclose Protected Health Information in any manner that may not be permissible under HIPAA/HITECH if done by the Plan. (b) Notification of Privacy Practices and Restrictions. The Plan shall cause the Plan Administrator to promptly notify GRS of (i) the name or office of each person authorized to act as the Plan Administrator for purposes of this Agreement, and any changes thereto; (ii) any limitations) in the Plan's notice of privacy practices in accordance with 45 CFR 164.520, to the extent that such limitation may affect GRS's use or disclosure of Protected Health Information; 13743533.2 4 Vol. pg. Pg.�. (iii) any changes in, or revocation of, permission by an Individual regarding use or disclosure of Protected Health Information relating to that Individual, to the extent that such changes may affect GRS's use or disclosure of Protected Health Information; (iv) any restriction to the use or disclosure of Protected Health Information that the Plan has agreed to in accordance with 45 CFR 164.522, to the extent that such restriction may affect GRS's use or disclosure of Protected Health Information; and (v) any policies and procedures of the Plan to the extent that such policies or procedures may affect GRS' use or disclosure of Protected Health Information. 5. Term and Termination (a) Term. The term of this Agreement shall be for a period commencing as of the later of (i) September 15, 2017 or (ii) the first date as of which HIPAA/HITECH applies to the Plan (the "Effective Date"), and ending when all of the Protected Health Information provided by the Plan to GRS, or created or received by GRS on behalf of the Plan, is destroyed, returned to the Plan or further protected in accordance with the termination provisions in this Section 5. (b) Termination for Cause. Upon the Plan Administrator's knowledge of a Significant Breach of GRS's obligation under this Agreement and subject to Section 5(c) hereof, the Plan Administrator may commence termination of this Agreement by providing a notice of termination to GRS. Notwithstanding the foregoing, this Agreement shall be considered to have been terminated pursuant to this Section 5(b) only if, prior to such notice of termination: (i) the Plan Administrator shall have given to GRS written notice describing with specificity the Significant Breach; (ii) a period of 60 days from and after the giving of such notice shall have elapsed without GRS's having substantially cured or remedied such reason for termination during such 60 -day period, unless such reason for termination cannot be substantially cured or remedied within 60 days, in which case the period for remedy or cure shall be extended for a reasonable time (not to exceed 60 days), provided that GRS has made and continues to make a diligent effort to effect such remedy or cure; and (iii) a final determination shall have been made by the Plan Administrator that the Significant Breach persists, following a meeting at which GRS shall be entitled to appear and contest the determination. (c) Condition Precedent. Upon receipt of a notice of termination pursuant to Section 5(b) hereof, or for termination of this Agreement for any other reason, GRS shall return or destroy all Protected Health Information received from the Plan, or created or received by GRS on behalf of the Plan, that GRS still maintains in any form, and shall retain no copies of such information, except that if GRS determines that such return or destruction is not feasible, GRS shall extend the protections of this Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible. 23743533.2 Vol. 3 Pg. (d) Report to Secretary of HHS. If, in the reasonable determination of the Plan Administrator, termination of the Agreement pursuant to Section 5(b) hereof is not feasible, the Plan Administrator shall report the Significant Breach to the Secretary. 6. Other Provisions (a) Separate from Service Agreement. Notwithstanding anything herein to the contrary, this Agreement shall not be construed, and is not intended, to be a part of any Service Agreement or to otherwise impose on GRS any duties, responsibilities, obligation whatsoever in respect of the administration of the Plan, including any duties, responsibilities or obligation of the Plan pursuant to HIPAA/HITECH. (b) No Liability. To the fullest extent permitted by law, GRS shall be under no liability for any use or disclosure made in accordance with the directions of the Plan Administrator or other Plan representatives. (c) No Duty to Question. Notwithstanding anything herein to the contrary, GRS shall not be under any duty to question any directions received from the Plan Administrator, nor to review in any respect the manner in which any fiduciary of the Plan exercises its authority and discharges its duties with respect to the Plan. (d) Amendment. The Parties agree to take such action to amend this Agreement from time to time as is necessary for the Plan to comply with the requirements of HIPAA/HITECH. (e) Ambiguities. ties. Any ambiguity in this Agreement shall be resolved in a manner that is consistent with the applicable requirements under HIPAA/HITECH. (f) Notice. Any notice required to be given hereunder shall be in writing and delivered by hand or sent by facsimile, registered or certified mail, return receipt requested, or by air courier, to the address (or fax number) cited in the signature block of this Agreement or to such other address (or fax number) as shall be specified by like notice by either Party, and shall be deemed given only when received. (g) Headings. The title, headings, and subheadings of this Agreement are solely for the convenience of the Parties and do not affect the meaning or interpretation of any provision of this Agreement. (h) Governing Law and Venue. Without limiting the venue and jurisdiction of any Federal Court or other State Court, the Parties irrevocably and unconditionally agree that any suit action or other legal proceeding arising out of or relating to this Agreement shall be ' brought in the courts of record of the State of Texas in Brazos County. Additionally each party consents to the jurisdiction of such court in any such suit action or proceeding and waives any objection which it may have to the laying of venue of any such suit or proceeding in such court. (i) Dispute Resolution. In the event a dispute arises between the County and the Consultant concerning the performance of this Contract, the parties agree to meet, and negotiate in good faith, in order to attempt to resolve the dispute. Said meeting shall take place within thirty (30) days after one party sends the other party written notice identifying the cause or reason for the dispute and requesting a meeting. The County and the Consultant agree that neither party will file any lawsuit for the purpose of resolving a dispute, or exercise its right to terminate the Contract, until sixty (60) days after the date on which the parties held their final meeting to resolve the dispute. The Parties may also mutually agree to resolve the 13743533.2 va. 31� Po.100_ dispute through non -court action including, but limited to, binding arbitration.. (j) Entire Agreement. This Agreement contains the entire understanding between the Plan and GRS with respect to the subject matter hereof and, except as specifically provided herein, cancels and supersedes any and all other agreements between the Plan and GRS with respect to the subject matter hereof. Any - amendment or modification of this Agreement shall not be binding unless in writing and signed by both the Plan and GRS. (k) Severability. In the event that any provision of this Agreement is determined to be invalid or unenforceable, the remaining terms and conditions of this Agreement shall -be unaffected and shall remain in full force and effect, and any such determination of invalidity or unenforceability shall not affect the validity or enforceability of any other provision of this Agreement. (1) No Benefit to Others. The representations, covenants and agreements contained in this Agreement are for the sole benefit of the Parties, and they shall not be construed as conferring, and are not intended to confer, any rights on any other persons. (m) Counterparts. This Agreement may be signed in counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. IN WITNESS WHEREOF; the Parties have entered 'into 'this Business Associate. Agreement, effective as of the Effective Date. CO Y, TX Date: a 9— By: Name: U Q. - Title: Title: C.5..