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HomeMy WebLinkAbout2020-03-24 10:00AM REGULAR MEETINGBRAZOS COUNTY BRYAN, TEXAS . NOTICE OF MEETING AND AGENDA iii?1 !MAR 20 A q: 5q 100�� — � � cCcll�c-IN, GD1 lgr CLQ lh J"L �la� ERh,,Isi �� 1 � r s i. BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL ME ET IN REGULAR SESSION ON MARCH 24, 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 — Judge Peters 2. _ Call for Citizen input and/or concerns Consider and take action on agenda items 3-21 3. Approval to cancel FY20 purchase orders for fourteen 2020 Ford Explorers Police Interceptors and replace with 2020 Chevrolet Tahoe PPV. This approval includes thirteen 2020 Chevrolet Tahoe PPV for FY21. All vehicles are in stock and ready to be shipped. The total amount for all 27 vehicles is $840,240.00. Vehicles will not be outfitted at this time. 4. Request from MPO for the following personnel_ changes with effective date of April 4, 2020. This will have no impact to the FY 2020 MPO budget. • a. Change Admin. Secretary to Administrative Assistant, Class Code 2006 Position 1, Group 14 Step 9, Pay Code 800 to Pay Code 013. • b. Salary and benefits: 62.5% charged to MPO and 37.5% charged to RMA 5. Approval of the following committee for the evaluation of proposals for RFP #CIP 20- 635 Rye Loop Road Culvert Reconstruction. • a. Prarthana Banedi • b. Jon Jones • c. Sean Ray (Gessner Engineering) • d. Bill Hadley • e. Purchasing (Non -Voting) Vol. P�. • f. Legal (Non -Voting) 6. Permission to advertise RFP #CI P 20-635 Rye Loop Road Culvert Reconstruction. 7. Purchasing recommends No Award and requests permission to Re -Advertise Bid #20- 084 - Commissary Items for Resale due to limited vendor response and item and specification changes requested by the jail. 8. Approval of the following committee for the evaluation of proposals for RFQ #20-094 for the Transportation Program Development and Strategic Planning: • a. Gary Arnold • b. Prarthana Banerji • c. Irene J eft • d. Representative from County Auditor's Office • e. Duane Peters • f. Purchasing (non-voting) • g. Legal (non-voting) 9. Amendment to Contract 19-114R for Hydro -Mulch Seeding of County Right of Ways with Britten Hydroseeding to extend the contract for 30 days. 10. Approval of agreement Cl P 20-521 for Redundant I ntemet Connection with AT&T. 11. Approval of the Final Plat of the. Town of Millican Block 1, Lots 1 R, 2R & 3R Being a - Minor Replat of the Town of Millican Recorded in Volume'P', Page 484 and Being a Part of the Called 3.428 Acre Tract Recorded in Volume 12244, Page 62; E.M. Millican League, A-40; Millican, Brazos County, Texas. Site located in Precinct 1. 12. Acceptance of Special Warranty Deed from Alex Long and Melanie Long for 0.16 of .one acre of land to be used for improvements to White Switch Road.located in Precinct 1. 13. Acceptance of Special Warranty Deed from Donald L. South and Misty K. South for 0.70 of one acre of land to be used for improvements to White Switch Road located in Precinct 1. 14. Request permission to enter private property owned by Cathy Figert on Smith Road 1,535 feet northwest of Alexander Road. County will reshape drainage channel to eliminate erosion and water crossing road. Site is located in Precinct 2. 15. Request permission to enter private property owned by Bradley and Sandra Cemovich and Sean and Angela McDeavitt on Raven's Nest 420 feet southwest of Raven Drive. County will construct a channel to help with drainage. Site is located in Precinct 2. 16. Approval of the Final Plat of Australian Shepherd Club of America Lot 1, Block 1 being all of a 1.345 Acre Tract of Land described in a deed to Australian Shepherd Club of America, Inc. recorded in Volume 1597, Page 321 Official Records of Brazos County; Stephen F. Austin Survey, A-63; City of Bryan ETJ, Brazos County, Texas. Site is located in Precinct 2. 17. Expenditure Journal Entries • FY 19/20 030025 - 030033 18. Tax Refund Applications for the following: • a. Cassandra McKay - Overpayment $24.99 19. Budget Amendments. Budget Amendments FY 19/20 25.1 - 25.5 Vol. 31,-3 Pg• 20. Personnel Change of Status. Personnel Action Forms 21. Payment of Claims. 22. Acknowledgement of the Brazos Valley Economic Development Corporation's Annual Report for the fiscal year ended September 30, 20119. 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.. Vol. pg. 3 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 Cou rt 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 merrier (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, Profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2, removal from the Commissioners Court; 3. a Contempt Citation; and/.or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. Flowever, 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 Cormvssioners 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. i ne c:ommssioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 7780 Is wheelchair accessible. Handicap parking spaces are available. My request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. voi, 3 � 3 pg. L4 MINUTES MARCH 24, 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 24, 2020 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1, Present by Phone; Sammy Catalena, Commissioner of Precinct 2, Present by Phone; 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 andofficials that were in attendance. Invocation and Pledge of Allegiance -U.S. and Texas Flag — Judge Peters 2. Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items 3-21 3. Approval to cancel FY20 purchase orders for fourteen 2020 Ford Explorers Police Interceptors and replace with 2020 Chevrolet Tahoe PPV. This approval includes thirteen 2020 Chevrolet Tahoe PPV for FY21. All vehicles are in stock and ready to be shipped. The total amount for all 27 vehicles is $840,240.00. Vehicles will not be outfitted at this time. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 4. Request from MPO for the following personnel changes with effective date of April 4, 2020. This will have no impact to the FY 2020 MPO budget. • a. Change Admin. Secretary to Administrative Assistant, Class Code 2006 Position 1, Group 14 Step 9, Pay Code 800 to Pay Code 013. • b. Salary and benefits: 62.5% charged to MPO and 37.5% charged to RMA A copy of the position control changes is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 5. Approval of the following committee for the evaluation of proposals for RFP #CI P 20- 635 Rye Loop Road Culvert Reconstruction. • a. Prarthana Banerji • b. Jon Jones • c. Sean Ray (Gessner Engineering) • d. Bill Hadley • e. Purchasing (Non -Voting) • f. Legal (Non -Voting) Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 6. Permission to advertise RFP #CIP 20-635 Rye Loop Road Culvert Reconstruction. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 7. Purchasing recommends No Award and requests permission to Re -Advertise Bid #20- 084 - Commissary Items for Resale due to limited vendor response and item and specification changes requested by the jail. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 8. Approval of the following committee for the evaluation of proposals for RFQ #20-094 for the Transportation Program Development and Strategic Planning: • a. GaryAmold Vol. 33 Pg. � • b. Prarthana Banerji • c. Irene J eft • d. Representative from County Auditor's Office • e. Duane Peters • f. Purchasing (non-voting) • g. Legal (non-voting) Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 9. Amendment to Contract 19-114R for Hydro -Mulch Seeding of County Right of Ways .with Britten Hydroseeding to extend the contract for 30 days. A copy of the amended contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 10. Approval of agreement CI P 20-521 for Redundant Internet Connection with AT&T. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 11. Approval of the Final Plat of the Town of Millican Block 1., Lots 1R, 2R & 3R Being a Minor Replat of the Town of Millican Recorded in Volume'P', Page 484 and Being a Part of the Called 3.428 Acre Tract Recorded in Volume 12244, Page 62; E.M. Millican League, A-40; Millican, Brazos County, Texas. Site located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley; Peters. 12. Acceptance of Special Warranty Deed from Alex Long and Melanie Long for 0.16 of one acre of land to be used for improvements to White Switch Road located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Other. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 13. Acceptance of Special Warranty Deed from Donald L. South and Misty K. South for 0.70 of one acre of land to be used for improvements to White Switch Road located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 14. Request permission to enter private property owned by Cathy Figert on Smith Road 1,535 feet northwest of Alexander Road. County will reshape drainage channel to eliminate erosion and water crossing road. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 15. Request permission to enter private property owned by Bradley and Sandra Cemovich and Sean and Angela McDeavitt on Raven's Nest 420 feet southwest of Raven Drive. County will construct a channel to help with drainage. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 16. Approval of the Final Plat of Australian Shepherd Club of America Lot 1, Block 1 being all of a 1.345 Acre Tract of Land described in a deed to Australian Shepherd Club of America, Inc. recorded in Volume 1597, Page 321 Official Records of Brazos County; Stephen F. Austin Survey, A-63; City of Bryan ETJ, Brazos County, Texas. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 17. Expenditure Journal Entries • FY 19/20 030025 - 030033 A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 18. Tax Refund Applications for the following: • a. Cassandra McKay - Overpayment $24.99 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 19. Budget Amendments. Vol. 313 pg. B Budget Amendments FY 19/20 25.1 - 25.5 25.1 Transfer funds from Contingency Fund to Risk Management. 25.2 Reallocate funds for Constable, Precinct 4. 25.3 To recognize a donation from Hot Dogs Etc. to the Health and Wellness Clinic. 25.4 Transfer funds from General Capital Improvements Fund to Sheriff's Office. 25.5 Transfer funds from Contingency Fund to General Capital Improvement Fund. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 20. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. 21. Payment of Claims. Claims 8024347 — 8024538 22. Acknowledgement of the Brazos Valley Economic Development Corporation's Annual Report for the fiscal year ended September 30, 2019. The Court acknowledged receipt of the Brazos Valley Economic Development Corporation's Annual Report for year ended September 30, 2019. 23. Juvenile Director's report on detention population. The Juvenile Director was not present to give a report. 24. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 534 inmates in jail, 451 inmates are male and 83 are female, 53 have electronic monitors and 12 are pending for monitors. 25. Announcement of interest items and possible future agenda topics. Candy Gallego, Commissioners' Court Executive Assistant noted that Commissioner Aldrich and Commissioner Catalena participated by phone. 26. Call for Citizen input and/or concerns There was no citizen's input. 27. Adjourn. The foregoing minutes of the Commissioners Court Meeting held March 24, 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 bov� Sammy Catalena Commissioner, Precinct 2 Attest: Karen McQueen County Clerk Pre,- 4-64 AMU Steve Aldrich Commissioner, Precinct 1 Nancy Berry Commissioner, Precinct 3 B RAZ O S COUNTY COMMISSIONER'S COURT DAY OF Oat-�C , 20 oU AM/PM, � Name (PLEASE PRINT) �r ✓LJ o l/ Organization (PLEASE PRINT) , Pg I of .. F Vol. 313 pg.\\� Pg 2,of 2- BRAZOS COUNTY COMMISSIONER'S COURT �. DAY OF d 20 , 10.00 AM/PM, Organization (PLEASE PRINT) G� tA Vol. 7 §W = P. 0 - � 8 c Pg, 13 , ƒ , c � \ { � -- § 2 / ( ( -! no f {( 2§9� � /\7 .{ {/ E2 � 6 § -- 8. 2 / ( ( -! f {( � /\7 .{ {/ E2 o M ) ®M® n g § ®7 _ § 1 V ,a 0 � � Vol _3 pg. -A-- , ƒ , ] � / k/ ® c ° ■ 2 . � 2 {ƒ\ .AMENDMENT TO 19-114R HYDRO -MULCH SEEDING OF COUNTYRIGHT OF WAYS THIS AMENDMENT TO 19-114R HYDRO -MULCH SEEDING OF COUNTY RIGHT OF WAYS ("Amendment") is entered into and effective this 11th. day of April, 2020 .("Effective Date") by and between Brazos- County ("Customer"), and Britten .Hydroseeding., ("Contractor") each. of which may alternatively be, zeferred to herein as a "Party" and collectively as the."Parties". All capitalized terms in. this Amendment shall have the same meaning 'as in the Agreement (as defined below) unless otherwise stated herein. RECITALS WHEREAS, the Parties entered into that certain original contract # 20:16-147 ("Agreement") for purposes -of Britten Hydroseeding to provide of the service of hydro -mulch seeding of county right -df ways; And WHEREAS, the Parties desire to amend the pricing as set forth In original contract 9 201.6447 which expires on April l 1, 2020. AGREEMENT NOW THEREFORE, 'in consideration of the above premises, and other good and Valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows: 1. Extending the contract for 30 days due to the new bid postponed for current health concerns,. with new ezpiration.date of May 11, 2020. .IN WITNESS WHEREOF, the .parties hereto have caused this Amendment to be signed by their authorized representatives as of the Effective Date. This-Arnendment maybe executed in counterparts, all of which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable •forms: of execution ofthig Amendment and -shall be;binding on -all Parties hereto. B .S LINTY BRITTEN HYDROSEEDING Signature Signa r'e . Name Name Title Title ... . o a���. Dat Date' 19-114R Hydro-MulchSeeding of County Right'of Ways' Previously known as.187108R,17.274Rand 2016.147 - • April 12, 2019 through April 11 2020 -• - - - -' ' - " Geonix Environmental e. Cen Tex Hydroseed, Inc Services =ApplicatlonitoSingle Site , fw€ Est. Total Square Yards Definition/Description Price Price Price Square Yards Requested Call out for single site on purchase order for less than 555 square 2,000 sq2 Less than 555 yd2 yards. Brazos County will pay a flat fee for the application of Hydro- 350.00 at k $749.25 Flat Fee $1,500.00 Flat Fee mulch. This only applies to single site purchase orders that have less than 555 square yards indicated. $350,00 t f Call out for single site on purchase order for more than 555 square 3- t More than yd2 yards but less than 4,840 square yards. Brazos County will pay a flat d S. $749.25FI Fee plus .00FIat Fee plus 18,000 sq2 but less than 4,840 n 4 fee for the application of the first 555 square yards of Hydro-mulch a $1.06/yd over the 555th 0.98/$1,50 $0.98/ydt over the 555th plus a cost per square yard for anything after the first 555 square � � - -- yd2 yards This only applies to single site purchase orders that have more f om yard yard than 555 square yards but less than 4,840 squares indicated. Yard' the 55 - Ys Call out for single site on purchase order for more than 4,840 square f 54,900 sq2 More than 4,840 yards. Brazos County will pay a cost per square yard for the ont . $0.90/yd' $0.88/yd' yd2 application of Hydro-mulch. This only applies to single sitepurchase- - orders that have more than 4,840 square yards indicated. ec wat Application to Multiple Sites