�, v V Date: September 15, 2017 13743533.2 Address: c4- 0 o a M,! Fax Number: �'J, `` cl-- c5 (v 1 - GABRIEL, ROEDER, SMITH & COMPANY ME Name: Christine Scheer Title: Corporate Secretary Address: One Towne Square, Suite 800 Southfield, Michigan 48076 Fax Number: (248) 799-9020 Vol. 3l a— Pg. 1� I BATHROOMS FOR BOONVILLE HERITAGE PARK CONTRACT BRAZOS COUNTY PURCHASING DEPT. ' 200 S. Texas Ave., Ste. 352 Contract No: CIP 20-634 Bryan, Texas 77803 Page 1 of 10 Pages Telephone (979) 361-4292 GENERAL REQUIREMENT FOR CONTRACT I, To 1.,. P%,4 mah as a duly authorized representative of Asia., f as:1 52 4W "Contractor" willingly attest to perform (or deliver) as per Buyboard Contract # 592-19 and Turnkey Quotation "Exhibit A" for Brazos County. I fiuther agree to all of the provisions and specifications contained in this contract. PROJECT TIMELINE: Project will start only after County receives the required bonds, insurance, work schedule and after a'Purchase order has been issued to the vendor by the County. Project shall be completed by September 30, 2020. PREVAILING WAGES RATES The contractor shall be responsible for following all provisions of Chapter 2258 of the Government Code relating to the payment of prevailing wages only while performing services on Brazos County property. This will not be required while the building is being built at the manufacturing plant by the contractor. The wage rates to be used are included in Exhibit B attached. A contractor or subcontractor who violates this section shall pay Brazos County $60 for each worker employed for each calendar day or part of the day the worker is paid less than the wage rates* stipulated in Exhibit B. BONDING REQUIREMENTS The contractor will be required to bond each project individually. The successful bidder must provide to the Purchasing Department, a performanc-e-'Fona ana a payment-ESo—nd;-each in the-amunt--of 100°/"f each project sum ten (10) calendar days prior to start of work for each project. Such bonds shall be executed by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better. BRAZOS COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY SURETY COMPANY PROPOSED BY THE BIDDER. IN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY COMPANY THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos .County Commissioners Court. Should there be a change in ownership or management; the VAI. Contract No. CIP 20-634 BRAZOS COUNTY, TEXAS Page 2 of 10 Pages. contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present.provisions and prices. AWARD • Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. The County reserves the right to accept or reject in part or in whole, any 1Qs submitted, and to waive any technicalities for the best interest of the County. BIDDERS RESPONSIBILITY It is the bidder's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification number and signed by an authorized representative of the firm. Failure to provide signature on the Certification of Bid Form renders bid non-responsive. Failure to complete the submission of all required forms, including but not limited to the Reference Page, House Bill 89 & Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a response to'this solicitation, the bidder agrees to comply with HB 1295, Government Code 2252.908. Bidder agrees to provide Brazos County the "Certificate of Interested Parties", Form 1295 as required, pending award, renewal, amended or extended contract. Visit https://ethics.state,tx.us/whatsnew/elf info_f?orml295.btm for more information. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge, or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign contracts for Brazos County. Binding contracts shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those stee on a pure apse order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeior. Any and all price escalations shall not be accepted and shall be considered a non -response. HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability. and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed Vol. pg, 103- Contract No. CIP 20-634 BRAZOS COUNTY, TEXAS Page 3 of 10 Pages under terms of this contract, Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met -to its satisfaction, including the submission to Brazos County of any and all documentation as may -be required. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at thie' point or points of delivery. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties, In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts for services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to contractors will not be made if the contractor cannot produce a Brazos County Purchase Order. Contractor shall submit an original invoice on each purchase order or purchase release after _ each delivery, indicating the purchase order number, Invoices must be itemized. Any invoice, which cannot be verified by the contract puce and or i7 olhervv�"se mcorre ; shail�e`�oire�tezlYby-the —�— contractor. Brazos County will only be required to pay for materials actually received and/or services actually provided. Brazos County shall not be required to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. 'This term supersedes any contradicting terms throughout the contract and/or any attachments. When multiple deliveries and/or services are required, the contractor may invoice following each delivery or performance of service and Brazos County will pay on invoice with iii thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract, Prior 'to any and all payments made for goods and/or services provided under this contract, the contractor should provide their Taxpayer Identification Number or Social Security number as applicable. This information must be on file with Brazos County Contract No, CIP 20-634 BRAZOS COUNTY, TEXAS Page 4 of 10 Pages Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. Retainage of 5% will be withheld from each invoice for the duration of the contract until the County accepts the work as 100% complete and receives all warranties, manuals, releases of lien and other closeout documents. Upon acceptance by the County, retafnage will be released to the contractor. PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated an the Pricing/Delivery Information form, Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink•or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309,. as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict of interpretation of any part of this overall contract, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this contract and any other terms, conditions, provisions, and specifications provided by the contractor; the terms of this contract shall supersede. GOVERNING LAW AND VENUE This bid solicitation is governed by the laws of the State of Texas, specifically, the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements sBall be'fiilly governe'a�iy�lie�laws oche State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. Potential vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gills that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. vos. 31 D— Pg.10-6 Contract No. CIF 20-634 BRAZOS COUNTY, TEXAS Page 5 of 10 Pages DISQUALIFICATION OF OFFEROR Upon signing this contract, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state, codified in Texas Business and Commerce Code §15,01, et seq,, as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business, Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. Requests to withdraw a submitted bid or proposal are subj ect to the approval of the Purchasing Agent. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of, specifications as to any detail, or the apparent omission.from it of.a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or *to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice.. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The contractor(s) before starting work for Brazos County, must furnish Brazos County -a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the contractor is covered by the insurance as follows:.. (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000,000. In the event any work is sublet, the contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on Vol. BRAZOS COUNTY, TEXAS Contract No. CiP 20-634 Page 6 of 10 Pages behalf of the subcontractor. Waiver of subrogation is required. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for alts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies will be acceptable without prior 9pproval by the Commissioners Court/Risk Management, (3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit, in all self- propelled vehicles used in connection with the contract, whether owned, non -owned or hired. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County. LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter. into certain terms and conditions of the contract, including, - but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or -settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any contract terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGES/WAGES Nothing in this contract shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the contractor's employees and/or equipment. Nothing in the.contract shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the contractor. The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this contract and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this contract. The parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the. contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: von. �_ pg. lu7 BRAZOS COUNTY, TEXAS CONTRACTOR: Sales Contact Name: Ho -1 Ho- A i r -F C BRAZOSCOUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 Phone Number: Billing 4-1 Z- Z ZZ r SLt,5q T mm l Contract No. CIP 20-634 Page 7 of 10 Pages FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions and renewals thereto. WAIVERS No waiver by either party hereto of any term or condition of this contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. ENTIRE CONTRACT This contract represents the entire and integrated agreement between Brazos County and the contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This contract may only be amended by, written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the contractor shall be retained and made available by the contractgr for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of t�he-Sta�e oT'Tezas—, Inspector �eneiaT"or.'duly ap�inCeti-law-enforcEment officiais)-and-- - agencies of the United States Government. Such records shall be returned by contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal, law, regarding retention records, contractor shall comply with. such changes. .If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be' terminated if the contractor br vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec, 552.372(b) of the Texas Government Code. Vol. fig. to g Contract No. CIP 20-634 BRAZOS COUNTY, TEXAS Page 8 of 10 Pages AUDIT RESPONSIBILTY The contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal; state or local audit directly related to the provision of this cor tii&ct. The contractor shall repay to Brazos County the full amount received for duplicate. billings, erroneous billings, false or deceptive claims. The contractor recognizes and agrees • that Brazos County may withhold any money due and recover through any appropriate method any money errbneously paid under this contract if evidence exists of less than full compliance with this contract. INDEMNIFICATION The contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its.officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. voi. 31;L Pg. 109 Contract No. C1P 20-634 BRAZOS COUNTY, TEXAS Page 9 of 10 Pages HOUSE BILI, 89 & DEBARMENT VERIFICATION Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order an Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.s=.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Contr91(OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to. participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this. proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently: and 2. Will no boycott Israel during the term of the contract. Pursuant to Section 2270,001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary. business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, - corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: Pl;S ;ri oo rvL Authorized Company Representative: �U l' 0 -7 Co (-{ Ct rd e- r W AAP � Date -1-� 74 7 Contract #; of � Z� Contract No. CIP 20.634 BRAZOS COUNTY, TEXAS Page 10 of 10 Pages CERTIFICATION OF BID The undersigned further affirms the non -debarment statement above, that they are duly authorized execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. Signed By: Title: IG 5 LD CAZ I Typed Name: IJ - -?V -rm A lld Company Name: &5 4-r-Qorx. Phone No, Sl Z -L ZZ �✓�'% f Email Address: ec�r0(Z at) A-wd A -'(k • cowl Mailing Address: J-707 60 14- W`Clet- ALL S. C t5 -rK P. 0, Box or Street 2City tate Zip Employer Identification Number: D a-� ✓ 5- 1Y -- p ved o mi sioner.0 Court on this 1�day of MOJrW 020 by Holding the position of , �,Os trmmu�i Exhibit A a Restroom f Facilities Ltd i ,- Aca creh[p��Y i TURNKEY QUOTATION t PROJECT NAME: BOONViLLE HERITAGE PARK OWNER: BRAZOS COUNTY TEXAS DATE: FEBRUARY 28, 2020 Restroom Facilities Limited (RFL), the Nation's leading speclalized,•restroom designfbuild firm since 1968, offers to furnish and Install, per plans and specifications, subject to our attached Scope of Work, and the Standard Terms and Conditions of Sale, which become part of our offer to sell. BUYBOARD CONTRACT 592-19 RFL BASE MODEL 08212 @ $ 80,624.00 ADD -LOG CABIN SIDING @ $ 10,206.00 ADD - STAINLESS STEEL (2Tollets, I Urinal, 2Lays) @ $ 6,085.00 • ADD - SOLAR TUBES (2) @ $ • 2,160.00 ADD • 2 PAPER TOWEL DiSP S 2 SOAP DISP @ _$ 692.00 TOTALWITH•ADDS $ 98,767.00 DEDUCT -ALL ELECTRICAL COMPONENTS @ �. -9.92$•00 TOTAL @ $ 88,04.4.00 INSTALL @ S A2.b00.—go TOTAL WITH BUY -BOARD DISCOUNT @ $101,344.00 FREIGHT AND CRANE @ $ 17,600,00 PAYMENT AND PERFORMANCE BONDS @ Z.956.Q0 ----�'GTAL Bl1-Y60ARDaIU/-FREiGHI.AND.-CRAN�_.,_.�_ 0121,799.00- .�� � � --- i Note: You must Itemize your purchasing document as shown in this quote. Payment terms: 40% Installment with order; 50% in progress billings during construction; and balance of 10% upon completlon of delivery and instaflatlbn, 5% retention. Payment of 90% must be recelyed by RFL prior to scheduling of delivery and Installation. Thank you for considering RFL as your restroom specialist for this project. V.,initlalictal Page 1 of 9 1707 ColAlrd Marble Falls, Texas 78654 • Phone: 511.122.5454 • www,restroomfacintl6.com FI- �g• iia HOW WE WORK Once plans have been approved and engineer stamped, the manufacturing process begins. Typically, the manufacturing time frame Is approximately 90-120 days and begins with execution of sales order and receipt of approved submittals, color selections and progress payments. It is the responsibility of the Client to respond to color selections In 1-3 days, if this condition is not met it will delay the construction process and the Client may incur additional charges. In -plant inspection reports and certifications wilt be provided by an independent Inspection agency. The client must prepare the site in accordance with the "Scope of Work by Client" attached and coordinate any required on site Inspections. Client is required to provide verification that the site is ready for delivery in accordance of Client's scope of work. Exclusions: A. Sidewalks beyond building slab. B. Site issues beyond the control of RFL. C. Damagp to existing improvements. D. Protection of existing utilities, landscaping, and Improvements. E. If required per geotech report, footing, piers, and/or select fill labor and materials to be provided by others. F. Excavation and backfill of trenches CLIENT'S SCOPE OF WORK TURNKEY INSTALLATION OF RESTRQOM BUILDING WITH ATTACHED SLAB 1. SURVEY STAKES: Provide ten foot offset stakes and locate front corners of building, existing utilities, and inverts within the area of construction. Locate and mark final slab elevation. Detailed instructions to prepare the building site are as follows: 2.1, Excavate down ten inches below the finish floor elevation (the slab is eight inches thick on top of a two inch sand bed). 2.2. Import six inches of % - road base rock, and pour for a footing and/or piers. 2.3. Compact to 95%, or to local code requirement. if RFL installer questions 95% compaction Client will be required to sign off on approval of setting of the building. 2.4. Compact one foot over in all directions (over build). 2.5. Supply approximately five cubic yards of clean sand, on side of site, for fine grading. Initial Initial Page 2 of 9 1707 CD19 Circle, Marble Fails, Texas 76654 • Phone: 512.222.5454 o www.restroomfacilities.com Vol. 312-- pg. 113 2.6. Excavate and backfill trenches up to and within building pad for RFL supplied underground utility service kits, 2.7. Provide water and Inspectioh for RFL supplied underground sewer kit. 2,8. All irrigation should be turned off prior to delivery to allow the surrounding soils to dry and bear the weight of the truck and crane. Any damage to area after verification of path in Is the responsibility of the Client. 2.9. Check comer locations against plans for proper sizing. 2,10. Verify finish floor elevation for concrete slab (shipped fully attached to the building.) 2.11. Excavate one foot -perimeter footing If required by local code to specified depth. 2.12.. Verify that pad Is level and flat and at correct elevation. 3. SiTE ACCESS AND STORAGE: Provide suitable safe clear access to allow a crane (minimum 110 tons), and the building on a semi -trailer (up to 40 tons) to reach site (14' width, 70' length, and 14' in height). If path to site Is over existing utilities, sidewalks, or other damageable areas, proper marking, plating or other appropriate protection must be provided by and paid for by CLIENT. 'CLIENT is responsible for removing any overhead obstructions (i.e. power lines, trees). CLIENT is responsible for scheduling and paying forthe de -energizing of any power lines, if powerlines are not•de-energized in a timely manner any additional truck and / or crane cost will be the responsibility of the Client. CLIENT Is responsible for rerouting or blocking of traffic to ensure safe and clear access, or if required by local or State jurisdiction, to delivery site and will be responsible for associated costs. Upon agreed delivery schedule client will be responsible for additional crane and trucking charges If any delays are incurred due to weather, lack of inspections, lack of pad being prepared, or any other cause for delay.. This proposal provides for a 110 ton crane with access to within 25' of the building pad. The proposal is based on four (4) hours of crane time.. If access is limited a larger crane may be required. All additional crane costs shall be borne by the CLIENT. A direct route to the project site is assumed. Should routes be altered due to road closures or restrictions, additional fees may apply. 4. UTILITIES: Bring water, sewer, and power (if applicable) utilities into point of connection Christy boxes (supplied by RFL),.within six feet of the building line at the location'shown on our plan. 4.1. Water: RFL will furnish a water point of connection (isolation valve), from mechanical chase to a Christy box six feet from the. building line. CLIENT must have a licensed plumber Install and connect service to valve, : 4.2. Sewer. RFL will furnish a sewer point of connection from mechanical.chase to a Christy box six feet from the building line. CLIENT must have a licensed plumber install and connect service. Depth of sewer line (below finished floor elevation) initial 1114einitial Page 3 of 9 1707 Coitlt Clr e, Marble Falls, Texas 78654 • Phone; 512,222.5454 o www.restroomfadlities.com will be approximately 30" at bottom of sewer line at a distance of 6� from building. It is the responsibility of the Client to meet up with RFL's supplied sewer line at this depth. Client will be responsible for hiring of licensed plumber to acquire appropriate plumbing permit, to install prefabricated underground plumbing kit into, pre dug trench, and to make connections between underground stubups and Internal building plumbing located In plumbing chase within the building. RFL Installer will be on site to answer any questions or give direction as to proper installation of said plumbing kit as requested by licensed plumber or client. 