Est. Total Square Yards - - - Square Yards Requested Definition/Description Price Price Price Call out for multiple sites on purchase order for lessthana total of Less than 2,420 2.420 square yards. Brazos County will pay a flat fee for the 5,000 sq2 application of Hydro-mulch. This only applies to multiple site ISS0,0fi Fee $8,000.00 Flat Fee $4,000.00 Flat Fee yd2 purchase orders that have less than a total of 2,420 square yards indicated. Call out for multiple sites on purchase order for more than a total of $Oa31 d 8, More than 2,420 2'420 square yards. Brazos County will pay a cost per square yard for -to5e or 20,000 sq2 the application of Hydro-mulch. This only applies to multiple site $Oe24�Yd1 f to $1.08/yd= $1.75/yd= yd2 purchase orders that have more than a total of 2,420 square yards Mfa eic YKd indicated. watr ff County n Oyster the en ttg- dl be d as '3 to Exceptions and Alternates .Se cr$O.18/ om NONE NONE Dcfoixr d r each dfoi' rd ReheyM"BtSLBritten.Hydroseeding Appro d by:omissioW46rt on this _ day of �^-� a 2019 by holding the position of 4 eA� v®l0 313 Pg. t. Contract Id: 7585802 -*�m �wp a t &t Customer Signature Page Customer A7&T BRAZOS COUNTY AT&T Corp. Street Address: 300 E 26TH ST City. BRYAN State/Province: TX Zip Code: 77803-5359 Country: US Customer Contact (for.notices) AT&T Contact (foie notices) Name: Lani Maness Street Address: 311 S Akard St Title: Purchasing Agent City: Dallas Street Address: 300 E 26TH ST State/Province: TX City: BRYAN Zip Code: 75202 State/Province: TX Country: US Zip Code: 77803-5359 Country: US With a copy to: Telephone: 9793614284 AT&T Corp. Fax: One AT&T Way Email: LManess@brazoscountytx.gov Bedminster, NJ 07921-0752 ATTN: Master Agreement Customer Account Number or Master Account: Support Team Email: mastOatt.com AT&T:Solution Provider or Representative information (if,applicabie) _, r Name: Company Name: Agent Street Address: City: State: Zip Code: Country: Telephone: Fax: Email: Agent Code: Customer signature serves as a signature of each document listed below. Edits to appended documents, as originally presented by AT&T, are rejected. If the documents listed below include a Master Agreement, such Master Agreement must be fully executed before any of the listed documents will become effective. If Customer Is purchasing Voice Over IP services, the following additional language applies: The undersigned, on behalf of Customer, acknowledges that Customer has received and understands the advisories concerning the circumstances under which E911 service may not be available, as stated In the AT&T Business Voice over IP Services Service Guide found at htti):I/seMceouldenew.aft.com/sa'flashPlaverPaae/BVOIP. Such circumstances include, but are not limited to, relocation of the end user's CPE, use of a non- native or virtual telephone number, failure in the broadband connection, toss of electrical power, and delays that may occur in updating the Customer's location in the automatic location information database. Customer (bv its autho ' d re r sentative By: Name: Duo e Title: JU� Date: AT&T and Customer Confidential Information Handwritten Modifications Within Referenced Contract Documents are Void Page 1 of 1 Vol. 3-13-- Pg. -17 MASTER AGREEMENT Contract Id: 7585800 AT&T MA Reference No. MA14151813UA Customer AT&T BRAZOS COUNTY AT&T Corp. Street Address: 300 E 26TH ST City: BRYAN State/Province: TX B Zip Code: 77803-5359 Country: US Customer Corifact for notices AT&T Contacf W notices)... ;: Name: Lani Maness Street Address: 311 S Akard St Title: Purchasing Agent City: Dallas State/Province: TX Street Address: 300 E 26TH ST Zip Code: 75202 Country: US City: BRYAN State/Province: TX Title: Zip Code: 77803-5359 Country: US With a copy to: Telephone: 9793614284 AT&T Corp. Fax: One AT&T Way Email: LManess@brazoscountytx.gov Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast att.com This Master Agreement ("Master Agreement"), between the customer named above ("Customer") and the AT&T entity named above ("AT&T"), is effective when signed by both Customer and AT&T. Customer AT&T (by its authorized representative) b its authorized re resentative B S' nd B o6;erS9lNtz- Name: ep"ec,o Name: e cont Rsfert Title: Pub Title: 2 Date: Date: ROME ID: 1-CMEERI2 AT&T and Customer Confidential Information Page 4 @11a Vol. L3_ Pfl• J. UA VER 11111/1612012 MASTER AGREEMENT INTRODUCTION Contract Id: 7585800 1.1 Overview of Documents. This Master Agreement and the following additional documents (collectively, the "Agreement") shall apply to all products and services AT&T provides Customer pursuant to this Agreement ("Serviced and shall continue in effect so long as Services are provided under this Agreement: (a) Pricing Schedules. A "Pricing Schedule" means a pricing schedule (including related attachments) or other document that is attached to or is later executed by the parties and references this Master Agreement. A Pricing Schedule includes the Services, the pricing (including discounts and commitments, if applicable) and the pricing schedule tern ("Pricing Schedule Term"). (b) Tariffs and Guidebooks. "Tariffs" are documents containing the descriptions, pricing and other terms and conditions for a Service that AT&T or its Affiliates file with regulatory authorities. "Guidebooks" are documents (designated as Guidebooks or Price Lists) containing the descriptions, pricing and other terms and conditions for a Service that were but no longer are filed with regulatory authorities. Tariffs and Guidebooks can be found at ad.com/servicepublicaflons or other locations AT&T may designate. (c) Acceptable Use Policy. AT&T's Acceptable Use Policy ("AUP") applies to (i) Services provided over or accessing the Internet and (ii) wireless (i.e., cellular) data and messaging Services. The AUP can be found at att.com/auc or other locations AT&T may designate. (d) Service Guides. The descriptions, pricing and other terms and conditions for a Service not covered by a Tariff or Guidebook may be contained in a Service Guide, which can be found at att.com/servicepublications or other locations AT&T may designate. 1.2 Priority of Documents. The order of priority of the documents that form this Agreement is: the applicable Pricing Schedule or Order; this Master Agreement; the AUP; and Tariffs, Guidebooks and Service Guides; provided that Tariffs will be first in priority in any jurisdiction where applicable law or regulation does not permit contract terms to take precedence over inconsistent Tariff terms. 1.3 Revisions to Documents. Subject to Section 8.2(b) (Materially Adverse Impact), AT&T may revise Service Publications at any time. 1.4 Execution by Affiliates. An AT&T Affiliate or Customer Affiliate may sign a Pricing Schedule in its own name, and such Affiliate contract will be a separate but associated contract incorporating the terms of this Agreement. Customer and AT&T will cause their respective Affiliates to comply with any such separate and associated contract. 2. AT&T DELIVERABLES 2.1 Services. AT&T will either provide or arrange to have an AT&T Affiliate provide Services to Customer and its Users, subject to the availability and operational limitations of systems, facilities and equipment. Where required, an AT&T Affiliate authorized by the appropriate regulatory authority will be the service provider. If an applicable Service Publication expressly permits placement of an order for a Service under this Master Agreement without the execution of a Pricing Schedule, Customer may place such an order using AT&Ts standard ordering processes (an "Order"), and upon acceptance by AT&T, the Order shall otherwise be deemed a Pricing Schedule under this Master Agreement for the Service ordered. 2.2 AT&T Equipment. Services may be provided using equipment owned by AT&T that is located at the Site ("AT&T Equipment"), but title to the AT&T Equipment will remain with AT&T. Customer must provide adequate space and electric power for the AT&T Equipment and keep the AT&T Equipment physically secure and free from liens and encumbrances. Customer will bear the risk of loss or damage to the AT&T Equipment (other than ordinary wear and tear), except to the extent caused by AT&T or its agents. 2.3 Purchased Equipment. Except as specified in a Service Publication, title to and risk of loss of Purchased Equipment shall pass to Customer on delivery to the transport carrier for shipment to Customer's designated location. 2.4 License and Other Terms. Software, Purchased Equipment and Third -Party. Services may be provided subject to the terms of a separate license or other agreement between Customer and either the licensor, the third -party service provider or the manufacturer. Customer's execution of the Pricing Schedule for or placement of an Order for Software, Purchased Equipment or Third -Party Services is Customer's agreement to comply with such separate agreement. Unless a Service Publication specifies. otherwise, . AT&T's sole responsibility with respect to Third -Party Services is to place Customer's orders for Third -Party Services, except that AT&T may invoice and collect payment from Customer for the Third -Party Services. 3. CUSTOMER'S COOPERATION 3.1 Access Right. Customer will in a timely manner allow AT&T access as reasonably required for the Services to property and equipment that Customer controls and will obtain at Customer's expense timely access for AT&T as reasonably required for the Services to property controlled by third parties such as Customer's landlord. AT&T will coordinate with and, except in an emergency, obtain Customer's consent to enter upon Customer's property and premises, which consent shall not be unreasonably withheld. Access rights mean the right to construct, install, repair, maintain, replace and remove access lines and network facilities and the right to use ancillary equipment space within a building for Customer's connection to AT&T's network. Customer must provide AT&T timely information and access to Customer's facilities and equipment as AT&T reasonably requires for the Services, subject to Customer's reasonable security policies. Customer will furnish any conduit,. holes, Wreways, wiring, plans, equipment, space, power/utilities and other items as AT&T ROME ID:1-CMEERI2 AT&T and Customer Confidential Information Page 2 of 8 Vol. 13 pg. 1� UA VER III 11/16/2012 Contract Id: 7585800 MASTER AGREEMENT reasonably requires for the Services and will obtain any necessary licenses, permits and consents. (including easements and rights-of- way). Customer will have the Site ready for AT&T to perform its work according to a mutually agreed schedule. 3.2 Safe Working Environment. Customer will ensure that the location at which AT&T installs, maintains or provides Services is a safe working environment, free of Hazardous Materials and reasonably suitable for the Services. "Hazardous Materials" mean any substance or material capable of posing an unreasonable risk to health, safety or property or whose use, transport, storage, handling, disposal or release is regulated by any law related to pollution, to protection of air, water or soil or to health and safety. AT&T shall have no obligation to perform work at a location that is not a suitable and safe working environment or to handle, remove or dispose of Hazardous Materials. 3.3 Users. "User" means anyone who uses or accesses any Service provided to Customer. Customer will cause Users to comply with this Agreement and is responsible for Users' use of any Service unless expressly provided to the contrary in an applicable Service Publication. 3.4 Resale of Services. Customer may not resell the Services or rebrand the Services for resale to third parties without AT&T's prior written consent. 4. PRICING AND BILLING 4.1 Pricing.and Pricing Schedule Term; Terms Applicable After End of Pricing Schedule Term. The prices listed in a Pricing Schedule are stabilized until the end of the Pricing Schedule Term and wilt apply In lieu of the corresponding prices set forth in the applicable Service Publication. No promotion, credit, discount or waiver set forth in a Service Publication will apply. Unless the Pricing Schedule states otherwise, at the end of the Pricing Schedule Term, Customer may continue Service (subject to any applicable notice or other requirements in a Service Publication for Customer to terminate a Service Component) under a month-to-month service arrangement at the prices, terms and conditions in effect on the last day of the Pricing Schedule Term. AT&T may change such prices, terms or conditions on 30 days' prior notice to Customer. 4.2 Additional Charges and Taxes. Prices set forth In a Pricing Schedule are exclusive of and Customer will pay all taxes (excluding those on AT&T's net income), surcharges, recovery fees, customs clearances, duties, levies, shipping charges and other similar charges (and any associated interest and penalties resulting from Customer's failure to timely pay such taxes or similar charges) relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent Customer provides a valid exemption certificate prior to the delivery of Services. To the extent required by law, Customer may withhold or deduct any applicable taxes from payments due to AT&T, provided that Customer will use reasonable commercial efforts to minimize any such taxes to the extent allowed by law or treaty -and will furnish AT&T with such evidence as may be required by relevant taxing authorities to establish that such tax has been paid so that AT&T may claim any applicable credit. 4.3 Billing. Unless a Service Publication specifies otherwise, Customer's obilgation to pay for a Service Component begins upon availability of the Service Component to Customer. Customer will pay AT&T without deduction, setoff or delay for any reason (except for withholding taxes as provided in Section 4.2 - Additional Charges and Taxes or in Section 4.5 - Delayed Billing; Disputed Charges). At Customer's request, but subject to AT&Ts consent (which may not be unreasonably withheld or withdrawn), Customer's Affiliates may be invoiced separately, and AT&T Wit accept payment from such Affiliates. Customer will be responsible for payment if Customer's Affiliates do not pay charges in accordance with this Agreement. AT&T may require Customer or its Affiliates to tender a deposit if AT&T determines, in its reasonable judgment, that Customer or its Affiliates are not creditworthy, and AT&T may apply such deposit to any charges owed. 4.4 Payments. Payment is due within 30 days after the date of the invoice (unless another date is specified in an applicable Tariff or Guidebook) and must refer to the invoice number. Charges must be paid in the currency specified in the invoice. Restrictive endorsements or other statements on checks are void. Customer will reimburse AT&T for all costs associated with collecting delinquent or dishonored payments, including reasonable attorneys' fees. AT&T may charge late payment fees at the lowest of (a) 1,5% per month (18% per annum), (b) for Services contained in a Tariff or Guidebook at the rate specified therein, or (c) the maximum rate allowed by law for overdue payments. 4.5 Delayed Billing; Disputed Charges. Customer Wit not be required to pay charges for Services initially invoiced more than 6 months after close of the billing period in which the charges were incurred, except for calls assisted by an automated or live operator. if Customer disputes a charge, Customer will provide notice to AT&T specifically identifying the charge and the reason it is disputed within 6 months after the date of the invoice in which the disputed charge initially appears, or Customer waives the right to dispute the charge. The portion of charges in dispute may be withheld and will not be considered overdue until AT&T completes its investigation of the dispute, but Customer may incur late payment fees in accordance with Section 4.4 (Payments). Following AT&T's notice of the results of its investigation to Customer, payment of all properly due charges and properly accrued late payment fees must be made within ten (10) business days. AT&T Wit reverse any late payment fees that were invoiced in error. 4.6 Credit Terms. AT&T retains a lien and purchase money security interest in each item of Purchased Equipment and Vendor Software until Customer pays all sums due. AT&T is authorized to sign and file a financing statement to perfect such security interest. 4.7 MARC. Minimum Annual Revenue Commitment ("MARC") means an annual revenue commitment set forth in a Pricing Schedule that Customer agrees to satisfy during each 12 -consecutive -month period of the Pricing Schedule Term. If Customer fails to satisfy the MARC for any such 12 -month period, Customer will pay a shortfall charge in an amount equal to the difference between the MARC and the ROME ID: 1-CMEERI2 AT&T and Customer Confidential Information Page 3 of 8 ol. pg, 0 UA VER 111 11/16/2012 Contract Id: 7585800 MASTER AGREEMENT total of the applicable MARC -Eligible Charges incurred during such 12 -month period, and AT&T may withhold contractual credits until Customer pays the shortfall charge. 4.8 Adjustments to MARC. (a) In the event of a business downturn beyond Customer's control, or a corporate divestiture, merger, acquisition or significant restructuring or reorganization of Customer's business, or network optimization using other Services, or a reduction of AT&T's prices, or a force majeure event, any of which significantly fmpairs'Customer's ability to meet a MARC, AT&T will offer to adjust the affected MARC to reflect Customer's reduced usage of Services (with a corresponding adjustment to the prices, credits or discounts available at the reduced MARC level). If the parties reach agreement on a revised MARC, AT&T and Customer will amend the affected Pricing Schedule prospectively. This Section 4.8 will not apply to a change resulting from Customer's decision to use service providers other than AT&T. Customer will provide AT&T notice of the conditions Customer believes will require the application of this. provision. This provision does not constitute a waiver of any charges, including monthly recurring charges and shortfall charges, Customer incurs prior to amendment of the affected Pricing Schedule. (b) If Customer, through merger, consolidation, acquisition or otherwise, acquires a new business or operation, Customer and AT&T may agree in writing to include the new business or operation under this Agreement. Such agreement will specify the impact, if any, of such addition on Customer's MARC or other volume or growth discounts and on Customer's attainment thereof. 5. CONFIDENTIAL INFORMATION 5.1 Confidential Information. Confidential.lnformation means: (a) Information the parties or their Affiliates share with each other in connection with this Agreement or in anticipation of providing Services under this Agreement (including pricing or other proposals), but only to the extent identified as Confidential Information in writing; and (b) except as may be required by applicable law or regulation, the terms of this Agreement. 5.2 Obligations. A disclosing party's Confidential Information will, for a period of 3 years following its disclosure to the other party (except in the case of software, for which the period is indefinite): (a) not be disclosed, except to the receiving party's employees, agents and contractors having a need -to -know (but only if such agents and contractors are not direct competitors of the other party and agree in writing to use and disclosure restrictions as restrictive as this Section 5) or to the extent authorized to be revealed by law, governmental authority or legal process (but only if such disclosure is limited to that which is so authorized and prompt notice is provided to the disclosing party to the extent practicable and not prohibited by law, governmental authority or legal process); (b) be held in confidence; and (c) be used only for purposes of using the Services, evaluating proposals for new services or performing this Agreement (including in the case of AT&T to detect fraud, to check quality and to operate, maintain and enhance the network and Services). 5.3 Exceptions. The restrictions in this Section 5 will not apply to any information that: (a) is independently developed by the receiving party without use of the disclosing party's Confidential Information; (b) is lawfully received by the receiving party free of any obligation to keep it confidential; or (c) becomes generally available to the public other than by breach of this Agreement. 5.4 Privacy. Each party is responsible for complying with the privacy laws applicable to its business. AT&T shall require its personnel, agents and contractors around the world who process Customer Personal Data to protect Customer Personal Data in accordance with the data protection laws and regulations applicable to AT&T's business. If Customer does not want AT&T to comprehend Customer data to which it may have access in performing Services, Customer must encrypt such data so that it will be unintelligible. Customer is responsible for obtaining consent from and giving notice to its Users, employees and agents regarding Customer's and AT&T's collection and use of the User, employee or agent information in connection with a Service, Customer will only make accessible or provide Customer Personal Data to AT&T when it has the legal authority to do so. Unless otherwise directed by Customer in writing, if AT&T designates a dedicated account representative as Customer's primary contact with AT&T, Customer authorizes that representative to discuss and disclose Customer's customer proprietary network information to any employee or agent of Customer without a need for further authentication or authorization. 6. LIMITATIONS OF LIABILITY AND DISCLAIMERS 6.1 Limitation of Liability. (a) EITHER PARTY'S ENTIRE LIABILITY AND THE OTHER PARTY'S EXCLUSIVE REMEDY FOR DAMAGES ON ACCOUNT OF ANY CLAIM ARISING OUT OF AND NOT DISCLAIMED UNDER THIS AGREEMENT SHALL BE: (i) FOR BODILY INJURY, DEATH OR DAMAGE TO REAL PROPERTY OR TO TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY A PARTY'S NEGLIGENCE, PROVEN DIRECT DAMAGES; (ii) FOR BREACH OF SECTION 5 (Confidential Information), SECTION 10.1 (Publicity) OR SECTION 10.2 (Trademarks), PROVEN DIRECT DAMAGES; (iii) FOR ANY THIRD -PARTY CLAIMS, THE REMEDIES AVAILABLE UNDER SECTION 7 (Third Party Claims); (iv) FOR CLAIMS ARISING FROM THE OTHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PROVEN DAMAGES; OR (v) FOR CLAIMS OTHER THAN THOSE SET FORTH IN SECTION 6.1(a)(i)-(iv), PROVEN DIRECT DAMAGES NOT TO EXCEED, ON A PER CLAIM OR AGGREGATE BASIS DURING ANY TWELVE (12) MONTH PERIOD, AN AMOUNT EQUAL TO THE TOTAL NET CHARGES INCURRED BY CUSTOMER FOR THE AFFECTED SERVICE IN THE ROME ID: 1-CMEERI2 UA VER 111 11/16/2012 AT&T and Customer Confidential Information Vol. 3 fig• Contract Id: 7585800 MASTER AGREEMENT RELEVANT COUNTRY DURING THE THREE (3) MONTHS PRECEDING THE MONTH IN WHICH THE CLAIM AROSE. (b) EXCEPT AS SET FORTH IN SECTION 7 (Third Party Claims) OR IN THE CASE OF A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES OR FOR INCREASED COST OF OPERATIONS. (c) THE LIMITATIONS IN THIS SECTION 6 SHALL NOT LIMIT CUSTOMER'S RESPONSIBILITY FOR THE PAYMENT OF ALL PROPERLY DUE CHARGES UNDER THIS AGREEMENT. 6.2 Disclaimer of Liability. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO: INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, DATA, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR ANY SERVICE ERROR OR INTERRUPTION, INCLUDING INTERRUPTIONS OR ERRORS IN ROUTING OR COMPLETING ANY 911 OR OTHER EMERGENCY RESPONSE CALLS OR ANY OTHER CALLS OR TRANSMISSIONS (EXCEPT FOR CREDITS EXPLICITLY SET FORTH IN THIS AGREEMENT); LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER'S (OR ITS AFFILIATES', USERS' OR THIRD PARTIES') APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION, NETWORKS OR SYSTEMS. 6.3 Purchased Equipment and Vendor Software Warranty. AT&T shall pass through to Customer any warranties for Purchased Equipment and Vendor Software available from the manufacturer or licensor. The manufacturer or licensor, and not AT&T, is responsible for any such warranty terms and commitments. ALL SOFTWARE AND PURCHASED EQUIPMENT IS OTHERWISE PROVIDED TO CUSTOMER ON AN "AS IS" BASIS. 6.4 Disclaimer of Warranties. AT&T MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON -INFRINGEMENT AND SPECIFICALLY DISCLAIMS ANY WARRANTY ARISING BY USAGE OF TRADE OR BY COURSE OF DEALING. FURTHER, AT&T MAKES NO REPRESENTATION OR WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING CALLS TO 911 OR ANY SIMILAR EMERGENCY RESPONSE NUMBER) AND MAKES NO GUARANTEE REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR SUBJECT TO LOAD BALANCING OR THAT AT&T'S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER'S DATA AND INFORMATION. 6.5 Application and Survival. The disclaimer of warranties and limitations of liabilityset forth in this Agreement will apply regardless of the form of action, whether in contract, equity, tort, strict liability or otherwise, of whether damages were foreseeable and of whether a party was advised of the possibility of such damages and will apply so as to limit the liability of each party and its Affiliates and their respective employees, directors, subcontractors and suppliers. The limitations of liability and disclaimers set out in this Section 6 will survive failure of any exclusive remedies provided in this Agreement. 7. THIRD PARTY CLAIMS 7.1 AT&T's Obligations, AT&T agrees at its expense to defend and either to settle any third -party claim against Customer, its Affiliates and its and their respective employees and directors or to pay all damages that a court finally awards against such parties for a claim alleging that a Service provided to Customer under this Agreement infringes any patent, trademark, copyright or trade secret, but not where the claimed infringement arises out of or results from: (a) Customer's, its Affiliate's or a User's content; (b) modifications to the Service by Customer, its Affiliate or a third party, or combinations of the Service with any non -AT&T services or products by Customer or others; (c) AT&T's adherence to Customer's or its Affiliate's written requirements; or (d) use of a Service in violation of this Agreement. 7.2 Customer's Obligations. Customer agrees at its expense to defend and either to settle any third -party claim against AT&T, its Affiliates and its and their respective employees, directors, subcontractors and suppliers or to pay all damages that a court finally awards against such parties for a claim that: (a) arises out of Customer's, its Affiliate's or a User's access to or use of the Services and the claim is not the responsibility of AT&T under Section 7.1; (b) alleges that a Service infringes any patent, trademark, copyright or trade secret and falls within the exceptions in Section 7.1; or (c) alleges a breach by Customer, its Affiliate or a User of a Software license agreement. 7.3 Infringing Services. Whenever AT&T is liable under Section 7.1, AT&T may at its option either procure the right for Customer to continue using, or may replace or modify, the Service so that it is non -infringing. 7.4 Notice and Cooperation. The party seeking defense or settlement of a third -party claim under this Section 7 will provide notice to the other party promptly upon learning of any claim for which defense or settlement may be sought, but failure to do so will have no effect except to the extent the other party is prejudiced by the delay. The party seeking defense or settlement will aflow the other party to control the defense and settlement of the claim and will reasonably cooperate with the defense. The defending party will use counsel reasonably experienced in the subject matter at issue and will not settle a claim without the written consent of the party being defended, which consent will not be unreasonably withheld or delayed, except that no consent will be required to settle a claim where relief against the party being defended is limited to monetary damages that are paid by the defending party under this Section 7. ROME ID: 1-CMEERI2 AT&T and Customer Confidential Information Page 5 of 8 Vol. Pg UA VER 111 11/16/2012 Contract Id: 7585800 MASTER AGREEMENT 7.5 AT&T's obligations under Section 7.1 shall not extend to actual or alleged infringement or misappropriation of intellectual property based on Purchased Equipment, Software, or Third -Party Services. 8. SUSPENSION AND TERMINATION 8.1 Termination of Agreement. This Agreement may be terminated immediately upon notice by either party if the other party becomes insolvent, ceases operations, is the subject of a bankruptcy petition, enters receivership or any state insolvency proceeding or makes an assignment for the benefit of its creditors. 