4.3. Electrical: (when this option Is chosen) RFL will furnish and install a PVC conduit and a Christy box to the point of connection six feet from the building line. CLIENT to pull the electrical service line through the conduit and connect to the main panel lugs inside the building. All electrical inside the building will be furnished and installed by RFL, except as noted above in exclusions. 4.4. If the utilities are not available and connected to building when we depart the site, an additional charge will be billed to the CLIENT in the amount of 1,500 per day to send an installation crew back to site to flush out plumbing lines, pressurize building plumbing, test for leaks, test all other components of the building (plumbing, sewer, electrical), and conduct a final walk through of the building. 4.5. A minimum 1'/" line with 50 gpm at 60 psi pressure minimum is required to ensure that water closets -will operate as, designed. If this is not available an auxiliary holding tank may be required. S. SPECIAL CONDITIONS AND COSTS: If specifications and / or local ordinances by owner and I or local jurisdictipn require any testing, work by licensed plumbers, work by licensed electricians, or special inspections, costs, if any, shall be borne by CLIENT. 6.- PERMITS AND FEES: All building permits and fees shall be borne by CLIENT. 7. INSPECTIONS: VVe 're`qulre that-atl "Inspe-ctiors bBe schirdule-d-with-adequate-notfce to -ensure that the------- underground he--- underground plumbing and electrical work is approved prior to placement of building. We require that final inspection and acceptance by owner and building officials be performed immediately following RFL's completion of installation. If any conditions exist in which RFL cannot conduct a final walkthrough (no utilities / partial utilities available during install, or other circumstances beyond our control) there will be an fidditional charge of 1,500 per day to send an RFL install crew or crew member back out to site at a later date to complete the installation. We also require final inspection and'acceptance immediately following RFL's conclusion of any correction items. 8. SiTE CLEANUP AND DEBRIS REMOVAL: Initial �nitial Page 4 of 9 1707 Colt Ir e, Marble Falls, Texas 78654 • Phone: 512.222.5454 • www.restroomfacll!Ues.com voi. 31;L— Pg. t15 CLIENT shall provide an on-site trash bin for disposal of one pick up load' of debris. All excess spoils shall be the responsibility of the CLIENT. All rough and final grading shall be by CLIENT. 9. VERIFICATION OF PREPARED PAD; ' Client must verify elevation, compaction of pad as well as the pad being fiat and level prior to delivery of building(s). STANDARD TERMS AND CONDITIONS OF SALE 1. LINKAGE: These Terms and Conditions of Sale shall apply and form a part of the Company's Offer to Sell and supersede all other expressed or implied terms and be linked to our Agreement for work whether or not signed by the Purchaser. 2. ACCEPTANCE: Unless otherwise expressly stated herein, the Company's Offer supersedes ell previous quotations and expires, unless accepted by purchaser, within thirty (30) days from date of Offer. None of the Terms and Conditions contained in this quotation may be added to, modified, superseded or otherwise altered except by a written instrument signed by the President of the Company. Each shipment to buyer from the Company shall be deemed to be only under these Terms and Conditions of Sale, which shall become part of our Offer to Sell, notwithstanding any Terms and Conditions that may be contained in any purchase order or other form of the buyer, notwithstanding the shipment, acceptance of payment or similar act of the Company. All Purchase Orders when accepted by the Company at 1707 Colt Circle, Marble Falls, Texas 78654, will be In accordance with the Laws of the State of Texas. All orders are subject to review by the Company In,accordance with the Company's Offer to Sell before final acceptance is authorized. All disputes shall be governed by applicable Texas Law and all claims shall be filed and litigated in Burnet County, Texas, with the prevailing party recovering attorney's fees. 3. PRICES: Sales tax is not required provided the structure Is installed by RFL. All Use taxes, and applicable in plant taxes, In plant permits and fees are paid for by RFL. If payment is not made by client in accordance with the Contract Terms, interest will be charged at the rate of 1-1/2% (one and one/half percent) per month until paid. If an order Is accepted by the Company, and a delivery date Is accepted by the Client, and delivery is delayed by the Client, payment of all but 5% is due upon completion at the Point of Manufacture. A 1.112% (one and one/half percent) per month added fee shall be due for each month the shipment is delayed. Client shall approve Phase 1 plans and have color selections chosen and back to RFL no later than 45 days after date of executed contract and / or Wnt ie purchase order is issued (earliest dated document). If Phase 1 plans are not tial nitial Page 5 of 9 1707 Coltr e, Marble Falls, Texas 78654 . Phone: 512.272.5454 a www.restroomfacilitles.com Vol. «— pg. approved. and / or color selections are not submitted to RFL within 45 days Client will incur a 1.5% fee of total project amount per month commencing at the 46 day mark. Fee shall continue on a monthly basis until Phase 1 approvals and 1 or color selections are received by RFL. 4. TERMINATION: Purchaser shall be responsible for costs of work performed which will include overhead and profit. Contract may not be cancelled once production has commenced. 5. TITLE AND LIEN RIGHTS: All Products remain the personal property of the Company, whether or not affixed to any other real property or structure, until the price (including any notes given therefore) of the equipment has been fully paid in cash. The Company shall, in the event of the purchaser's default,,have the right to enter upon any premises and repossess such structures and equipment wherever it may be located. 6. LACHES: Failure of the Company to exercise any right or remedy under this contract shall not be deemed a waiver of such right, nor shall any lien or other right of the Company be lost or impaired by laches or in any manner or by any act or failure to act. 7. LIMITATION OF LIABILITY: Under no circumstances, unless stated in our Offer to Sell or bid, shall the Company have any liability for liquidated damages, for collateral, consequential special damages, loss of profits, loss of production, delay In the progress of construction, whether resulting from delays in delivery, performance, breach of warranty, due to lack of timely performance in reviewing and approving shop drawings, completing site preparation or lack of payment In accordance with the terms• set forth- herein. The aggregate total liabllity of the Company under the contract, whether for breach of warranty or otherwise shall In no event exceed the contract price. Buyer agrees to indemnity and holds harmless the Company from all claims by third parties which extend beyond the �" �fol�egoln� llmitatlons�on'the-Compa�y's liability.��"" `"' -�' �—�' 8. DELIVERY: Except as may be otherwise specified In the attached Offer, delivery will be F.O.B. point of manufacture. Time of delivery is an estimate only. The Company shall in no event be liable for delays cadsed by fires, acts of God, strikes, labor difficulties, acts of Government or military, delays In transportation or procurement of materials or causes of any kind beyond the Company's Immediate control. If building Is ready for shipment and Customer delays sald shipment, Company shall store the facility at the point of manufacturing and charge 1-112% (one and one/half percent) per month as a storage charge. If shipment arrives and site is not ready; Owner shall pay any off-slte storage � es as applicable. initial nitial Page 6 of 9 1707 Colt!r e, Marble Falls, Texas 78654 . Phone: 512.222.5454 • www,restroomfacilities.com Vol. Q-- pg. -1\7— WARRANTY: All structural elements produced by the company are warranted to the purchaser to be free from defects in material, workmanship and title. The Company will replace or repair, at its option, defects in workmanship or any part which is proven defective within five years from delivery. This warranty applies only where the Company has been notified in writing of the defect within the warranty period and where any equipment has been properly operated and maintained In accordance with the Company's instructions: the Company having no responsibility for abuse, neglect, minor leaks in plumbing, or Improper storage. Should any Issues arise where additional work must be performed RFL retains the right to perform this work at the earliest opportunity. Should it be necessary to have this work performed by others due to the nature of the work or a conflict in scheduling, RFL must be notified 48 hours in advance in writing and given the opportunity to perform said work. Should it be necessary to have this work performed by others a written estimate must be approved by RFL in