8.2 Termination or Suspension. The following additional termination provisions apply: (a) Material Breach. If either party fails to perform or observe any material warranty, representation, term or condition of this Agreement, including non-payment of charges, and such failure continues unremedied for 30 days after receipt of notice, the aggrieved party may terminate (and AT&T may suspend and later terminate) the affected Service Components and, if the breach materially and adversely affects the entire Agreement, terminate (and AT&T may suspend and later terminate) the entire Agreement. (b) Materially Adverse Impact. If AT&T revises a Service Publication, the revision has a materially adverse impact on Customer and AT&T does not effect revisions that remedy such materially adverse impact within 30 days after receipt of notice from Customer, then Customer may, as Customer's sole remedy, elect to terminate the affected Service Components on 30 days' notice to AT&T, given not later than 90 days after Customer first learns of the revision to the Service Publication. "Materially adverse impacts" do not include changes to non -stabilized pricing, changes required by governmental authority, or assessment of or changes to additional charges such as surcharges or taxes. (c) Internet Services. If Customer fails to rectify a violation of the AUP within 5 days after receiving notice from AT&T, AT&T may suspend the affected Service Components. AT&T reserves the right, however, to suspend or terminate immediately when: (1) AT&T's suspension or termination is in response to multiple or repeated AUP violations or complaints; (ii) AT&T is acting in response to a court order or governmental -notice that certain conduct must be stopped; or (iii) AT&T reasonably determines that (a) it may be exposed to sanctions, liability, prosecution or other adverse consequences under applicable law if AT&T were to allow the violation to continue; (b) such violation may harm or interfere with the integrity, normal operations or security of AT&T's network or networks with which AT&T is interconnected or may interfere with another customer's use of AT&T services or the Internet; or (c) such violation otherwise presents an imminent risk of harm to AT&T, AT&T's customers or its or their respective employees. (d) Fraud or Abuse. AT&T may terminate or suspend an affected Service or Service Component and, if the activity materially -and adversely affects the entire Agreement, terminate or suspend the entire Agreement, immediately by providing Customer with as much advance notice as is reasonably practicable under the circumstances if Customer, in the course of breaching the Agreement: (i) commits a fraud upon AT&T, (ii) uses the Service to commit a fraud upon another party; (iii) unlawfully uses the Service; (iv) abuses or misuses AT&T's network or Service; or (v) interferes with another customer's use of AT&T's network or services. (e) Infringing Services. If the options described in Section 7.3 (Infringing Services) are not reasonably available, AT&T may at its option terminate the affected Services or Service Components without liability other than as stated in Section 71 (AT&T's Obligations). (f) Hazardous Materials. If AT&T encounters any Hazardous Materials at the Site, AT&T may terminate the affected Services or Service Components or may suspend performance until Customer removes and remediates the Hazardous Materials at Customer's expense in accordance with applicable law. 8.3 Effect of Termination (a) . Termination or suspension by either party of a Service or Service Component does not waive any other rights or remedies a party may have under this Agreement and will not affect the rights and obligations of the parties regarding any other Service or Service Component. (b) If a Service or Service Component is terminated, Customer will pay all amounts incurred prior to the effective date of termination. 8.4 Termination Charges (a) If Customer terminates this Agreement or an affected Service or Service Component for cause in accordance with the Agreement or if AT&T terminates a Service or Service Component other than for cause, Customer will not be liable for the termination charges set forth in this Section 8.4. (b) If Customer or AT&T terminates a Service or Service Component prior to Cutover other than as set forth in Section 8.4(a), Customer (1) will pay any pre -Cutover termination or cancellation charges set out in a Pricing Schedule or Service Publication, or (ii) in the absence of such specified charges, will reimburse AT&T for time and materials incurred prior to the effective date of termination, plus any third party charges resulting from the termination. (c) if Customer or AT&T terminates a Service or Service Component after Cutover other than as set forth in Section 8.4(a), Customer will pay applicable termination charges as follows: (1) 50% (unless a different amount is specified in the Pricing Schedule) of any unpaid recurring charges for the terminated Service or Service Component attributable to the unexpired portion ROME I10:1-CMEERI2 UA VER 111 11/16/2012 AT&T and Customer Confidential Information Page 6 of 8 Va. 3 l 3 pg. 3 Contract Id: 7585800 MASTER AGREEMENT of an applicable Minimum Payment Period; (ii) if termination occurs before the end of an applicable Minimum Retention Period, any associated credits orwaived or unpaid non-recurring charges; and (iii) any charges incurred by AT&T from a third party (i.e., not an AT&T,Affiliate) due to the termination. The charges set forth in Sections 8.4(c)(1) and (ii) will not apply if a terminated Service Component is replaced with an upgraded Service Component at the same Site, but only if the Minimum Payment Period or Minimum Retention Period, as applicable, (the "Minimum Period") and associated charge for the replacement Service Component are equal to or greater than the corresponding Minimum Period and associated charge for the terminated Service Component, respectively, and if the upgrade is not restricted in the applicable Service Publication. (d) In addition, if Customer terminates a Pricing Schedule that has a MARC, Customer will pay an amount equal to 50% of the unsatisfied MARC for the balance of the Pricing Schedule Term. 9. IMPORT/EXPORT CONTROL Neither party will use, distribute, transfer or transmit any equipment, services, software or technical information provided under this Agreement (even if incorporated into other products) except in compliance with all applicable import and export laws, conventions and regulations. 10. MISCELLANEOUS PROVISIONS 10.1 Publicity. Neither party may issue any public statements or announcements relating to the terms of this Agreement or to the provision of Services without the prior written consent of the other party. 10.2 Trademarks. Each -party agrees not to display or use, in advertising or otherwise, any of the other party's trade names, logos, trademarks, service marks or other indicia of origin without the other party's prior written consent, which consent may be revoked at any time by notice. 10.3 Independent Contractor. Each party is an independent contractor. Neither party controls the other, and neither party nor its Affiliates, employees, agents or contractors are Affiliates, employees, agents or contractors of the other party. 10.4 Force Majeure. Except for payment of amounts due, neither party will be liable for any delay, failure in performance, loss or damage due to fire, explosion, cable cuts, power blackout, earthquake, flood, strike, -embargo, labor disputes, acts of civil or military authority, war, terrorism, acts of God, acts of a public enemy, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies or other causes beyond such party's reasonable control. 10.5 Amendments and Waivers. Any supplement to or modification or waiver of any provision of this Agreement must be in writing and signed by authorized representatives of both parties. A waiver by either party of any breach. of this Agreement will not operate as a waiver of any other breach of this Agreement. 10.6 Assignment and Subcontracting (a) Customer may, without AT&T's consent but upon notice to AT&T, assign in whole or relevant part its rights and obligations under this Agreement to a Customer Affiliate. AT&T may, without Customer's consent, assign in whole or relevant part its rights and obligations_ under_ this Agreement to an AT&T Affiliate. In no other case may this Agreement be assigned by either party without the prior written consent of the other party (which consent will not be unreasonably withheld or delayed). In the case. of any assignment, the assigning party shall remain financially responsible for the performance of the assigned obligations. (b) AT&T may subcontract to an Affiliate or a third party work to be performed under this Agreement but will remain financially responsible for the performance of such obligations. (c) In countries where AT&T does not have an Affiliate to provide a Service, AT&T may assign its rights and obligations related to such Service to a.local service provider, but AT&T will remain responsible to Customer for such obligations. In certain countries, Customer may be required to contract directly with the local service provider. 10.7 Severability. If any portion of this Agreement is_found to be invalid or unenforceable or if, notwithstanding Section 10.11 (Governing Law), applicable law mandates a different interpretation or result, the remaining provisions will remain in effect and the parties will negotiate in good faith to substitute for such invalid, illegal or unenforceable provision a mutually acceptable provision consistent with the original intention of the parties. 10.8 Injunctive Relief. Nothing in this Agreement is intended to or should be construed to prohibit a party from seeking preliminary or permanent injunctive relief in appropriate circumstances from a court of competent jurisdiction. 10.9 Legal Action. Any legal action arising in connection with this Agreement must be filed within two (2) years after -the cause of action accrues, or it will be deemed time-barred and waived. The parties waive any statute of limitations to the contrary. 10.10 Notices. Any required notices under this Agreement shall be In writing and shall be deemed validly delivered if made by hand (in which case delivery will be deemed to have been effected immediately), or by overnight mail (in which case delivery will be deemed to have been effected one (1) business day after the date of mailing), or by first class pre -paid post (in which case delivery will be deemed to have been effected five (5) days after the date of posting), or by facsimile or electronic transmission (in which case delivery will be deemed to have been effected on the day the transmission was sent). Any such notice shall be sent to the office of the recipient set forth on the cover page of this Agreement or to such other office or recipient as designated in writing from time to time. [*]1TJA11AI50M= 7Va AT&T and Customer Confidential Information Page 7 of 8 Fvo71EEE7Pg- UAVER 11111/1612012 Contract Id: 7585800 MASTER AGREEMENT 10.11 Governing Law. This Agreement will be governed by the law of the State of New York, without regard to its conflict of law principles, unless a regulatory agency with jurisdiction over the applicable Service applies a different law. The United Nations Convention on Contracts for International Sale of Goods will not apply. 10.12 Compliance with Laws. Each party will comply with all applicable laws and regulations and with all applicable orders issued by courts or other governmental bodies of competent jurisdiction. 10.13 No Third Party Beneficiaries: This Agreement is for the benefit of Customer and AT&T and does not provide any third party (including Users) the right to enforce it or to bring an action for any remedy, claim, liability, reimbursement or cause of action or any other right or privilege. 10.14 Survival. The respective obligations of Customer and AT&T that by their nature would continue beyond the termination or expiration of this Agreement, including the obligations set forth in Section 5 (Confidential Information), Section 6 (Limitations of Liability and Disclaimers) and Section 7 (Third Party Claims), will survive such termination or expiration. 10.15 Agreement Language. The language of this Agreement is English. If there is a conflict between this Agreement and any translation, the English version will take precedence. 10.16 Entire Agreement, This Agreement constitutes the entire agreement between the parties with respect to its subject matter. Except as provided in Section. 2.4 (License and Other Terms), this Agreement supersedes all other agreements, proposals, representations, statements and understandings, whether written or oral, concerning the Services or the rights and obligations relating to the Services, and the parties disclaim any reliance thereon. This Agreement will not be modified or supplemented by any written or oral . statements, proposals, representations, advertisements, service descriptions or purchase order forms not expressly set forth in this Agreement 11. DEFINITIONS "Affiliate" of a party means any entity that controls, is controlled by or is under common control with such party. "API" means an application program interface used to make a resources request from a remote implementer program. An API may include coding, specifications for routines, data structures, object classes, and protocols used to communicate between programs. "AT&T Software" means software, including APIs, and all associated written and electronic documentation and data owned by AT&T and licensed by AT&T to Customer. AT&T Software does not include software that is not furnished to Customer. "Customer Personal Data" means information that identifies an individual, that Customer directly or indirectly makes accessible to AT&T and that AT&T collects, holds or uses in the course of providing the Services. "Cutover" means the date Customer's obligation to pay for Services begins. "Effective Date" of a Pricing Schedule means the date on which the last party signs the Pricing Schedule unless a later date is required by regulation or law. "Minimum Payment Period" means the Minimum Payment Period identified for a Service Component in a Pricing Schedule or Service Publication during which Customer is required to pay recurring charges for the Service Component "Minimum Retention Period" means the Minimum Retention Period identified for a Service Component in a Pricing Schedule or Service Publication during which Customer is required to maintain service to avoid the payment (or repayment) of certain credits, waived charges or amortized charges. "Purchased Equipment" means equipment or other tangible products Customer purchases under this Agreement, including any replacements of Purchased Equipment provided to Customer. Purchased Equipment also includes any internal code required to operate such Equipment. Purchased Equipment does not include Software but does include any physical media provided to Customer on which Software is stored. "Service Component" means an individual component of a Service provided under this Agreement. "Service Publications" means Tariffs, Guidebooks, Service Guides and the AUP. "Site" means a physical location, including Customer's collocation space on AT&Ts or its Affiliate's or subcontractor's property, where AT&T installs or provides a Service. "Software" means AT&T Software and Vendor Software. 'Third•Party Service" means a service provided. directly to Customer by a third party under a separate agreement between Customer and the third party. "Vendor Software" means software, including APIs, and all associated written and electronic documentation and data AT&T furnishes to Customer, other than AT&T Software. ROME ID:1-CMEERI2 AT&T and Customer Confidential lnfonnation Page 8 of 8 Fcg-E:-a:EPg. a5 UA VER 111 11/1612012 AT&T Dedicated Internet Presented to Brazos County Dedicated Business Fiber Description Monthly Pricing AT&T Dedicated Fiber 500MB x 500MB $1,878.50 Total Price Per Month . $1,878.50 Pricing Summary — Bundled Service Offers Description Quantity 1.UnIt Price Totals IPAddresses— Unlimted 1 Included- $0.00 Managed Router- Included 1 Included $0.00 4 Hour SLA- Included 1 Included $0.00 Total Price.:Per Month :: .: ;: $0.00: The above prices are based on current rates and do not include any applicable local, state or federal taxes or surcharges. The rates are 3/31/2020 To ask questions or place an order, contact: Vol. �_ Pg. a � AT&T Dedicated Services Basic Availability SLA T1,T3 , Basic OC3, OC12, 0048, OC192, Wavelength 40/100Gb, Optical Mesh Service (OMS), and All Basic Ethernet Private Line Service Wide Area (EPLSWAN) The Service Availability SLA reinforces AT&T's commitment to service quality and reliability by crediting businesses if they experience an interruption on their domestic T1, Fractional T3, T3, OC3, OC12, OC48, OC192, OMS, Wavelength and Ethernet Private Line Services (EPLS). The Service Availability SLA applies to T1, Fractional T3, T3, OC3, OC12, OC48, OC192, OMS, all EPLSWAN and Wavelength dedicated interoffice services With this Service Availability SLA, AT&T will credit customers based on a credit schedule for any unplanned outage, up to 50% of the monthly service per occurrence, of the Monthly Recurring Charge (MRC) .The warranty applies to the entire portion of the Dedicated circuit that AT&T provides or bills and includes charges for IOC's, Local Channels (if Total Service), Central Office Connections, Access Coordination Functions, Enhanced Reliability Option, Enhanced Diverse Routing Option, Credits are applied to the next month's bill. To participate in the program, a customer must have a dedicated circuit with a T1, Fractional T3, T3, T32, OC3, OC12, OC48, OC192, Wavelength, OMS or EPLS IOC component. Then, the customer needs only to report a trouble following normal procedures and release the circuit for troubleshooting and repair. Most measured troubles reported to AT&T are included in the credit calculation. However, reported troubles for which no problem is found, or if the problem is found to be in the customer's premises equipment or other sources are excluded from the plan. Total credits are determined by the number of times service is interrupted, reported to AT&T and the length of outage as measured by AT&T, for each circuit during a month. Each interruption is calculated independently for each circuit and will not exceed 100 percent of the monthly circuit bill, if more than one interruption occurs. Credits are automatically reflected and applied to the next month's bill. No credits are carried over to later months. Discounts due to pricing plans are applied prior to applying the credit. Credit percentages increase as the outage time increases. For example, each outage, equal to or greater than 1 minute, but less than 1 hour is eligible for a 5 -percent credit. The maximum credit for a single outage is 50 percent for an interruption longer than 9 hours. Notes: 1. The terms and conditions of the Service Availability SLA may vary and will be defined in the Customer's Contract. 2. OCx Premium Service Option is not covered under SLA. The Enhanced Service Availability SLA applies to this option. 3. Optical Mesh Service SLA applies to STS -1 (T45), STS -3C (OC3C), STS -12c (OC92c) or STS24 connection interruptions. The Discount Credit Schedule is the same. However the calculation for determining the discount is (OMS MRC/# of Ports) • % Credit Amount (see example 3) Vol. ,`�I.3 pg.a Credit Schedule If Outage is From: If Outage is Up To: Credit Applied Is: 1 min 59 min 5% 1 hr 1 hr 59 min 10% 2 hr 2 hr 59 min 15% 3 hr 3 hr 59 min 207/67-- 0%4 4hr 4 hr 59 min 25% 5 hr 5 hr 59 m 1 30% 6 hr 6 hr 59 min 35% 7 hr 7 hr 59 min 40% 8 hr 8 hr 59 min 45% 9 hr > 9 hr 50% Example 1: Assume that the total monthly Channel (A) price is $8,550.00 per month. fi'TNPUIallil Channel A Duration ICredit Allowance Credit trouble —#1111 hour 15 minutes 10% 11$855.00 trouble #2 2 hours 59 minutes 15% $1,282.50 total credit 1 25% $2,137.50 Following Month's Bill $6,412.50 MONTH 2 Channel AI Duration IlCredit Allowance 1Credit trouble #1 35 minutes 5% $427.50 trouble #2 11 hours 43 minutes 50% $4,275.00 total credit 550/0 1 $4,207.50 Following Month's Bill $3,847.50 F . 313 pg. a�) MONTH 3 Channel A Duration Credit AllowanceI Credit trouble #1120 minutes 5% $427.50 Following Month's Bill $8,122.50 Example 2: Customer adds an additional Channel (B) during the fourth month which is priced at $6,250.00 per month. CHANNEL B DURATION CREDIT ALLOWANCE CREDIT MONTH 4 Channel B Duration Credit Allowance Credit trouble #1 I 1 -hour 25 minutes I 110% $625.00 trouble #2 2 hours 35 minutes 15% $937.50 total credit I -- 25% 11$1,562.5011 Following Month's Bill for Channel B $4,687.50 CHANNEL A DURATION CREDIT ALLOWANCE CREDIT Channel A Duration 11Credit Allowance Credit Ft r -o -ub—ie-#-1-1 11 hour 00 minutes 10.0% $855.00 Bill for Channel A: $8,550.00 - $855.00 = $7,695.00 Total Monthly Bill for Channels A & B = $7,695.00 + $4,687.50 = $12,382.50 Example 3: Optical Mesh Service: Assume a 5 Port Network and an Optical Mesh Service MRC of $8,550.00. OMS Port A to B F7�tion 1[ Credit Allowance Credit (OMS MRC / #of Ports) * % trouble #1 1 hour 00 minutes Credit Amount. $171.00 ($8550.00/5)'10.0% Bill for OMS Charge $8550.00 - $171.00 = $8,379 SLA Exclusions AT&T is not responsible for failure to meet an SLA resulting from: ■ the conduct of Customers or Users of BWS ■ the failure or deficient performance of power, equipment, services or systems not provided by AT&T, except, in the case of an International Full -Channel, to the extent that AT&T acts as Customer's agent to procure necessary facilities from a non -US telecommunications service provider ■ delays caused or requested by Customer ■ service interruptions, deficiencies, degradations or delays due to Customer Equipment, enhanced services or US access lines, whether provided by AT&T or others (except in the case of an AT&T -provided US Access Channel used with an International End -to -End Service Channel or as specifically provided in a particular SLA) ■ service interruptions, deficiencies, degradations or delays during any period in which AT&T or its agent's are not afforded access to the premises where access lines associated with the Services are terminated ■ service interruptions, deficiencies, degradations or delays during any period when a Service Component is removed from service for maintenance or rearrangement purposes or for the implementation of a Customer order ■ Customer's election to not release a Service Component for testing and/or repair and to continue using the Service Component ■ Force Majeure Conditions ■ service interruptions or delays in investigating and/or fixing a trouble affecting a non -US Service Component due to the hours of operation of the service provider in the country for which Customer is reporting a trouble ■ interruptions caused by the failure of a BWS Service Component connected to a US Domestic Access Channel, or vice versa; in such cases only the failed portion of the overall service (i.e., IOC or US Domestic Access Channel) will be eligible for a credit, unless specifically stated otherwise in this Service Guide ■ interruptions which result or continue because of Customer's failure to authorize replacement of any element of Special Construction AT&T DEDICATED INTERNET PRICING SCHEDULE Contract Id: 7585801 AT&T MA Reference No. MA14151813UA AT&T Contract ID MI814151803 Customer.. AT&T ;. BRAZOS COUNTY AT&T Corp. Street Address: 300 E 26TH ST B: City: BRYAN State/Province: TX Name: Zip Code: 77803-5359 Coun : US Title: Customer Contact for Notices 'AT&T Contact: fot Notices Name: Lan! Maness Name: RENITA BROOKS Title: Purchasing Agent Street Address: 311 S Akard St Street Address: 300 E 26TH ST City: Dallas State/Province: TX City: BRYAN Zip Code: 75202 Country: US State/Province: TX Telephone: 2145354562 Fax: Zip Code: 77803-5359 Email: rb567c@us.att.com Country: US Sales/Branch Manager: Camille Cooksey Telephone: 9793614284 SCVP Name: ROBERT WILLIAMS Fax: Sales Strata: Retail Sales Region: USA Email: LManess@brazoscoun4dx.gov With a copy (for Notices) to: AT&T Corp. One AT&T Way Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast att.com 'AT&T Soldtio ' Provider.or Representative Information (if applicable) Name: Company Name: Agent Street Address: City: State: Zip Code: Country: Telephone: Fax: Email: Agent Code: This Pricing Schedule is part of the Agreement between AT&T and Customer referenced above. Customer AT&T (by its authorized representative) b its authorized representative) By: B: Name: e, Name: Title: d��ejr�ao Title: Date: a onr�°a a Date: AT&T and Customer Confidential Information Page 1 of 7 ROME ID 1-CMEERI2 PS ADI EXPRESS PS_OOR_HS_7162018 (MA XI or Higher) Rate ID: ADIx-102317-82% no—locs—processing Vol. --2d� 3— Pg. 31 AT&T DEDICATED INTERNET PRICING SCHEDULE 1. SERVICES Contract Id: 7585801 AT&T MA Reference No. MA14151813UA AT&T Contract ID MI814151803 Service Service Rublicatlon Location - AT&T Dedicated Intemet(ADI) AT&T Bandwidth Services hftp://service.quidenew.aU.com/sq flashPlaverPage/MIS (see ADI Express) http•11serviceguidenew att com/sg flashPlayerPage/BWS AT&T Cloud Web Security Service hfip:l/service-quidenew.att.com/Sq flashPlayerPage/cwss AT&T Business Wi-F! (fka AT&T WI -F! — Enterprise) hftp://serViceguidenew.aU.com/s-q flashPlaverPage/AWS AT&T Distributed Denial of Service http://service-quidenew.ad.com/s.q flashPlayerPagelSNG AT&T Premises Based Firewall Service http://serviceguidenew.aft.com/sq flashPlayerPage1MSS AT&T CollaborateT"" hftp:/Iserviceguidenew.att.com/Sq flash PlaygrPagelCOLLAB 2. PRICING SCHEDULE TERM AND EFFECTIVE DATES Pricing Schedule Term 36 months PrIcIrfg Schedule Term Start Date Effective Date of this Pricing Schedule Effective Date of Rates and Discounts . Effective Date of this Pricing Schedule 3. MINIMUM PAYMENT PERIOD 4. GRANDFATHERING AND WITHDRAWAL Availability of Service Components is subject to grandfathering and withdrawal per the Service Guide. 5. RATES Section I: AT&T Dedicated Internet Table 1: ADI Self — Installation 1 Ethernet 1 $1,500.00 1 $1,500.00" I $0.00 "Pricing available for ADI speeds of 100 Mbps and below and with electrical interfaces only ROME ID 1-CMEERI2 (MA XI or Higher) no—pcs—processing AT&T and Customer Confidential Information Page 2 of 7 Vol. pg.� PS ADI EXPRESS_PS_OOR_HS3162018 Rate ID: ADix-102317-82% Percent of Monthly Service Fees;'Due Upon Termination . Minimum Payment Period - Service Components Prior to. Com letlon of.Minimum Pa ment Period er Service Coin onent Longer of 12 months or until the end of All Service Components 50% the Pricing Schedule Term Longer of 12 Months or until the end of. Per sitet $250' Pricing Schedule Term tApplies to AT&T Collaborate only. 'This charge applies in lieu of the applicable percentage set forth for termination charges in the Master Agreement. 4. GRANDFATHERING AND WITHDRAWAL Availability of Service Components is subject to grandfathering and withdrawal per the Service Guide. 5. RATES Section I: AT&T Dedicated Internet Table 1: ADI Self — Installation 1 Ethernet 1 $1,500.00 1 $1,500.00" I $0.00 "Pricing available for ADI speeds of 100 Mbps and below and with electrical interfaces only ROME ID 1-CMEERI2 (MA XI or Higher) no—pcs—processing AT&T and Customer Confidential Information Page 2 of 7 Vol. pg.� PS ADI EXPRESS_PS_OOR_HS3162018 Rate ID: ADix-102317-82% AT&T DEDICATED INTERNET PRICING SCHEDULE Table 2: On -Site Installation Contract Id: 7585801 AT&T MA Reference No. MA14151813UA AT&T Contract ID M1814151803 Discount: 93.40% ADI Speed Undiscounted ADI w1 Managed Router Oft'... - Ethernet $1,500.00 Table 3: Flat Rate and Flexible Bandwidth Billing Option - Ethernet (2 Mbps to 1 Gbps) - Group 1, 2, and 3 Available bandwidth levels are subject to qualification at time of each order and may vary for ADI ports/access ordered with or without the Network on Bandwidth Discounted Ethemet Access Monthly Fee Group 1 Discounted . Ethernet Access Monthly Fee Group 2 Discounted. : � Ethemet Access Monthly Fee Group 3 Minimum Bandwidth Commitment , Untliscounted Undiscounted ADI ADI wV w1 AT&T Managed Customer Router Monthly. Router. Mdnthl Fee : Undiscounted Incremental Usage'. '• Fee Per Mbps .. - : • -' 2 Mb s $400.00 $421.00 $635.00 $260.00 $388.00 $355.00 4 Mb s $400.00 $421.00 $635.00 $262.00 $390.00 $325.00 5 Mb s $400.00 $421.00 $635.00 $263.00 $391.00 $270.00 8 Mb s $400.00 $421.00 $635.00 $266.00 $394.00 $235.00 10 Mb s $400.00 $421.00 $635.00 $268.00 $396.00 $198.00 20 Mb s $420.00 $449.00 $758.00 $449.00 $577.00 $144.25 50 Mb s $524.00 $572.00 $968.00 $813.00 $955.00 $95.50 100 Mb s $604.00 $651.00 $1280.00 $1,400.00 $1,555.00 $77.75 150 Mb s $610.00 $677.00 $1,412.00 $1,800.00 $1,965.00 $65.50 250 Mb' s $900.00 $900.00 $1,667.00 $2,150.00 $2,240.00 $44.80 400 Mb s $1.100.00 $1,100.00 $2,201.00 $2,700.00 $3,380.00 $42.25 500 Mb s 1 $1,100.00 $1,100.00 $2,239.00 $3,500.00 $4,325.00 $43.25 600 Mb s $1,100.00 $1,100.00 $2,807.00 $4,096.00 $4,840.00 $40.33 1000 Mb s 11,300.00 $1,300.00 $3,184.00 $4,505.00 $5,620.00 $28.10 Discount: Table 4: Flexible Bandwidth Billing Option - Ethernet (2 Gbps to 10 Gbps) - Group 1, 2, 3, and 4 Available bandwidth levels are subject to qualification at time of each order and may vary for ADI portslaccess ordered with or without the ADI on Demand option. ROME ID 1-CMEERI2 (MA XI or Higher) no-pcs_processing AT&T and Customer Confidential Information Page 3 of 7 vol. 313 pg. 33 PS ADI EXPRESS_PS_00R_HS3162018 Rate ID: ADIx-102317-82% 10 Gbps :. 10 Gbps 10:Gtips 1p Gbps Minimum Bandwidth Commitment '. Undiscoun Undiscounted ADI . Undiscounted:ADl Discounted Discounted Discounted Discounted, ted. - Bandwidth' Ethernet Access Ethernet_ Access Ethernet Access Ethemet ,_: Access - wl Customer. . W. AT&T Managed Increment' alUsage Monthly Fee Monthly Fee 'Grou Monthly Fee Monthly.Fee Router Monthly' ::. Fee Router Monthly :. Fee :Fee NO;, Group1 ,; .. 2' :Grou 3 ''Grou 4 2 Gbps $4,000.00 $6,397.00 $10,151.44 NA $9,091.00 $12,276.00 $30.69 3 Gbps $4,000.00 $6,397.00 $10,151.44 NA $13,309.00 $17,981.00 $29.97 4 Gbps $4,000.00 $6,397.00 $10,151.44 NA $16,015.00 $21,591.00 $26.99 5 Gbps $4,000.00 $6,397.00 $10,151.44 NA $18,196.00 $24,553.00 $24.55 ROME ID 1-CMEERI2 (MA XI or Higher) no-pcs_processing AT&T and Customer Confidential Information Page 3 of 7 vol. 313 pg. 33 PS ADI EXPRESS_PS_00R_HS3162018 Rate ID: ADIx-102317-82% m --; AT&T DEDICATED INTERNET PRICING SCHEDULE Contract Id: 7585801 AT&T MA Reference No. MA14151813UA AT&T Contract ID MIS14151803 Table 5: Flat Rate and Flexible Bandwidth Billing Option - Ethernet (20 Gbps to 100 Gbps) - Group 1 and 4 Available bandwidth levels are subject to qualification at time of each order and may vary for ADI portslaccess ordered with or without the ADI on namnntf nnfinn -,•._•._ - -- Bandwidth 10.Gbps._ 10G04, 10 Gbps- x::.10 Gbps? .' ;,Minimum Bandwidth Commitment: _ .. Undiscoun 40 Gbps . Discounted Discounted Discounted Discounted EthernetIncrement' .. ° scounted UndiADI ' Undiscounted ADI tetl Bandwidth Ethernet . Access. Ethernet Access Ethernet Access : Accessal w! Customer,'w/ AT&T Managed Usage. $2.00 Monthl Fee , y Monthly Fee Monthly Fee Monthly Fee Router.Monthly Fee: Router Month y Fee Fee Per 100 Gbps Grou 1 -Grouo 2 Grou 3 .. Grou 4 .: Discount: :Mbs:.. 6 Gb s $4,000.00 $6,397.00 $10,151.44 NA $21,309.00 $28,768.00 $23.97 7 Gb s $4,000.00 $6,397.00 $10,151.44 NA $24,218.00 $32,727.00 $23.38 8 Gb s $4,000.00 $6,397.00 $10,151,44 NA $26,953.00 $36,387.00 $22.74 9 Gb s $4,000.00 $6,397.00 $10,151.44 NA $28,931.00 $39,069.00 $21.71 10 Gb s $4,000.00 $6,397.00 $10,151.44 NA $30,909.00 $41,716.00 $20.86 Discount: - .. .. ..82.00% 8200?/°'- _ 8200! Table 5: Flat Rate and Flexible Bandwidth Billing Option - Ethernet (20 Gbps to 100 Gbps) - Group 1 and 4 Available bandwidth levels are subject to qualification at time of each order and may vary for ADI portslaccess ordered with or without the ADI on namnntf nnfinn -,•._•._ - -- Bandwidth Ethernet .. Access Speed' Discounted Ethernet Access Monti l -Fee Group 1 Discounted Ethernet Access Monthly Fee :'- Group 4 .. Minimum BandWIdth Commitment Undiscounted Incremental sage: Fee Per.': Mbps::--,; Undiscounted ADI Undiscounted ADVW1. wl Customer Router AT&T Managed:: Monthl': Fee Router Monthly fee 20 Gbps 40 Gbps $20,103.65 NA $39,766.00 $49,999.00 $2.00 30 Gbps 1 40 Gbps $20,103.65 NA $49,237.00 $67,242.00 $2.00 40 Gbps 40 Gbps $20,103.65 NA $62,871.00 $84,485.00 $2.00 70 Gbps 100 Gbps $31,043.55 NA $84,800.00 $112,799.00 $1.35 100 Gbps 100 Gbps $31,043.55 NA $104,174.00 $136,595.00 $1.35 Discount: 82.00% - . 