advance of any work being undertaken. The Company assigns -any and all warranties for fixtures, appliances, and other equipment manufactured by others to said other manufacturer. Due to its nature, concrete is prone to settling and cracking. Minor cracking in the concrete is normal and is not the responsibility of RFL. We use high quality 304 stainless steel in' our products and under certain conditions and/or improper maintenance stainless steel may rust. Minor rust spots or discoloration are not the responsibility of RFL. The foregoing shall constitute the said liability of the Company and the sole remedy to the purchaser. Company's warranties as set forth in this paragraph are exclusive and are in lieu of, and purchaser hereby waives all other warranties, expressed or implied, including without limitation, any Implied warranties or merchantability and fitness. This warranty shall be void If payment in full for the project is not received by the Company in accordange with these Terms and Conditions of Sale. 10. CREDIT: (Deposit and Progress Payments) —l'f- MUNICIPAL -AND -FEDERAL -GOVERNMENT AGt_NCIES:— Orders may require deposits or progress payments. If buyer's financial situation justifies such action, the Company may at its electlon require payment in advance or cancel the order'as'to,any unshipped item and require payment.of its reasonable cancellation charges. If the buyer delays completion of manufacture or a delay in shipment, the Company shall require payment according to the percentage of completion. In the event of the default of the buyer, the Company Is entitled to the full amount due Including reasonable attorneys fees, costs, storage, expenses of physical recovery, and interest at 1-112% (one and one/half percent) per month. 12. CLIENTS AND NON-GOVERNMENT AGENCIES: ✓11nitiai InitiaE Page 7 of 9 1707 colf Cir le, Marble Falls, Texas 78654 • Phone: 512.222.5454 • www.restroomfacilldes.com Orders may require deposits or advance payment as well as progress payments subject to the buyer's creditworthiness In accordance, with the Company's applicable credit policies. Breach of any payment terms shall accelerate full payment which shall be due the balance of the contract amount including change orders. Initial nrtlal Page 8 of 9 1707 Colt Inde, Marble Falls, Texas 7BG54 o Phone; 512.7.22.5454 a www.restroomfacliltles.com Vol. 3� �g.1,� qq Restroom Facilities Limited -4y �4 John utman, President Client Name Name and Title �.yo s Ccs � Z/!!? � Date rL0-qo - Date D. nitlal Initial Page 9 of 9 1707 Co Clyde, Marble Falls, Texas 78654 a Phone; 512.222.5454 a www.restoomfacilldes.com ds Vol. � 1a..__ Pg. I NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Rye Loop Special Warranty Deed THE STATE OF TEXAS § KNOW ALL MEN § BY THESE PRESENTS: COUNTY OF BRAZOS § Grantor(s): WILLIAM E. KUTZSCHBACH TRUST and GEORGE FRANK KUTZSCHBACH, as Independent Executor of the Estate of Ruth Davis Kutzschbach, Deceased Grantors' Mailing Address: 5418 Tupper Lake Drive Houston, Texas 77056-1625 Grantee: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 2611 Street Bryan, Texas 77803 Consideration: Ten and No/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.379 of one acre of land situated in the FRANCISCO RUIZ SURVEY, A-48, Brazos County Texas, and being a part of that certain Called 478.69 acre tract as described in Deed from George F. Kutzschbach, as Independent Executor of the Estate of William Ernst Kutzschbach to the William E. Kutzschbach Trust in Volume 2000, Page 275, Official Records of Brazos County, Texas, and more particularly described in Volume 167, Page 473, Page l of 6 Vol. ,4 I . l a k Deed Records of Brazos County, Texas, said 0.379 of one acre being more particularly described in two (2) parcels by metes and bounds as shown in Exhibit "A" attached hereto and made apart hereof for all purposes. Reservations from. and Exceptions to Conveyance and Warranty: There is hereby SAVED, EXCEPTED, RESERVED and EXCLUDED from this conveyance all of the oil, gas, liquid hydrocarbons, residue gas, the products and by-products of the foregoing, sulphur, coal, lignite, uranium, and all minerals of every kind and character in, on or under the Property (collectively, "Minerals'j; provided, however, Grantor, Grantor's heirs, personal representatives, executors, successors and assigns shall have no rigbt of ingress and egress to the Property at any times for the purpose of mining, drilling, exploring, operating and developing the Property for Minerals or for storing, removing, transporting, processing or marketing the same therefrom. This restriction on ingress and egress to the Property shall, however, not include or restrict the right of Grantor or any other current or future owner or lessee of the Mineral estate in the Property, its heirs, personal representatives, executors, successors and assigns, to develop the Property by directional drilling, horizontal drilling, pooling, unitization, subsurface gasification or waterflood, liquefaction processes, or other subsurface secondary or tertiary recovery methods. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building material (excluding from road building material any oil, gas and other hydrocarbons and any products or byproducts thereof) upon, in or under the Property for the construction and maintenance of road or roads thereon, such road building materials, for the purposes of this conveyance, being herein defined as not constituting "Minerals." There is hereby SAVED, EXCEPTED, RESERVED and EXCLUDED from this conveyance all groundwater and subsurface water and subsurface water rights in, on or under the Property and Grantee shall not have the right to drill any water well on the Property; provided, however, Grantor, Grantor's heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress to the Property at any times for the purpose of mining, drilling, exploring, operating and developing the Property for water or for storing, removing, transporting, processing or marketing the same therefrom. This restriction on ingress and egress to the Property shall, however, not include or restrict the right of Grantor or any other current or future owner or lessee of the groundwater and/or subsurface water and/or subsurface water rights in, on or under the Property, its heirs, personal representatives, executors, successors and assigns, to develop or produce such groundwater or subsurface water or. subsurface water rights by directional drilling, horizontal drilling, pooling, unitization, or other means from a surface location outside the boundary of the Property. This conveyance is made and accepted subject to any and all conditions, restrictions, pipeline and utility easements, if any, relating to the Property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Brazos County, Texas. Page 2 of 6 ,o - - - - - - - - - - - - - - - - . . . . . . . . . . . . . .......... THE PROPERTY IS CONVEYED BY GRANTOR AND ACCEPTED BY GRANTEE "AS IS, WHERE 18", WITH ALL FAULTS. EXCEPT FOR THE TITLE WARRANTY SET FORTH BELOW, GRANTOR MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE PROPERTY, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL CONDITION AND SUITABILITY FOR ANY PARTICULAR PURPOSE. Joinder by Beneficiaries and Certain Mineral Interest Owners: The sole beneficiaries of the interests in the Property held by the Estate of Ruth Davis Kutzschbach, Deceased are the William E. Kutzschbach, Jr. Trust and the George F. Kutzschbach Trust, each created under the will of Ruth D. Kutzschbach, Deceased. Each of these two trusts joins in this conveyance for the sole purpose of binding all interests in the Property that such trust is entitled to receive under the will of Ruth Davis Kutzschbach, Deceased, or from the Estate of Ruth Davis Kutzschbach, Deceased, to the terms of this conveyance. One of the two sole beneficiaries of the William E. Kutzschbach Trust is the Estate of William E. Kutzschbach, Jr., Deceased. In addition to being a beneficiary of said trust, said estate also owns an undivided interest in the Mineral estate in the Property. George F. Kutzschbach, as the Independent Executor of the Estate of William E. Kutzschbach, Jr., Deceased, joins in this conveyance for the sole purposes of (i) binding all interests in the Property that such estate is entitled to receive under the William E. Kutzschbach Trust to the terms of this conveyance and (ii) binding all interests of such estate in the Mineral estate in the Property to the terms of this conveyance that restrict certain ingress and egress to the Property and that exclude certain road building material from inclusion in "Minerals." The other of the two sole beneficiaries of the William E. Kutzschbach Trust is George F. Kutzschbach, individually. In addition to being a beneficiary of said trust, George F. Kutzschbach, individually, also owns an undivided interest in the Mineral estate in the Property. George F. Kutzschbach, individually, joins in this conveyance for the sole purposes of C) binding all interests in the Property that he is entitled to receive under the William E. Kutzschbach Trust to the terns of this conveyance and (ii) binding all of his interests the Mineral estate in the Property to the terms of this conveyance that restrict certain ingress and egress to the Property and that exclude certain road building material from inclusion in "Minerals." Grantor, for the consideration and subject to the Reservations from and Exceptions to Conveyance and Warranty, and other terms of this conveyance, grants, sells and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold the Property to Grantee, Grantee's successors or assigns forever. Each Grantor, severally only as to its respective interest in the Property and not jointly, binds itself and its heirs, executors, administrators, successors and assigns to warrant and forever defend all and. singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under such Grantor, but Page 3 of 6 ����, 3l Aga l a not otherwise, subject, however, to the Reservations from and Exceptions to Conveyance and Warranty and other terms of this conveyance. When the context requires, singular nouns and pronouns include the plural, and any gender shall include all other genders. Executed this 0.714 day of February, 2020. William E. Kutzschbach Trost By:r' Aft.Georg . Kutzschbach, Trustee A:W.L'GW/J V G7+d• c/caa George" Frank Kutzschba , as Independent Executor of the Estate of Ruth Davis Kutzschbach, Deceased Acknowledgments STATE OF TEXAS § COUNTY OF IS § This instrument was acknowledged before me on February'V 2020, by George F. Kutzschbach, as Trustee of the William E. Kutzschbach Trust. prr;,9 HELENE L WOOD =a Notary Public, StateafTexas ` commissi6 Expires ��e '��r FEBRUARY 15, 2021 O6 NatarylD.{►4673a5.6 STATE OF TEXAS § COUNTY OF 14011MIS § Notary Public, State of Texas This instrument was acknowledged before me on February27 2020, by George Frank Kutzschbach, as Independent Executor of the Estate of Ruth Davis Kutzschbach, Deceased. v a HELENE L. WOD fNotify Public, State oiommisstonfoptrfERRUARY 15, 20.:..otary Public, State of Texas Page 4 of 6 Vol. 312- Pg.�,�3 The William E. Kutzschbach, Jr. Trust, the George F. Kutzschbach Trust, the Estate of William E. Kutzschbach, Jr., Deceased, and George F. Kutzschbach, individually, each respectively joins in this conveyance for the sole respective purposes set forth for such party under "Joinder by Beneficiaries and Certain Mineral Interest Owners" above. William E. KutzSchbach, Jr. Trust George F. Kutzschbach Trust By: By: beorg6 Frank Kutzschbach, Trustee George Frank Kutzschbac Trustee Estate of William E. Kutzschbach, Jr., Deceased By: A&AjrLV I. oopo George . Kutzschbach, as Executor STATE OF TEXAS § COUNTY OF Hd g- I S § George Acknowledgments -xaa,A, Kutzschbach, Individually This instrument was acknowledged before me on February 1 2020, by George Frank Kutzschbach, as Trustee of the William E. Kutzschbach, Jr. Trust. HELENS 1. WQOD iD NotaryPuhIIe,StateofTesas Commlulon ExtdresFEBRUARY 15, 2022 Notary ION 467385.6 STATE OF TEXAS § COUNTY OF 46ffl1W § Notary Public, State of Texas This instrument was acknowledged before me on February7j, 2020, by George Frank Kutzschbach, as Trustee of the George F. Kutzschbach Trust. ,rpT P4® HELENE LL 20� J► � i '7COMMI"loter'FEBRUARYfscNo�rytDH . otary Public, State.of Texas Page 5 of 6 voi. STATE OF TEXAS COUNTY OF dA&SL5 § This instrument was acknowledged before me on February x.2020, by George F. Kutzschbach, as Independent Executor of the Estate of William E. Kutzschbach, Jr., Deceased. OD NomryPuble Stat00Tw: * + Commfiwan Expires FEBRUARY 15, 2021 No�ryiD84573856 STATE OF TEXAS § COUNTY OF 1�ARRts § Rotary Public, State of Texas This instrument was acknowledged before me on February %, 2020, by George Frank Kutzschbach. cir s+e pKE—RUE L WOODNonryAuhllc,stateolTemCOmmiss(an Expireser FEBRUARY 15, 2021 NOWq ID it 467385.6 otary Public, State of Texas Page 6 of 6 vo Ki. pg. 1722 Broadmoor Ste. 105 TRONG Bryan, Texas 77802 a Phone: (979) 776-9836 URVEYING, LLC F=(979)731-0096 FIRM NO.10093.500 Email: curtis a strongsurveying.com V EXHIBIT "A" SHEET 1 OF 3 BRAZOS COUNTY RYE LOOP ROAD 0.379 OF ONE ACRE RIGHT-OF-WAY IMPROVEMENTS OUT OF THE W.E. KUTZSCHBACH TRUST CALLED 478.69 ACRES VOLUME 2000, PAGE 275 REFERENCE VOLUME 167, PAGE 473 FRANCISCO RUIZ SURVEY, A — 48 BRAZOS COUNTY, TEXAS -- JUNE 12, 2019 All that certain lot, tract or parcel of land being 0.379 of one acre situated in the FRANCISCO RUIZ SURVEY, Abstract No. 48, Brazos County, Texas and being a part of that certain Called 478.69 acre tract as described in Deed from George F. Kutzschbach, as Independent Executor of the Estate of William Ernst Kutzschbach to the William E. Kutzschbach Trust In Volume 2000, Page 275, Official Records of Brazos County, Texas, and more particularly described in Volume 167, Page 473, Deed Records of Brazos county, Texas, said 0.379 of one acre tract being more particularly described in two (2) parcels by metes and bounds as follows: PARCEL NO. 1— 0.187 OF ONE ACRE BEGINNING at a 1/2" Iron Rod with Cap set in the northwest right-of-way line of Rye Loop Road for the most northerly comer of Parcel No. 1, said point being located in the northwest line described as a 1.45 acre tract taken out by a county road and described in Volume 167, page 473, Deed Records of Brazos County, Texas, a 3/4" Iron Pipe found for the northwest comer of said Called 1.45 acre tract bears N 18 ° 24' 55" E a distance of 277.34 feet, a 3/4" Iron Pipe found for the most easterly comer of said Called 478.69 acre tract bears N 40 ° 30 ' 18 " I= a distance of 453.74 feet; THENCE along the northwest right-of-way line of said Rye Loop Road as fenced for the following calls: S 18 ° 24' 55 " W a distance of 55.44' to a fence corner for angle point; S 10 ° 29'46 " W a distance of 12.14! to a fence comer for angle point; S 62 ° 12133 " E a distance of 2.07' to a fence comer for angle point; S 12 ° 29'58 " W a distance of 15.70' to a fence comer for angle point; S 25 ° 33 ' 56 " W a distance of 29.04' to a fence comer for angle point; and, S 21 ° 20120 " W a distance of 36.02' to a 1/2" Iron Rod with Cap set for the most southerly comer of Parcel No. 1, a 6" Fence Comer Post found for an angle point in the southeast line of said Called 478.69 acre tract bears S 24 ° 49 ' 19 " W a distance of 2391.21 feet; THENCE N 68 " 36'-37 " W a distance of 69.49' to a 1/2" Iron Rod with Cap set for angle point; THENCE N 19 ° 17' 10 " E a distance of 82.42' to a 112" Iron Rod with Cap set for angle point; Vol. ��,� pg.. 11P. - I. 1722 Broadmoor Ste. 105 CITRONG Bryan, Texas 77802 Phone: (979) 776 — 9836 OURVEYING,LLC Fax: (979) 73.1-0096 FIRM NO. 10093500 Email: curtis@strongsurveying.com V V THENCE N 66 ° 05'04" E a distance of 92.34' to THE PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.187 OF ONE ACRE OF LAND MORE OR LESS IN PARCEL NO. 1. PARCEL N.O.2 — 0.192 OF ONE ACRE BEGINNING at a 1/2" Iron Rod with. Cap set in the southeast right-of-way line of said Rye Loop Road for the most northerly comer of Parcel No. 2,'a 314" Iron Pipe found for the northeast comer of said Called 1.45 acre county tract bears N 18 ° 58 ' 08 " E a distance of 342.84 feet, THENCE S 24 ° 37' 34" E a distance of 60.95'to a 1/2" Iron Rod with Cap set in the southeast line of said Called 478.69 acre tract for the most easterly comer of Parcel No. 2, said point being located in the northwest line of the Scarpinato Family Limited Partnership Called 41.6 acre tract as described in Volume 3519, Page 345; Official Records of Brazos County, Texas, a 314" Iron Pipe found for the most easterly comer of said Called 478.69 acre tract bears N 26 " 52'00 " E a distance of 485,81 feet; THENCE S 26 ° 52' 00" W along the southeast line.of said Called 478.69 acre tract a distance of 350.38' to a 1%2" Iron Rod with Cap set for the most southerly corner, a 6" Fence Post found for an angle point In the southeast line of said Called 478.69 acre tract bears S 26 ° 52'00 " W a distance of 2141.05 feet; THENCE N 19 ° 51 '54 " E along the southeast right-of-way line of said Rye Loop Road a distance of 391.24' to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.192 OF ONE ACRE IN PARCEL NO. 2. BOTH PARCELS COMBINED CONTAINING AN AREA OF 0.379 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground during June, 2019 under the supervision of H„ Curtis Strong, Registered Professional Land Surveyor No. 4961.and working under Firm No. 10093500. North Orientation is based on rotating the southeast line of said 478.69. acre tract to Grid North NAD83 (CORS 2011) epoch 2010.00 State Plane Central Zone. Vol. 3k -Z Pg. 7 raw W TRONGVIZ ' SURVFflK LLC�,';� Flip" Wn wmatcm of wflsan: Fnd. 3/4" Iran toW. E. KUTZSCHBACH TRUST N CALLED 478,69 Ac. N "2000/275' REFERENCE i67/473 = PARCEL N0. 1 ! 0.187 Ac. I Q v 3/4" Iron Pipe Fnd. 3/4" Iron Pipe for the Most Easterly Corner of Called 478.69 Ac. �O I X33 2� •�j Mry y6 NrO y y e PA0.1� 2 92 Ac.IJ NOTES: North Orientation Is based on rotating the southeast line of 478.69 Ac. Tract to Grid North NAD83 [CORS 20111 epoch 2010.00, State Plane Central Zone. All easements and/or utilities may not he shown on this plat. 6 Denotes a 1/2" Iron Rod w/Cop set of all corners. EXHIBIT°A" N BRAZOS COUNTY 3 Ae �Q a' Na o y oc a �r RYE LOOP ROAD :... 0379 OF ONE ACRE BEU7,34'E C OUT OF OF THE W. E KUTZSCHBACH TRUST S O� ,oy VOLUME 2000, PAGE 27S Jr fl, H. Curtis Strang, Registered Professional Land 2 S 0. represents the results of an on the ground survey BRAZOS COUNTY, TEXAS performed under my supervision during June, 2019, SCALE 1' :100' November 21, 2019 L39 2L4 5 LS 5' 07'L7 .70' p LS L9L O v TSP �949, '10' E � ryfiy�. 4P �O I X33 2� •�j Mry y6 NrO y y e PA0.1� 2 92 Ac.IJ NOTES: North Orientation Is based on rotating the southeast line of 478.69 Ac. Tract to Grid North NAD83 [CORS 20111 epoch 2010.00, State Plane Central Zone. All easements and/or utilities may not he shown on this plat. 6 Denotes a 1/2" Iron Rod w/Cop set of all corners. EXHIBIT°A" N BRAZOS COUNTY 3 Ae �Q a' Na o y oc a �r RYE LOOP ROAD :... 