82:00'/c .82:00% Table 6: Class Of Service Option - Flexible Bandwidth Billing Option - Monthly Fees The Class of Service option is not available for ADI ports/access ordered with the ADI on Demand option. nicemint. •fnn°i Spied - Undiscounted-ADI�wlorwlo�.Manit ed;RouterMonthi Service Fee* 9.01 to 10.0 Mb s $825.00 15.01-20.0Mb s $1,325.00 45.01-155 Mb s $5,000.00 200 - 250 Mb s $5,400.00 *Applies to ADI Express Only and Charges waived for Sites with AT&T BVoIP Service Table 7: Class Of Service Option - Installation Fees Section III: Additional Service Fees AT&T and Customer Confidential Information Page 4 of 7 ROME ID 1-CMEERI2 PS ADI EXPRESS_PS_00R_HS-7162018 (MA XI or Higher) Rate ID: ADIx-102317-82% no-pcs-processing V®9. 313 Pg. 34 AT&T DEDICATED INTERNET PRICING SCHEDULE Contract Id: 7585801 AT&T MA Reference No. MA14151813UA AT&T Contract ID MIS14151803 Moving Fee: durlh hours - $1,000 per location Additional. Moving Fee.(outside'standard operating hours—.:. 13:00 a.m. to 5:00 pmii Monday throu hfrida Additional $500.00 per location Section IV: AT&T Business In a Box@ AT&T Business in a Box@ is not available for ADI portslaccess ordered with the ADI on Demand option. Option Undiscounted`Monthly Fee'. Base Unit NextGen $75.00 Base Unit 12 Port $75.00 8 Port Analo-q Module Add -On $40.00 Pricing also applies to Service locations in NlasKa Per Site I Per Occurrence during Standard Business Hours. (Monday= Friday., 8:00 am- 5;00 pm,. local time):` U ndiscounted t rvice Charge List Pnce Move, Addition, Change to Service $260.00 Delete Service $500.00 Pricing also applies to service locations in HiasKa Class Of Service Option - when ordered with AT&T BVolP Services only Discount: 100% also acolies to Service locations in Alaska Section V: AT&T Cloud Web Security No discounts apply AT.&T Cloud Web Securi Service. e[ ort 10 users Rate: -. $30.00 Section VI: AT&T WI -F! Enterprise No discounts apply AT&T Business Wi-FI AB er AP per month Rate $30.00 Section VII: AT&T Distributed Denial of Service — Reactive Service qo discounts a Monthly Recurring Chargwl?er. Service Component.(Service Level) _ Circuit. .:.; .... Reactive service supporting from 1 OMbps up to but not including 10OMbps circuit $98.00 Reactive service supporting from IOOMbps up to 1Gbps circuit $301.00 Section VIII: AT&T Distributed Denial of Service — Mitigation Usage Charges Mitigation 1 $497.00 ROME ID 1-CMEERI2 (MA XI or Higher) no—pcs_processing AT&T and Customer Confidential Information Page 5 of 7 aro. 313 pg, 35 PS AD[ EXPRESS _PS OOR_HS_7162018 Rate ID: ADIx-102317-82% AT&T DEDICATED INTERNET PRICING SCHEDULE Section IX: AT&T Premises Based Firewall Service — Small Business — Fortinet Contract Id: 7585801 AT&T MA Reference No, MA14151813UA AT&T Contract ID M1814151803 Jo discounts apply Service Component Monthly RecOring;Charod-ArSeat AT&T Premises -Based Firewall - Small Business - Essential $198.00 AT&T Premises -Based Firewall - Small Business - Standard $330.00 Section X: AT&T Collaborate Table 1: AT&T Collaborate System License Fee A1. r11-- 4. —1.. AT&T Collaborate.Feature Name ,. Monthly Rec.urring,Charge Ed eMarc 3700 Intelligent Ede • RerSeat Basic Voice Seat $22.00 - Enhanced Voice Feature Bundle $5.00 Unified Communication Bundle $8.00 Shared Workspace Bundle $8.00 Polycom VVX 300 Per Urilt Contact Center Bundle 2 Supervisors and 10 Agents) $518.00 Auto Attendant $19.00 Receptionist Web Console $26.00 Pre -alerting Announcement $8.00 Contact Center Agent with Web Clients' $49.00 Contact Center Supervisor with Web Clients' $64.00 'Contact Center Agent with Web Clients and Contact Center Supervisor with Web Clients are add-on features. Customer must purchase Contact Center Bundle to purchase these features. Table 2: AT&T Collaborate Equipment Fee Aln A.—.M. -h, - Type of.Equfpment N -Recurring Charges on PO'Dedice . Ed eMarc 3700 Intelligent Ede $195.00 Adtran NetVanta 1234 24 -port $345.00 Adtran NetVanta 1238P 48. ort $943,00 Polycom SoundStation IP 6000 $669.00 Polycom SoundStation IP 7000 $942.00 Polycom VVX 300 $136.00 Polycom VVX 301 $136.00 Polycom VVX 310 $143.00 Polycom VVX 311 $143.00 Polycom VVX 400 $188.00 Polycom VVX 401 $188.00 Polycom VVX 410 $195.00 Polycom VVX 411 $195.00 Polycom VVX 500 $266.00 Polycom VVX 501 $266.00 AT&T and Customer Confidential Information Page 6 of 7 ROME ID 1-CMEERI2 PS ADI EXPRESS—PS _OOR HS_7162018 (MA XI or Higher) Rate ID: ADIx-102317-82% no—pcs—processing voia 313 Pg AT&T DEDICATED INTERNET PRICING SCHEDULE - Contract Id: 7585801 AT&T MA Reference No. MA14151813UA AT&T Contract ID MIS14151803 Pol corn VVX 600 $331.00 Pol corn VVX 601 $331.00 Pol corn VVX Camera. For use with the WX 500 and VVX 600 $.143.00 Polycom VVX Color Exp Module for VVX 300, 310, 400 410, 500 and 600 $253.50 Polycom RealPresence Trio 8800 IP conf. phone w built-in Wi-F! $1040.00 Yealink-W56P Cordless $130.00 Yealink-W56H Cordless $84.00 Yealink-T40P (Entry level $97.00 Yealink-T46G Mid-level $182.00 Yealink EXP40 (Expansion accessory)' $110.00 Table 3: AT&T Collaborate Installation Fee Nn dicrniink annly Non -Recurring Billing Element - Non -Recurring Charge Per Device. Equipment Installation and Shipping $151.00 ROME ID 1-CMEERI2 (MA XI or Higher) no—pcs_processing AT&T and Customer Confidential Information Page 7 of 7 voi. 3t 3 pg. 3 7 PS ADI EXPRESS_PS_OOR_HS_7162018 Rate ID: ADIx-102317-82% Item Coversheet BRAZOS COUNTY BRYAN,TEXAS Page 1 of 1 M DEPARTMENT: Road and Bridge NUMBER: CC2020-Final Plat Millican Blk 1 Lots 1 R 2R &3R DATE OF COURT MEETING: 3/24/2020 ITEM: Approval of the Final Plat of the Town of Millican Block 1, Lots 1 R, 2R & 3R Being a Minor Replat of the Town of Millican Recorded in Volume 'P', Page 484 and Being a Part of the Called 3.428 Acre Tract Recorded in Volume 12244, Page 62; E.M. Millican League, A-40; Millican, Brazos County, Texas. Site located in Precinct 1. TO: Commissioners Court FROM: Karen Tyler DATE: 03/17/2020 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 Owner/Developer: Larry and Kim Joost NOTESIEXCEPTIONS: Engineer/Surveyor: McClure & Browne Engineering/Surveying, Inc. ATTACHMENTS: File Name Description Type D00002.odf Application for Development Cover Memo Town of Millican Blk 1 Lots R1 -R2- Plat Backup Material R3 150doi.PDF dal. 3 L9 pg. VED Duane Peters Date County Judge temID=203 89 3/19/2020 DocuSign Envelope ID. 843FE86E-8068-447B•88D3.31B1E02EFFAA PLAT APPLICATION Brazos County Road & Bridge Office 2617 SH 21 West Bryan, TX 77803 Telephone: (979) 822-2127 Fax: (979 775-0456 Email: plats o(�brazoscountytx.00v SUbJECT-P. APPLICATION DATE .- . RESUBMITTAL: ❑ YES NO PROJECT/ SUBDIVISION NAME: I-PT5 le Z2 >: 3Q 06>L 2 Tw of #,.t eo ou je6'Pl,r` PROJECT ADDRESS OR LOCATION: WINGFALL ST TX LEGAL DESCRIPTION: MILLICAN TOWNSITE, BLOCK 113, LOT 1-10 & PT OF ALLEY, BLK IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS: 3 TOTALACREAGE JURISDICTION: ❑ CIN LIMITS ❑ ETJ OUTSIDE ALL CITY LIMITS AND ETJs Notification of Application completeness will be given within 10 days of Application date. All incomplete Applications will be rejected. This Application shall expire live (5) years from the Application date of the project. ® RESIDENTIALI ❑ MANUFACTURED HOME I ElCOMMERCIAL RENTAL COMMUNITY ❑ OTHER IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? ❑ YES ® NO Acknowledgment: The flood hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to proposed Developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. Issuance of a Floodplain Permit in accordance with the Brazos County Flood Damage Prevention Ordinance does not imply that Development outside the areas of special flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the part of Brazos County or any officer or employee of Brazos County In the event flooding or flood damage does occur. TXDOT RIGHT-OF-WAY WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? ❑ YES ® NO Vol. P9.3 I DocuSign Envelope ID; 843FE86E-8056-4476-8803-31 81 E02EFFAA FIRM NAMNcClure & Brown Engineering/surveying Inc CONTACT:Greg Hopcus ADDRESS: /OvJ3 WVoWj',,,l1e 've_ --FZIP; ?761 -j - CITY: (24,&J" STATE: PHONE: 979-693-3838 FAX: EMAIL: geegh@mcclurebrowne.com 'TMIM, FIRM NAME: FIRM NAME: CopjTACT. KiM Joost and Larry ]oast CONTACT: ADDRESS: 1332, ADDRESS: CITY: (i/! -(f t)c,,., I STATE: T-eL— ZIP: ZIP: -7 ff 763 PHONE: 979-249-6397 FAX: EMAIL'. EMAIL: kimjooSt@Hotmail.com 'ENGINEER INFORMATION -,,.' FIRM NAME: FIRM NAME: CONTACT: CONTACT: ADDRESS: ADDRESS: CITY: CITY., STATE: ZIP: PHONE: FAX: FAX: EMAIL'. SURVEYOR INFORMATION V'Ll FIRM NAME: CONTACT: ADDRESS: Coonartzez-O& Ole CITY: I STATE: ZIP; PHONE: FAX: EMAIL, FIRM NAME: CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: EMAIL: t AGENT T- AUTHORIZATION: ?.R00'EfkfY �d 'VA*ER- C b N SENT" , voi.. -313 pg. 4 o DocuStgn Envelope ID: 843FE88E-8068-4478-98D3-31B1E02EFFAA By my signature, t hereby affirm that I am the property Owner of recon], or if the App! cant Is an organization or business entity, that authorization has been granted to represent the Owner, organization or business in this AppCitcation. I certify that the preceding information Is complete and accurate, and it Is understood that f agree to the Development/Subdivision of this property. SIGNATURE: 1Ci.K obi PRINTEDNAME- Kim 7005t DATE: 1/9/2020 SIGNATURE: 7St3WAE5Ci1r5A . b� PRINTEDNAME; Larry 7oost DATE: 1/9/2020 By signing this for It$'4obWj�the property authorizes Brazos County to begin proceedngs in accordance with the process for this type of Application Indicated on page one of this Application. The Owner further acknowledges that submission of an Application does not in any way obligate the County to approve the Application and that although County staff may make certa-n recommendations regarding this Application, the Commissioner's Court may not follow that recommendation and may make a final decision that does not conform to the stairs recommendation. DATE APPLICATION RECEIVED: ! I DATE APPLICATION RECEIVED 1 REJECTED: 1 / SIGNATURE: SIGNATURE: Receipt of this Application by Brazos County does not provide confirmation or acceptance of a complete Application, nor does It waive requirements far any additional information not contained as part of this Application which may also be needed as a part of the review process. Application Check List: Copies of finished plat with corrections (if any): ❑ Three (3) hard copies to Brazos County ❑ One (1) .pdf copy to Brazos County ❑ One (1) .dwg copy to Brazos County ❑ One (1) hard copy to Brazos County Health District ❑ One (1) hard copy to Brazos County 911 ❑ One (1) hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): ❑ Letter from Brazos County Health District - For On-site sewage evaluation, ❑ Letter from Brazos County 911 - For Road names. ❑ Letter from Water District or Company. - Stating water availability, etc. If property is within an Extraterritorial Jurisdiction (ETJ) of a City: ❑ Approval notification from appropriate City. Applicant attests that they have signed this Application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this Application is not finished or dated until all documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above. Vol.13 Pg. ii7 sl'^ aii i `ie-` 6�8� ! ------ t a� E ptE i i' IY �Yf _ ,;►73¢4 jt Wt S{Y till t { aYE} 1i"t I;' �:[� ��� 4 1 Y �1 Y `tfjf _ p Mil 117 ee'- �; i � �•iY� � lSe I `t yt e_Y4 .i, t �L r iat7 a 11� fiY $e t !t S t$ae it II tel.E i ill a� fii t i j E 4 9 i Sl j e I E ;t it� f� 7' ft; ;}4� ¢l>_ Si (i° ► i ! I 1 a° off iI III it I v V e a- .Grl—adOff wY 1. pw Ifr�: r lite tr t 431 - I 2i �it_ i s rev 7s- I - rnw7' -----------� j ----Mfr----- Yi I Teae 4 fall L El EB ®[ ❑ mif : .R t "ItR tit ! ------ —, r-----, F Y h Ifr�: r lite tr t 431 - I 2i �it_ i s rev 7s- I - rnw7' -----------� j ----Mfr----- Yi I Teae 4 fall L El EB ®[ ❑ mif : .R t "ItR tit F.313 Pq.�_� ! ------ F.313 Pq.�_� ------ —, r-----, F i J JJ �I I i S IeiVT3' I- frill' + S ILW}!'I - rim" �S 2 '1 y E� �iEr f w�_ �,r:---- I� � — �-----•------- ti � +i � ------ s rerari•. _ Iris ' — — —" —'lilt qr' F.313 Pq.�_� Item Coversheet BRAZOS COUNTY BRYAN,TEXAS Page 1 of 1 F DEPARTMENT: CC 2020 - Right of Way Road and Bridge NUMBER: Acquisition - White Switch Road - Alex and Melanie Long - 0.16 of one acre DATE OF COURT MEETING: 3/24/2020 ITEM: Acceptance of -Special Warranty Deed from Alex Long and Melanie Long for 0.16 of one acre of land to be used for improvements to White Switch Road located in Precinct 1. TO: Commissioners Court FROM: Darrell Kolwes DATE: 03/18/2020 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 SOURCE OF FUNDS: 56001000-80710000 Right of Way Acquisition ATTACHMENTS: File Name Description Two Right of Way Acquisition - Right of Way Acquisition - White Switch Road - Alex and Melanie Long - 0.16 of one acre.odf White Switch Road - Alex and Backup Melanie Long - 0.16 of one Material acre vED Duane Peters Date County Judge Vol, 313 Pfl. . 1-htfnc•//hra%'nc nnimcaaanrla i/ionwn 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 Special Warranty Deed THE STATE OF TEXAS § § COUNTY OF BRAZOS § GRANTOR(S): ALEX LONG and MELANIE LONG Grantor's Mailing Address: 302 Fairway Drive Bryan, Texas 77801-3007 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 264' Street Bryan, Texas 77803 Consideration: White Switch Road KNOW ALL MEN BY THESE PRESENTS: 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.I 6 of one acre situated in the E.M. MILLCAN LEAGUE, A-40, Brazos County Texas, and being a part of that certain Called 9.00 acre tract as described in deed from Rachel Ann FuIk to Alex Long and Melanie Long of record in Volume 14702, Page 285, Official Records of Brazos County, Texas, said 0.16 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 3 Vol. � pg. 1H Reservations from and Exceptions to Conveyance and Warranty: There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, their heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, Iiquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right of Grantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. 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 upon, in or under the property for the construction_ and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting "other minerals." This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described 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. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, 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 hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors 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 claem the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. Executed this day of 1&0 (, 1 , 2020. Alex Long Melanie Long Page 2 of 3 Vol.3__,_- Pg. �J... Acknowledgment STATE OF TEXAS COUNTY OF --L chs - This instrument was acknowledged before me on 3 `1-7 "off D by Alex Long and Melanie Long. �►*"�� DARRELLW KOLWE3 c���"^� '�`►s� i Notary la 03778941 M C.mmission Expires •��„t� July 23, 2022 Notary Public, State of Texas Page 3 of 3 Vol. 3 _ Pfl• ���� 1722 Broadmoor Ste. 105 TRONG Bryan, Texas 77802 a Phone: (979) 776 � 9836 URVEYING, LLC Fax: (979) 731— 0096 FIRM NO. 10093500 Email: curtis@strongsurveying.com f EXHIBIT' A" SHEET 1 OF 4 FIELD NOTES BRAZOS COUNTY RIGHT OF WAY WIDENING WHITE SWITCH ROAD 0.76 OF ONE ACRE OUT OF THE ALEX -LONG AND MELANIE LONG CALLED 9.00 ACRE TRACT VOLUME 14702, PAGE 285 E.M. MILLICAN LEAGUE, A-40 BRAZOS COUNTY, TEXAS JUNE 27, 2019 All that certain lot, tract or parcel of land being 0.16 of one acre situated in the E.M. MILLICAN LEAGUE, Abstract No. 40, Brazos County, Texas, and being a part of that certain Called 9.00 acre tract as described in deed from Rachel Ann Fulk to Alex Long and Melanie- Long of record in Volume 14702, Page 285, Official Records of Brazos County, Texas, said 0.16 of one acre being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" Iron Rod with Cap Found in the Occupied west right-of-way line of White Switch Road (Possible Prescriptive, No Deed Found) for the most northeasterly comer, said comer being the most northeasterly comer of said Called 9. 00 acre tract, said corner also being the most southeasterly comer of the Donald L. South III and Misty K. South Called 9.000 acre tract as described in Volume 13815, Page 146, Official Records of Brazos County, Texas, a PK Nail in Fence Post Found for reference bears N 01 022'40" W a distance of 191.05 feet; THENCE S 01°12'57" E along the Occupied west right-of-way line of said White Switch Road, and the east line of said Called 9.00 acre tract a distance of 342.83 feet to a Calculated angle point for corner, a 1/2" Iron Rod Found for reference bears S 63°04'21" W a distance of 0.21 feet; THENCE S 00"50'12" E a distance of 268.77 feet to a 1/2" Iron Rod with Cap set for the most southerly comer, a 1/2" Iron Rod with Cap Stamped "6132" Found for reference bears S 0000516° W a distance of 10.88 feet; THENCE N 03002'36" W through the interior of said Called 9.00 acre tract.a distance of 611.40 feet to a 1/2" Iron Rod with Cap Set in the north line of said Called 9.00 acre tract and the south line of said Called 9.000 acre tract for the most northwesterly corner, the Calculated most northwesterly comer of said Called 9.00 acre tract and the most southwesterly comer of said Called 9.000 acre tract bears S 8702619" W a distance of 609.27 feet from which a 1/2" Iron Rod with Cap Found Stamped "6132" bears S 87" 25'19" W a distance of 0.48 feet; va. 3 13 Pg.1Z 1722 Broadmoor Ste. 105 TRGNG Bryan, Texas 77802 a Phone: (979) 776 — 9836 URVEYING, LLC Fax: (979) 731— 0096 FIRM NO. 10093500 Email: curtis@strongsurveying.com V EXHIBIT "A" SHEET 2 of 4 THENCE N 87025'18° E along the north line of said Called 9.00 acre tract and the south line of said Called 9.000 acre tract a distance of 21.28 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.16 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground during the month of May 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 north line of said Called 9.00 acre to grid north, NAD83CORS(2011)epoch 2010.00 Texas State Plane, Central Zone as derived by GPS observations. For other information see accompanying plat. . _ a s=- �W_ mac, A 2 m vi O N =:c mA- D�� m vsy m m :U M Amo Ori D N =�y rnD2 MNrnIn WD -I Nr D ov 3 0 LO) c D� 0o r� 0=2 0mo � 90 O e► z� v0 MATCHLINE MATCHLINE > wz� 70 rn" n 05 znx� �OErntDnOO T O �x n -&oz�a'� 0 0C r- o rn A > M. c nz .� 4*1M--IzmrnQ v2x .o I N � M D=rn� o �o �02 Z man x m n v m "1 W o, x .A SHEET 4kE SHEET—3 OHF ci ONE m m N f 7 w a o- N va. 3 P9. A x o r o m Opo N O a ,pn n m • a_ Ao a SS 8725'19" WW 609.27' to Calculated Corner N 87'24'53" E 630.55' 0 a o. r N m co 3�zoz ooD�a c m tea• Nv_W=o C, N 2b= = o OarNo� A 7 =C1 fn CD o. o-� N O O Q an m '� x a',o � uoi 0 N -tm 7 RZ O IZ y fi Lb ,y 4 I too 1O iV m m N WW D N ow D 13 a o r 01 m O is O I� m D M I � \• =N S N o n,• a 'vim 9 7 N 10 •rl 2 Q. C O a I� a N N I � 0 0 to -U � n 02 m C o I oaw� va. 3 P9. A x o r o m Opo N O a ,pn n m • a_ Ao a SS 8725'19" WW 609.27' to Calculated Corner N 87'24'53" E 630.55' 0 a o. r N m co 3�zoz ooD�a c m tea• Nv_W=o C, N 2b= = o OarNo� A 7 =C1 fn CD o. o-� N O O Q an m '� x a',o � uoi 0 N -tm 7 RZ O IZ y fi Lb ,y 4 I too Vol.aa � a, Pg- S M I S fi k O X m o Sn H a X o- x j 3 W N < o a O i a N� � m a WI a ONwo O m0�� m c G ria3 I n a .o 9 0 r x ' a ° x m o W� Mpp = ` 1 X N�\ N Z 2 oTSN �\ m N 7 ? Ln a CA ten,MX 1'7'1 a � -` a < o a 0 o p c � C) 0 ' 0 c sn cp - n . ° C m > I n g cn C N ? 11M ■ � 01 — e a N en O Q mq O m r4 °—p vm N N ° y O Op N l O a phi- m J c 02 O i= — N ••� NN\ Z N O1 m m to 3 N N a W 3 ■4 W° W Oao 0 -0�m pW O -Coll p- N N {{-iw D - o y O S 10 — m N Vol O rs+� m iu in — 4HF c MATCHLINE SHEET MATCHLINE SHEET 3 ONE I Vol.aa � a, Pg- RIGHT-OF-WAY ACQUISITION AGREEMENT Road: White Switch Road Project: R1-246 W.O. No.: 33514 Precinct: 1 I (we) the undersigned owner(s), accept payment of $8,750.00 as compensation and full settlement for granting of a Special Warranty Deed in, along, upon and across 0.16 of one acre of property located on the above mentioned project. Alex Long Date: bj�x -0- Melanie Long Date: 31 A r�- vol. X13 pg,E/ Item Coversheet BRAZOS COUNTY BRYANJEXAS Page 1 of 1 H DEPARTMENT: CC 2020 - Right of Way Acquisition - White Switch Road = Road and Bridge NUMBER: - Donald and Misty South - 0.70 of one acre DATE OF COURT MEETING: 3/24/2020 ITEM: Acceptance of Special Warranty Deed from Donald L. South and Misty K. South for 0.70 of one acre of land to be used for improvements to White Switch Road located in Precinct 1. TO: Commissioners Court - FROM: Darrell Kolwes DATE: 03/18/2020 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 SOURCE OF FUNDS: 56001000-80710000 Right of Way Acquisition ATTACHMENTS: File Name Description Tvpe Right of Way Acquisition - Right of Wav Acquisition - White Switch Road - Donald and Misty South - 0.70 of one scre.odf White Switch Road - Donald Backup and Misty South - 0.70 of one Material acre 7O D Duane Peters Date County Judge Vol.. N3 Pg.JTo� eb/CoverSheet.asnx?ItemID=20394 3/19/2020 NOTICE OF CONFIDENTIALITY. RIGHTS: IF YOU AREA 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 White Switch Road Special Warranty Deed THE STATE OF TEXAS § KNOW ALL MEN § BY THESE PRESENTS: COUNTY OF BRAZOS § GRANTOR(S): DONALD L. SOUTH, III a/k/a DOANALD LEE SOUTH, III and MISTY K. SOUTH Grantor's Mailing Address: 3284 White Switch Road Navasota, Texas 77868-7376 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 261h 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 0.70 of one acre situated in the E.M. MILLCAN SURVEY, A-40, Brazos County Texas, and being a part of that certain Called 9.00 acre tract described as Tract One 4.50 acre tract and Tract Two 4.5 acre tract as described in deed from Joshua Paul Komurke to Donald Lee South III and Misty K. South of record in Volume 14045, Page 73, and also being a part of that certain Called 9.000 acre tract as described in deed from Joshua Komurke to Donald L. South III and Misty K. South of record in Volume 13815, Page 146, Official Records of Brazos County, Texas, said 0.70 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 I of 3 Vol. ?� 13 p9, Eq Reservations from and Exceptions to Conveyance and Warranty: There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, their heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their heirs, personal representatives, executors, successors. and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right of Grantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. 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 upon, in or under the property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting "other minerals." This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown ofrecord in the office of the County Clerk of Brazos County, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, 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 hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors 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 Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. Executed this� � "'day of F� r u-w.V . .2020. le Donald L. South, III a/k/a Misty K. th Donald Lee South, III Page 2 of 3 Vol.. 33 pg. L_ Acknowledgment STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on �-'�7" a1'a'6 by Donald L. South, III, alWa Donald Lee South, III and Misty K. South. .°` •� DARRELL W KOLWES Notary 10 $13778941 ®; My Commission Expires My 23. 2022 Notary Public, State of Texas Page 3 of 3 Vol: 313 Pg. 1722 Broadmoor Ste. 105 TRONG Bryan, Texas 77802 "I Phone: (979) 776 — 983 6 3URVEYING, LLC Fax: (979) 731— 0096 FERM NO. 10093500 ' Email: curtis@strongsurveying.com 4 ' x EXHIBIT "A" SHEET 1 OF 5 FIELD NOTES BRAZOS COUNTY RIGHT OF WAY WIDENING WHITE SWITCH ROAD 0.70 OF ONE ACRE OUT OF THE DONALD LEE SOUTH III AND MISTY SOUTH CALLED 9.00 ACRE TRACT DESCRIBED AS TRACT ONE AND TWO VOLUME 14045, PAGE 73 AND A CALLED 9.000 ACRE TRACT VOLUME 13815, PAGE 145 E.M. MILLIGAN LEAGUE, A-40 BRAZOS COUNTY, TEXAS JULY 9, 2019 All that certain lot, tract or parcel of land being 0.70 of one acre situated in the E.M. MILLIGAN LEAGUE, Abstract No. 40, Brazos County, Texas, and being a part of that certain Called 9.00 acre tract described as Tract One 4.50 acre tract and Tract Two 4.50 acre tract as described in deed from Joshua Paul Komurke to Donald Lee South III and Misty South of record in Volume 14045, Page 73, and also being a part of that certain Called 9.000 acre tract as described in deed from Joshua Komurke to Donald L. South III and Misty K. South of record in Volume 13815, Page 146, Official Records of Brazos County, Texas, said 0.70 of one acre being more particularly described by metes and bounds as follows: BEGINNING at a 112" Iron Rod with Cap Found in the Occupied west right-of-way line of White Switch Road (Possible Prescriptive. No Deed Found) for the most south easterly corner, said corner being the most southeasterly comer of said Called 9.000 acre tract, said corner also being the most northeasterly corner of the Alex Long and Melanie Long Called 9.00 acre tract as described in Volume 14702, Page 285, Official Records of Brazos County, Texas, a 112" Iron Rod with Cap Found for reference bears S 01°11'03" E a distance of 342.92 feet, THENCE S 87°25'18" W along the south line of said Called 9.000 acre tract and the north line of said Called Alex Long and Melanie Long 9.00 acre tract a distance of 21.28 feet to a 112" Iron Rod with Cap Set for the most southwesterly corner, the Calculated most southwesterly corner of said Called 9.000 acre tract and the most northwesterly corner of said Called Alex Long and Melanie Long 9.00 acre tract bears S 87°25'19° W a distance of 609.27 feet from which a 112" Iran Rod with Cap Found Stamped "6132" bears S 870 25'19'W a distance of 0.48 feet; THENCE N 03002'36" W through the interior of said Called 9.000 acre tract at distance of 621.96 feet passing 112" Iran Rod with Cap Set in the north line of said Called 9.000 acre tract, and the south line of said Called 4.50 acre tract -Tract Two, and continuing through the interior of said Called 4.50 acre tract -Tract Two and of said Called 4.50 acre tract -Tract One for a total distance of 1244.76 feet to a 112" Iron Rod set in the north line of said Called 4.50 acre tract -Tract One, and the south line of the Billy Keith Mckinney and Jennifer R. Mckinney Called 2.554 acre tract as described in Volume 8301, Page 281, Official Records of Brazos County, Texas, for the most northwesterly corner, a 112" Iron Rod Found for the most northwesterly corner of said Called 4.50 acre tract -Tract One, and a 112" Iron Rod Found for the most southwesterly corner of said Called 2.554 acre tract bears S 87016'56" W a distance of 602.64 feet; Vol. 31.3 Pg. 1722 Broadmoor Ste. I05 C1 TRONG Bryan, Texas 77802 Q Phone: (979) 776 9836 OURVEYMG, LLC Fax: (979) 731-- 0096 i FIRM NO. 10093500 Email: curtis@strongsurveying.com EXHIBIT "A" SHEET 2 of 5 THENCE N 87016'56" E along the north line of said Called 4.50 acre tract -Tract One, and the south line of said Called 2.554 acre tract a distance of 18.52 feet to a 2" Pipe found in the Occupied west right-of-way line of said White Switch Road for the most northeasterly corner, said corner being the most northeasterly corner of said Called 4.50 acre tract -Tract One, a 112" Iron Rod Found in the Occupied west right-of-way line of said White Switch Road bears N 87016'56" E a distance of 0.55 feet; THENCE S 04004'20" E along the Occupied west right-of-way line of said White Switch Road and the east line of said Called 4.50 acre tract -Tract One a distance of 303.94 feet to an angle corner for the Calculated most southeasterly corner of said Called 4.50 acre tract -Tract One, said corner also being the Calculated most northeasterly comer of said Called 4.50 acre tract -Tract Two; THENCE S 03020'43" E along the Occupied west right-of-way line of said White Switch Road and the east line of said Called Tract Two 4.50 acre tract distance of 318.74 feet to an angle comer for the Calculated most southeasterly comer of said Called 4.50 acre tract -Tract Two, said corner also being the Calculated most northeasterly corner of said Called 9.00 acre tract, a 112" Iron Rod with Cap Found Stamped "6132" for reference bears S 861148'48" W a distance of 0.18 feet; THENCE S 03016'34" W along the Occupied west right-of-way tine of said White Switch Road and the east line of said Called 9.000 acre tract 431.54 feet to a Calculated angle corner, a PK Nail in Fence Post Found for reference bears N 65016'24"W a distance of 0.65 feet; THENCE S 01°12'07" W a distance of 190.76 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.70 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground during the month of May 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 north line of said Called 4.50 acre -Tract One tract a to grid north, NAD83CORS(2011)epoch 2010.00 Texas State Plane, Central Zone as derived by GPS observations. For other information see accompanying plat. F V01. 3L- =P9- cm+ �� I rn� ?d,��■.Jq x '�' •. ZEN N C:m (d �: •� 01 MC a Ll m cm - C) X m mom rTl nmO .o -I r a O WW °>U a M>O 000 AZ V� °. X m�� Q10D (A o � m -1D r- „n 0 0mz ; 1° a 'noo W �� {ZC eDi m X tn zm D m 0Z<oxn 0 0 w Arno om C � w vm C- O Ln X 0 x z ` v A > I Tin cln .L, o0 O v�nC X 3C a C m Q p G O� LntnF=K� r aC�VZ-n Cz O v .p 0 O= O 4 Ln O rn i!1 �JLq nn a�T�cn�n z n a„ !Z- 1. J T V Ill O m Z T O O ;o --t sn m -� m m ..� rn rn n Z s >"C _ En m C� m O m X 1 W MATCHLINE 0 = MATCHLINE N x •� N �f oD N a N to U1 U' N mq a In W* O N �m x Vol. 313 Po• �$ m D N0ix O -LA0no :0 no O to N N Mtn A7 m Cn . N W m� (AM OO bp � N oa o� C O m CL n 0 m � O 0 0 CL r < y 0 0 to s 0 p N 01 .� N a c SHEET 3 0 m Rip N� o—ym 9 +N� � N�O o. �o!1Q �o 002 a NO O; X e Q N C o CA a N r ca • o G 7 m o The ms FL/) �y < 7O M it zn c) z 2 C) a V K, CD MATCHLINE SHEET 3 MATCHLINE SHEET 4 O X x . m I • m z o w w o NN D7 rop a pp N mp 0+07Car 1 alb Ol 4b 'OWN oy W Gi P. c ? X A p N ? O � a m y two a w rn 0 OHEO 0; A 1 O No �Q "►a N X _U M 3 X S 86.45'48' 1 6Q5.75' Iron Rod with Cap Found m,n O 1 Stomped 161327 z '• -.1 a X O m R m m 2 D r q n rm m cn X Z Un m oc' O LA m r X NN n Op 2 C Q C v 4 NoL W c c N C G -4P P C rn m x 3' w =gip _ �• trim Qi ..