0379 OF ONE ACRE . " •••• R.O.W. IMPROVEMENTS OUT OF OF THE W. E KUTZSCHBACH TRUST Belcoo CALLED 478.69 ACRES VOLUME 2000, PAGE 27S Jr fl, H. Curtis Strang, Registered Professional Land REFERENCE VOLUME 167, PAGE 473 ry Surveyor No. 4961, do hereby certify that this plat that FRANCISCO RUIZ SURVEY A • 48 s represents the results of an on the ground survey BRAZOS COUNTY, TEXAS performed under my supervision during June, 2019, SCALE 1' :100' November 21, 2019 and Is true and correct to the best of my knowledge. SHEET 3 OF 3 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Rye Loop Temporary Easement THE STATE OF TEXAS § KNOW ALL MEN § BY THESE PRESENTS: COUNTY OF BRAZOS § Grantor(s): WILLIAM E. KUTZSCHBACH TRUST and GEORGE FRANK KUTZSCHBACH, as Independent Executor of the Estate of Ruth Davis Kutzschbach, Deceased Grantor's Mailing Address: 5418 Tupper Lake Drive Houston, Texas 77056-1625 Grantee: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, Texas 77803 Consideration: Ten and No/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): A temporary easement as herein described in and to all that certain lot, tract or parcel of land being 0.505 of one acre of land situated in the FRANCISCO RUIZ SURVEY, A-48, Brazos County Texas, and being a part of that certain Called 478.69 acre tract as described in Deed from George F. Kutzschbach, as Independent Executor of the Estate of William Ernst Kutzschbach to the William E. Kutzschbach Trust in Volume 2000, Page 275, Official Records of Brazos County, Texas, and more particularly described in Volume 167, Page 473, Deed Records of Brazos County, Texas, said 0.505 of one acre being more particularly described by metes and bounds as shown in Exhibit "A" attached hereto and made a part hereof for all purposes. Page 1 of Vol. P9•-iQ3-- This easement shall be. used solely for construction work space and -for grading for property owner's installation of fencing, along, upon and across said premises described in Exhibit "A" together with the right and privilege at all times of the Grantee herein, its agents, employees and representatives of ingress and egress to and from said premises in connection with the foregoing uses. This easement shall expire on the I st . day of November . 2021,. or on the date of completion of construction, whichever occurs first. This easement is for the sole benefit of Grantee and may not be conveyed, assigned or otherwise transferred, in whole or in part. Grantee covenants and agrees as follows; 1. Grantee, at its sole cost and expense, shall grade said premises described in Exhibit "A" for the Property owners' installation of fencing as aforesaid. 2. Grantee shall indemnify, hold harmless, and defend each Grantor, its trustee,, executor, successors and assigns from and against any and all claims, damages, causes of action, and liability for injury to or death of any person or for damage to any property arising out of or in connection. with the actions, activities and work done by Grantee, its agents, employees and representatives on said. premises described in Exhibit "A" during the term of this Temporary Easement. 3. Before removing the existing fence on the boundary of the 0.187 acre tract being conveyed contemporaneously herewith by Special Warranty Deed from Grantors to Grantee, Grantee shall install a temporary barbed wire fence between the premises described in Exhibit "A" and the remaining land of Grantors that is not being conveyed to Grantee that borders the premises described in Exhibit'W% 4. This Temporary Easement is made and accepted subject to any and all conditions, restrictions, pipeline and utility easements, if any, relating to said premises described in Exhibit "A", to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Brazos County, Texas. 5. THIS TEMPORARY EASEMENT IS GRANTED BY GRANTORS AND ACCEPTED BY GRANTEE "AS IS, WHERE IS", WITH ALL FAULTS. EXCEPT FOR THE TITLE WARRANTY .SET, FORTH BELOW, GRANTOR MAKES NO WARRANTIES•.. OR REPRESENTATIONS :CONCERNING THE PREMISES DESCRIBED IN EXHIBIT '4A", INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL CONDITION AND SUITABILITY FOR ANY PARTICULAR. PURPOSE. Grantors, for the consideration and subject to all of the terms, provisions and conditions set forth herein, hereby grant and convey to Grantee thetemporary easement rights nand interests herein described in and to saidpremises described in Exhibit "Al. TO HAVE AND TO HOLD the temporary easement rights and interests herein described in and to said premises described in Exhibit "A" unto the said Brazos County, Texas as aforesaid, for the purposes and on the conditions set forth hereinabove. Each Grantor, severally only as to its respective- interest .in, said premises described in Exhibit "A" and not jointly, binds itself and its heirs, executors, administrators, successors and assigns to warrant and forever defend all and singular said temporary easement to Grantee against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under such Grantor, but not otherwise, Page 2 of 4 subject, however, to all of the terms, provisions and conditions set forth herein. When the context requires, singular nouns and pronouns include the plural, and any gender shall include all other genders. Executed this .7 day of February, 2020. GRANTORS; William E. Kutzschbach Trust By: Aa, Ii - ?y,1376- eorg F. Kutzschb ch, Trustee GRANTEE: STATE OF TEXA. § COUNTY OF y 4AA15 § - Aw 5,6aj— ina.4e3eft. George rank-Kutzschbach, as independent Executor of the Estate of Ruth Davis Kutzschbach, Deceased Acknowledgments This instrument was acknowledged before me on Ft:bruaryZ7 2020, by George F. Kutzschbach, as Trustee of the William E. Kutzschbach Trust. HoatPubli StWOOD ate of xas J i Commission Expires �y FEBRUARY 15,2021 pq �Foa� NntOrytD446TA&S Page 3 of 4 State of Texas Euoa _�31� Pg. 1� STATE OF TEXAS § COUNTY OF JJ 497U S § This instrument was acknowledged before me on February ?12020, by George Frank Kutzschbach, as Independent Executor of the Estate bf Ruth Davis Kufzschbach, Deceased.. HELENE L. WOOD =o �� NotaryPublk,State ofTexas M * Commisslon ExPlres 46Zc j FEBRUARY 15, 2021 otary Public, State of Texas Notary ID #4673856 VW STATE OF TFjXAS § COUNTY OF § his instrument ivas acknowledged before me on !kj) p , 2020, by as o.,r• of Brazos County, Texas. MARSHAANDERBON * NOTARY PUBLIC STAKE OFTi:XA9 MY COMM. W. 02/16/2023 >l NOTARY ID 1818888" Notary PMA State of Texas Page 4 of 4 1722 Broadmoor Ste. 105 TRONG Bryan, Texas 77802 Phone: (979) 776 — 9836 URVEYING, LLC Fax: (979) 731-.0096 FEZMNO.10093500 Email: curtis@strongsurveyingcom 1 V EXHIBIT "A" SHEET 1 OF 3 BRAZOS COUNTY RYE LOOP ROAD 0.505 OF ONE ACRE TEMPORARY CONSTRUCTION EASEMENT OUT OF THE W.E. KUTZSCHBACH TRUST CALLED 478.69 ACRES VOLUME 2000, PAGE 276 REFERENCE VOLUME 167, PAGE 473 FRANCISCO RUIZ SURVEY, A — 48 BRAZOS COUNTY, TEXAS OCTOBER 9, 2019 All that certain lot, tract or parcel of land being 0.505 of one acre situated in the FRANCISCO RUIZ SURVEY, Abstract No. 48, Brazos County, Texas and being a part of that certain Called 478.69 acre tract as described In Deed from George F. Kutzschbach, as Independent Executor of the Estate of William Ernst Kutzschbach to the William E. Kutzschbach Trust in Volume 2000, Page 275, Official Records of Brazos County, Texas, and more particularly described in Volurrte 167, Page 473, Deed Records of Brazos county, Texas, said 0.505 of one acre tract being more particularly described by metes and bounds as follows: BEGINNING at a POINT in the northwest right-of-way line cf Rye Loop Road for the most northerly comer, said point being located In the northwest line described as a 1.45 acre tract taken out by a county road and described in Volume 167, page 473, Deed Records of Brazos County, Texas, a 3/4" Iron Pipe found for the northwest comer of said Called 1.45 acre tract bears N 18 ° 24'55 " E a distance of 227.34 feet, a 3/4" Iron Pipe found for the most easterly comer of said Called 478.69 acre tract bears N 43 ° 08 ' 51 " E a distance of 407.84 feet; THENCE along the northwest right-of-way line of said Rye Loop Road as fenced S 18 " 24' 55 " W a distance of 50.00' to a 112" Iron Rod with Cap set for angle point; THENCE S 66 ° 05'04 " W a distance of 92.34' to a 1/2" Iron Rod with Cap set for angle point; THENCE S 19 ° 17' 10 " W a distance of 82.42' to a 112" Iron Rod with Cap set for angle point; THENCE S 68 ° 36'37 " E a distance of 69.49' to a 1/2" Iron Rod with Cap set for angle point, a 6" Fence Corner Post found for an angle point In the southeast line of said Called 478.69 acre tract bears S 24 ° 49 ' 19 " W a distance of 2391.21 feet; THENCE S 77* 17'20 " W a distance of 89.18' to a point for angle point; THENCE N 68 ° 36' 37 " W a distance of 93.88' to a point for angle point; 1722 Broadmoor Ste. 105 °CITRONG Bryan, Texas 77802 q Phone: (979) 776 — 9836 URVEYING, LLC Fax: (979) 731.— 0096 FIRM NO. 10093500 Email: curtis@strongsurveying.com THENCE N 19 " 17' 10 " E a distance of 128.78' to a point for angle point; THENCE W 75 ° 04'54 " E a distance of 201.38' to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.505 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground during June, 2019 under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working under Firm No. 10093500. North Orientation is based on rotating the southeast line of said 478.69 acre tract to Grid North NAD83 (CORS 2011) epoch 2010.00 State Plane Central Zone. voi. — 312, - Pg.A3–q— = Brotdnoaa Siulte 1a5 TRONG wpm Tom MW SURVEYINQ LLC P"wr= (W fd1 . ;mu Nn woo moo ems —di Fnd. 374" Iron Kr H W. E. KUTZSCHBACH TRUST b CALLED 478.69 Ac. N� 2000/278 REFERENCE 167/473 0.505 Ac. �ly 87 A ?P GP y 3/4" Iron Pipe Fnd. 3/4" (ran Pipe for the Most Easterly .Corner } of Called 478.69 Ac. LE Zak DISTANCE Qy •37' E 60. L2 5 26• 'DO" W 350.311, _q, �-ato�e A v L 7 P� Cy �g\ 4 q, O la A ?P GP y 3/4" Iron Pipe Fnd. 3/4" (ran Pipe for the Most Easterly .Corner } of Called 478.69 Ac. LE BE R DISTANCE 1 •37' E 60. L2 5 26• 'DO" W 350.311, L3 19.51'54" 391. W L 7 S B`2 ' S O.29' W 6 2.2 8" w ' 2 ' 70' LB L9 5 26.33 W O'2 9 ' .02' la S 68@36'37" E 7 w ' I • 34' L13 S 7.17'20" W 89.18' 14 •3 ' w 93 88' 19.17' O" E 28 7` 7 ' , NOTES: North Orientation Is based on rotating the southeast line of 478.69 Ac. Tract to Grid North NA083 (CORS 20111 epoch 2010.00, State Plane Central Zone. All easements and/or utilities may not be shown on this plat. • :Denotes a 1/2" Iron Rod w/Cap set at corners. Surveyor No. 4961, do hereby certify that this plat URVEY, A • 48 represents the results of an on the ground survey BRAZOS COUNTY, TEXAS performed under my supervlslon during June, 2019, SCALE: 10 =100' November 21, 2019 and is true and correct to the best of my knowledge. SHEET 5 OF ' 3 EXHIBITDA' ti y� BRAZOS COUNTY RYE LOOP ROAD 0.505 OF ONE ACRE n , RA G. TEMPORARY CONSTRUCTION ESMT" se OUT OF THE �r W. E. KUTZSCHBACH TRUST ti �►oR °�'�� CALLED 478.69 ACRES VOLUME 2000, PACE 275 /I. H. Curtis Strong, Registered Professional Land REFERENCE VOLUME 167, PAGE 473 FRANCISCO RUil S Surveyor No. 4961, do hereby certify that this plat URVEY, A • 48 represents the results of an on the ground survey BRAZOS COUNTY, TEXAS performed under my supervlslon during June, 2019, SCALE: 10 =100' November 21, 2019 and is true and correct to the best of my knowledge. SHEET 5 OF ' 3 RIGHT-OF-WAY ACQUISITION AGREEMENT Road: Rye Loop Project: R4-303 W.O. No.: 33604 Precinct: 4 I (we) the undersigned owner(s), subject to the terms hereof, accept payment of (a) $8,388.00 as compensation and full settlement for granting of a Special Warranty Deed for 0.187 of one acre of property and a Temporary Easement for 0.505 of one acre of property located on the above mentioned project and (b)$9,107.00 as compensation and full settlement for granting of a Special Warranty Deed for 0.192 of one acre of property located on the above mentioned project, for a total compensation of $17,495.00 under (a) and (b) above. It is expressly understood and agreed that the undersigned owner(s) have not agreed and are not obligated to fence or re -fence any portion of the undersigned owners' remaining land or to apply said compensation for any particular purpose. This Agreement is subject to and conditioned on Brazos County, Texas, the grantee of the aforesaid Temporary Easement, complying with its covenants and agreements under the Temporary Easement, and this Agreement shall in no manner release, limit or reduce the obligations of the grantee under the Temporary Easement. One-half (1/2), i.e., $8,747.50, of the total compensation shall be paid to the William E. Kutzschbach Trust and the other half of the total compensation shall be paid to the Estate of Ruth Davis Kutzschbach Deceased. William E. Kutzschbach Trust By: 1'v A George 17 Kutzschbac , Trustee George F ank Kutzschbach, as Independ t Executor of the Estate of Ruth Davis Kutzschbach, Deceased Date•/27/oZ02o A( voi. 31 pg. 13L ril Vol. 31 ?� pg..37 ra A A Ln Lek en rn LO N Li w ri ri M M l0 •19 gOg m 00 C1 01 � v OD N w .loop W i •K O1 C1 n n a H m m 0.m A Mr,n 1�. W iJ i n 0 h t0. iii ri•1 m m lD M uf O 0000 cm m N Ln tt r�i N e00 000 Or 0161 NN M ^ n M m W O O O O O z N N ri rl N N ri rl f.. {,. t kt t Q NN N N W W W W a a IM co LO d IrI.,-J rot x91 f=- -••F' IQJQt1 tce NN NN lx d.1 u KH g. WJa 0V iSZ==F. x cc QQ=Q LU WFai-WaNQCNa'�a ?1-t jQQ JQQ JS 0}C O O O LZJ H O u3 ht u u u °s' at et mri 0Q 'a 0 N N x ul Q M to to w m w w n O O O- 0. N N }. h M N N N W 00 O(AO 00 1D00 O O O 00 0000 x1010 x1000 ANN" �rgcjort. 00 00 A9 NNO Ori fV9-10 Jrt00o CL •4N10 :Trir1� �NlNO a aQ OO O tn 0 Q yy >-m Q K F A3 w to z zu w z an 0 0 2 Lm ri wH 0004 000 00000• F NO TrlhO e'frpi00 MrrOr-t•O O w rig OOTn coram Ori00fa%n V Od O a < a < 1Q- I.Q.. O O FO• FO- FLLZ-1�O° .Z•LL s0.1 r0•i eOi ep-1 �O-1 x01 rOi rOi O VOO VOO V000101' 4\� 'Oa +1u 101, -M 000 •k 0i4MM Ml� as 00000 00000 OC1010f 01 00O x1 00 x100 x10000 • V •pMM 4 MM {t MMM - ^ \\DJ W W .NQ� W L30C •M a1Ci OTT M 0101 pT/l1f M cn 01010101 OMMMM Vol. 31 ?� pg..37 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2019-2020 BUDGET YEAR NO.19/20 23.1-23.4 On this the 10th day of March 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 10th day. of March 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 authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 10th day of March 2020. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By. Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget E Vol - 3\�Q,- . P g BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19120-23.1 artment" or. a LC L6ikn VTJud4EApp' k6eAt6atliri!?v' FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 0100 11000500 67342000 CR Fumiture 1,522.66 0100 13000100 67342000 DR Furniture 1,522.66 Vol pg. -i32- BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 19120 - 23.2 v,n,gn�n FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease LEOSE Fund Intergovernmental 197.12 LEOSE Fund ACCT Reserves ACCOUNT NAME 527.55 LEOSE Fund LEOSE - Education County Attorney Departmental Support 48063000 350.00 LEOSE Fund LEOSE - Education Sheriff Office Departmental Support 1800 3,661.19 LEOSE Fund LEOSE -Constable Pct #1 Departmental Support 55.48 527.55 LEOSE Fund LEOSE - Constable Pct #2 Departmental Suovort CR 6.46 LEOSE Fond LEOSE - Constable Pct #3 De artmental Support 30000100 2.625.40 LEOSE Fund LEOSE - Constable Pct #4 Departmental Support 3,661.19 8.14 LEOSE Fund LEOSE - County Attorney De arhnentaI Support 847.49 55.48 LEOSE Fund LEOSE- District Attorney De artme tal Support 499.22 CR LEOSE Fund LEOSE - SO Departmental Support 3.241.36 30031100 LEOSE Fund LEOSE - Jail Departmental Support 1.282.97 2,6F5.40 1800 30041100 61151400 CR LEOSE Constable Pct 4 8.14 1800 30018000 61151800 DR LEOSE County Attorney 847.49 1800 30051900 61151900 DR LEOSE District Attorney499.22 1800 30028000 61152800 DR LEOSE Sheriff Office 3.241.36 1800 30028200 61152820 DR LEOSE Jail 1.282.97 Law Enforcement Officers Standards and Education Fund(LEOSE) To modify the LEOSE Fund to reflect the LEOSE funding available to various law enforcement departments for FY 20. =artme _ , ppro _ 3 6uN ..-,..dafig .. c.z r u.y.. Y /i ""}F - .n4F BorAccoifttbn�l?u uses OnT t� ..:. .. ,.. K . i FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 1800 48063000 CR LEOSETraining197.12 1800 47030000 DR Restricted Fund Balance 527.55 1800 30000100 61151800 CR LEOSE County Attorney 350.00 1800 30000100 61152800 CR LEOSE SheriffOffice 3,661.19 1800 30011100 61151100 DR LEOSE Constable Pct 1 55.48 I800 30021100 61151200 CR LEOSE Constable Pct 2 6A6 1800 30031100 61151300 CR LEOSE Constable Pct 3 2,6F5.40 1800 30041100 61151400 CR LEOSE Constable Pct 4 8.14 1800 30018000 61151800 DR LEOSE County Attorney 847.49 1800 30051900 61151900 DR LEOSE District Attorney499.22 1800 30028000 61152800 DR LEOSE Sheriff Office 3.241.36 1800 30028200 61152820 DR LEOSE Jail 1.282.97 Vol. 9-� Pg. �� BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 19120 - 23.3 3/10/2020 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Contingency Departmental Support 2,963.48 General Fund Commissioners' Court Non -Departmental Departmental Su ort 524.72 General Fund Commissioners' Court Non -Departmental Departmental Support 2,438.76 ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 2,963.48 0100 11000500 60211000 DR Software - No Tag 524.72 0100 11000500 67203000 DR Minor Computer Hardware 2,438.76 Commissioners' Court Reallocation of funds to the appropriate accounts to purchase desktop computers with sofnvare for the CPS and AG Courtrooms. Coun`Judge A�pioval , , t a. CorAccountui FUND DIV ACCT DR1CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 2,963.48 0100 11000500 60211000 DR Software - No Tag 524.72 0100 11000500 67203000 DR Minor Computer Hardware 2,438.76 voi. —3—LZ,— Pg--A-�� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No.19120 - 23.4 zr4nnn9n FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Constable Pct #1 Departmental Support 164.00 General Fund Commissioners' Court Contingency Departmental Support 164.00 FUND DIV ACCT DRlCR ACCOUNT NAME Increase Decrease 0100 30101100 60010000 CR Donated Property 164.00 0100 11001500 61130000 DR Contingency 164.00 Constable Pet. #1(Reeves) and Commissioners' Court Reallocation of funds to the appropriate accounts to adjust FY 2019 donation which was spent on May 30, 2019, PO #19003402. This wilt adjust donated funds to the correct amount for FY 2020. i $-_ icx IDebartmeri op __ Coun :Judgee Apyroiial J n Date i j oRXA &antifi `es Onf 'r _ g. *°• .y q. ,iizS _ >. '.� A 7 r.. twfv.s k v' FUND DIV ACCT DRlCR ACCOUNT NAME Increase Decrease 0100 30101100 60010000 CR Donated Property 164.00 0100 11001500 61130000 DR Contingency 164.00 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: March 10, 2020 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Exposition Complex Daily, Abraham Separation Holiday, Bobby Employment Juvenile Services Detention Johnson, Geraud Separation Approved in Commissioners' Court: March 10,2020: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) vol. P9.5��