{- D o a m m :E-Bc N 0 r, w iE u o s e I� �° mw Is s Iv ,lam '� �� O N W V' x y„ —� 4L r � a► O m o N S AT m - MATCHLINE SHEET 4 p T MATCHLINE ' SHEET 5 m O m X Vol. 313 p9, RIGHT-OF-WAY ACQUISITION AGREEMENT Road: White Switch Road Project: R1-246 W.O. No.: 33514 Precinct: 1 I (we) the undersigned owner(s), accept payment of $21,205.00 as compensation and full settlement for granting of a Special Warranty Deed in, along, upon and across 0.70 of one acre of property Iocated on the above mentioned project. Donald L. South, III a/k/a Donald Lee South, III Date: A"r6ctb -fi� x Misty R uth �J Date: Item Coversheet DEPARTMENT: Road and Bridge DATE OF COURT MEETING: 3/2412020 BRAZOS COUNTY BRYAN,TEXAS NUMBER: Page 1 of 1 1 7a CC 2020 - Private Property Access - Cathy Figert - Smith Road - Improve drainage - - ITEM: Request permission to enter private property owned by Cathy Figert on Smith Road 1,535 - feet northwest of Alexander Road. County will reshape drainage- channel to eliminate erosion and water crossing road. Site is located in Precinct 2. TO: Commissioners Court FROM: Darrell Kolwes DATE: 03/17/2020 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Private Property Access - Cathy Figert - Smith Road - Improve drainage.odf Private Property Access - Cathy Figert - Backup Material Smith Road - Improve drainage APP 0 Duane Peters Date County Judge Vol. 3 3 pg. httt)s://brazos.novusaLenda.com/ALyendaWeb/CoverSheet.ast)x?ItemlD=203 86 3/19/2020 E. Duane Peters Brazos county Judge Steve Aldrich Commissioner Pot.1 Sammy Catatena CommMonor PeL 2 Nancy Bony Commissioner PeL 3 Irmacauioy Commissioner Pat.4 I. OWNER(S): II. ADDRESS: t,,tE Op f• N • s o q T � OP 9 BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM Brazos Couidy Road 6 Bridge Dept 2817 Hwy 21 West Bryan, Texas 77803 Office: B78"822-2127 Fax: 979.7780483 Cathy Michalka Figert (432) 332-0210 Sam McLewis - Pasture Lessee (979) 229-3420 P. 0. Box 4673 - Odessa, Texas 79760-4673 III. LOCATION OF WORK: 1,500 feet northwest of Alexander Road on Smith Road Property !D 349686— George W. Singleton Survey, A-51, Tract'19.1,104.975 acres IV. DESCRIPTION OF WORK: Request permission to enter property to reshape and straighten out drainage channel, Work will require the County to remove and/or trim existing vegetation within work area and install permanent rock riprap to control erosion, if needed. Additional Comments: Unon compietion of work, County will replace affected V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE:. N/A I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. Owner's Signature: Date: /0116�70'axo Cathy Mich ka Figert. ��5 I' -- Prarthad.. anerji County Engineer vol. 313 P9. LQ3 Darrell W. Kolwes Right of Way Agent Item Coversheet BRAZOS COUNTY BRYANJEXAS Page 1 of 1 DEPARTMENT: CC 2020 - Private Property Access, Road and Bridge NUMBER: - Bradley Cernovich and Sean McDeavitt - Ravens Nest - Improve dra DATE OF COURT MEETING: 3/24/2020 ITEM: Request permission to enter private property owned by Bradley and Sandra Cernovich and Sean and Angela McDeavitt on Raven's Nest 420 feet southwest of Raven Drive. County will construct a channel to help with drainage. Site is located in Precinct 2. TO: Commissioners Court FROM: Darrell Kolwes DATE: 03/17/2020 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Private Property Access - Bradley Cernovich amd Backup Private Property Access - Bradley Cernovich amd Sean McDeavitt - Raven s Nest - Improve drainaoe.pdf Sean McDeavitt- Material Raven's Nest - Improve drainage c3 y f�.n Duane Peters Date County Judge vor. 3 P httns://hra7os_novusagenda.com/AgendaWeb/CoverSheet.asnx?ItemID=20387 3/19/2020 E. Duane Peters Brazos County Judge Steve Aldrich Commissioner Pct.1 Sammy Catalena Commissioner Pcl 2 Nancy Berry Commissioner Pct 3 Uma Cauley Commissioner Pet 4 I. OWNER(S): II. ADDRESS: t,. T. . r t Y .r•f1 �+,�. ,utiT BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM Bradley and Sandra Cernovich (979) 731-1567 12 Raven's Nest Bryan, Texas 77808-9718 Brazos County Road & Bridge Dept 2617 Hwy 21 West Bryan, Texas T7803 Office, 979822-2127 FEW. 979.7750453 LOCATION OF WORK: 400 feet southwest of Raven Drive Property ID 38743 — Ravenwood Subdivision, Lot 16A, 1.7787 acres IV. DESCRIPTION OF WORK: Request permission to enter property to reshape drainage channel area approx. 20-30 feet in length. Work will require the County to remove and/or trim existing vegetation within work area. Additional Comments: V. MAINTENANCE: Yes No X 1F YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. Owner's Signature: Prarthana-t3anerji County Engineer Date: /,y /zcs Z c (0a,(�. J77!�V�� Darrell W. Kolwes Right of Way Agent Vol. 313_ Po. LaL F Duane Peters Brazos County Judge Steve Aldrich Commissioner Pct 1 Sammy Catalena Commissioner Pet. 2 Nancy Berry Commissioner Pct 3 Irma Cauley Commissioner Pct. 4 I. OWNER(S): II. ADDRESS: w nr BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM Sean and Angela McDeavitt 14 Raven's Nest Bryan, Texas .77808-9718 Brazos County Road & Bridge Dept 2617 Hwy 21 West Bryan, Texas 77803 Ogee 979-M-2127 Fax 979.775.0453 Ill. LOCATION OF WORK: 400 feet southwest of Raven Drive Property ID 38741— Ravenwood Subdivision, Lot 18B, 1.9979 acres IV. DESCRIPTION OF WORK: Request permission to enter property to reshape drainage channel area approx. 20-30 feet in length. Work will require the County to remove and/or trim existing vegetation within work area. Additional Comments: V. MAINTENANCE:. Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: NIA I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. Owner's Signature: "l' Date: I -on- Prorthana anedi Darrell W. Kolwes County Engineer Right of Way Agent Vol. 3 13 Pg. . Item Coversheet BRAZOS COUNTY BRYANJEXAS Page 1 of 1 0 DEPARTMENT: CC2020-Australian Shepherd Club Road and Bridge NUMBER: of America Lot 1 Blk 1 -Final Plat DATE OF COURT MEETING: 3/24/2020 ITEM: Approval of the Final Plat of.Australian Shepherd Club of America Lot 1, Block 1 being all of a 1.345 Acre Tract of Land described in a deed to Australian Shepherd Club of America, Inc. recorded in Volume 1597, Page 321 Official Records of Brazos County; Stephen F. Austin Survey, A-63; City of Bryan ETJ, Brazos County, Texas. Site is located in Precinct 2. TO: Commissioners Court FROM: Karen Tyler DATE: 03/19/2020 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 Owner/Developer: Australian Shepherd Club of America, Inc. NOTES/EXCEPTIONS: Engineer/Surveyor: Gessner Engineering/Elizondo & Associates Land Surveying & Mapping, LLC. ATTACHMENTS: File Name Description Type D00006.odf Application for Development Backup Material Australian Sheoherd Club of America150doi.PDF Plat Backup Material PP 3 ��a Duane Peters Date ounty .FI-idL Vol. 13 pg. U htti)s://brazos.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=20402 3/19/2020 Brazos County Road & Bridge Office �r?.�•°Fr 2617 SH 21 West Bryan, TX 77803 Telephone: (979) 822-2127 Fax: (979 775-0456 Email: Alats(abrazoscountytx.ctoy QTY Q9 ,94,1` PLAT APPLICATION APPLICATION DATE': PROPERTY,SuBjECT .. RESUBMITTAL: ❑ YES ❑ NO PROJECT/SUBDIVISION NAME: PROJECT ADDRESS OR LOCATION: LEGAL DESCRIPTION: —5&.7700 �Q /0 !- IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS: TOTAL ACREAGE JURISDICTION: CITY LIMITS d ETJ ❑ OUTSIDE ALL CITY LIMITS AND ETJs Notification of Application completeness will be given within 10 days of Application date. All Incomplete Applications will be rejected. This Application shall expire five (5) years from the Application date of the project. ❑ RESIDENTIAL ❑ OTHER (Please expl-in): ❑ MANUFACTURED HOME Iff COMMERCIAL IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? ❑ YES & NO Acknowledgment: The flood hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to proposed Developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data On rare occasions greater floods can and will occur and flood heights may be Increased by man-made or natural causes. Issuance of a Floodplain Permit in accordance with the Brazos County Flood Damage Prevention Ordinance does not imply that Development outside the areas of special flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage does occur. WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? ❑ YES 19 NO va. 313 Pq: INFORM ATI FIRM NAME: FIRM NAME: CONTACT: zi� ADDRESS: --ef�z ADDRESS: 60'71 CITY: PHONE: ZIP: FAX: INFORM ATI FIRM NAME: CONTACT: zi� ADDRESS: --ef�z ADDRESS: 60'71 CITY: PHONE: ZIP: FAX: - FIRM NAME: CONTACT: zi� ADDRESS: --ef�z CITY: STATE: PHONE: FAX FAX: - FIRM NAME: CITY: STATE: PHONE: FAX: - f By my signature, I hereby affirm that I am the property Owner of record, or if the Applicant Is an organization or business entity, that authorization has been granted to represent the Owner, organization or business in this Application. I certify that the preceding information is complete and accurate, and it is underst t I agree to the DevelopmenUSubdivislon of this property. SIGNATURE: DATE: PRINTED NAIM�4 + SIGNATURE: PRINTED NAME: DATE: By signing this form, the Owner of the property authorizes Brazos County to begin proceedings in accordance with the process for this type of Application indicated on page one of this Application. The Owner further acknowledges that submission of an Application does not in any way obligate the County to approve the Application and that although County staff may make certain recommendations regarding this Application, the Commissioner's Court may not follow that recommendation and may make a final decision that does not conform to the staffs recommendation. DATE APPLICATION RECEIVED: l I I DATE APPLICATION RECEIVED I REJECTED: ! I I SIGNATURE: I SIGNATURE: I Receipt of this Application by Brazos County does not provide confirmation or acceptance of a complete Application, nor does it waive I requirements for any additional information not contained as part of this Application which may also be needed as a part of the review process. Application Check List: Copies of finished plat with corrections (if any): ❑ Three (3) hard copies to Brazos County ❑ One (1) .pdf copy to Brazos County ❑ One (1) .dwg copy to Brazos County ❑ One (1) hard copy to Brazos County Health District ❑ One (1) hard copy to Brazos County 911 ❑ One (1) hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): ❑ Letter from Brazos County Health District - For On-site sewage evaluation. D Letter from Brazos County 911 - For Road names. ❑ Letter from Water District or Company. - Stating water availability, etc. If property is within an Extraterritorial Jurisdiction (ETJ) of a City: ❑ Approval notification from appropriate City. Applicant attests that they have signed this Application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this Application is not finished or dated until all documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above. va. 313 P9. q o. N GS 11 1 1 I; II I, I Ih N GS 11 1 1 I; II I, I N GS 11 1 1 OR os IP 11:1�j i 1 7 7 -T Cc Jill I 3Dlz Vol. 3 Pg. 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O C•N N 0000 O O• O O O N 004 O O w 0 0• O O w N W N N O 00 N N co N N O O 07 N 61 N O N 0 O O N O N p U m w rn o+ m o+ rn rn cn m n - N N N N N N N N Z 2 -N O uW M (n1< OA z0 c D to n n n n n n n n n z -icen r 0 0 0 0 0 0 0 0 0 -I mo 3 3 3 3 F. 3 3 3 3 D zc •0 m V V T •0 •a 'o ' 1 -1 z r r r r r r r r r c z E$m x;om X X m 3381 uuuq uu� uu(71 OOR1 OOR1 �W { SEm 'n Mm zzm tntnm OOOm r.rm n m HHm HH 00 DD -iH (ntntn mm DD HHm 3 O -i r- r- mm_ mm z n n Cc F. 3 -1-1H H H H 91-1 r r zz 0 0 r n n z o 0 0 NX -i - - - -- mm - NN mm 'om nC)6) 00 mm 00 r- r- m - rr 33 NN NN n -n ccc -HHH zzxx mm �r D mm {{ - to n r H WW NN zzz 7.1•'a NN •'O W N N N N N N N N 0000 W W N N W W N N N N N D D N N W W N N H A A N N NNN .A A w w W W H NN 00 OC NN WWW NN O NN 00 07 C7 NN NN 0000 NN Z 0161 NN NNN 6101 W00 N N 00 NN 00 OC 00 . N N 6101 NN cc N N 00 N.NN 00 NN 00 0 m w H to to -I t0 l0 A A H H 01 01 tow t0 (D to to V V V V 1414 D - - - m co - HH. Ot0 - to to NN tD tD - v V H H cc V V -44 0101 OO t0 t0 OO lD tD 3 O C O O VV OO VV OO O O 61 a) AA VV VV z O O 00 co to to co O 0 to to 00 lst to to to n Y m m o H1 -co U D 'Dto O G1 m to A A H H 61 01 O W t.0 V H to trt V V V V-4 V D ; M 00 H H 10 LO 10 10 N N 110 00 OD 00 v V O O O O 3 Z Z b to to H H ao 00 N H t0 O N H O V V tT O1 t0 tO tD 0 C FFl 3 AAd O O V V O O O O V V to t++ O O O O 00 O 00 O Ot 61 trt v+ A A O O V V to to N V to v+ z -i co m Vol. 3 Pg. H BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2019-2020 BUDGET YEAR NO. 19/20 25.1— 25.5 On this the 24th 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 24th 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 24th day of March 2020. THE COMNHSSIONERS COURT OF BRAZOS COUNTY, TEXAS. Q -- By: -�:) Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. 313 pg.23 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19120 - 25.1 3124/2020 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Contingency Departmental Support 20 000.00 General Fund Risk Niano ement Departmental Support 20.000.00 Commissioners' Court and Risk Management Reallocation of funds to the appropriate department's account to replenish Risk Management's budget on health and safety items purchased to date, and for furture purchases related to the COViD-19. 4 Della enyApprov_a._ ,... _ ,Date nn -Date ?j � ' °3!1812020; f.,. •F.nr:tccountin Yu nscsOnly*;°`..� _._.s .fir ';�t . ,„ ��-.v _�,: > a ��"«€�1� .�....r z�"�."',�r;'il'':s�,� m 5�`�.) FUND DIV ACCT DR/CR ACCOUNTNAME Increase Decrease 0100 11001500 61130000 CR Contingency 20,000.00 0100 12500100 60500000 DR Equipment & IT Enhancements 5,111.00 0100 12500100 60600000 DR Office Supplies 14,389.00 Vol. 311_ P9•r1q BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 19/20 - 25.2 3/24/2020 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Constable Pct. #4 Repair & Nfaint 500.00 General Fund Constable Pct. R4 Minor Acquisitions 500.00 Constable Pct k4 Isaac Butler Reallocation of funds to the appropriate de artmenfs account to purchase areplacement office chair. 711 3/18/20261 Dep ctme t For Accountrn�'Pu oscs.Onlv,<.-x zi�.�..... , .,.�.. �, . �. a, � .:. x-. .. t�.� : �,.:,�<� �.y `'f'�s;:`�` r` _-�i �3-�.�,�•�_ " FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 30401100 65550000 CR Radio Maintenance 500.00 0100 30401100 67342000 DR Furniture 500.00 ®9 e 13 pg. S BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19/20 - 25.3 3124/2020 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Health & Life Insurance Fund Other Revenue 60.00 Health & Life Insurance Fund Health & Wellness Clinic Departmental Support 60.00 Health & Life Insurance Fund - Health & Wellness Clinic To recoanize a donation of six 61 S 10 gift cards from Hot Doe Etc. with a total value of $60.00 to be awarded as prizes for raffles and contest held by the Employee Wellness Clinic. 3 � y t s iy t ti's E, � nnpi I J' Zr..�.;, 13 J 1..-:ari ;Coup diidge APoroval _,__, FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 5000 46023000 CR Donations -Other 60.00 5000 64005100 60010000 DR Donation Pfo ert- No Tag 60.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19/20 - 25.4 3/2412020 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Capital Improvement General Capital Fund Improvement Capital Outlay 2,651.68 Capital Improvement Fund I Other Financing Sources 2,651.68 General Fund Other Financing Sources 2.651.68 General Fund Sheriff Administration Jail Minor Acquisitions 2,651.68 4500 63000500 80890000 CR Vehicles 2,651.68 4500 91300000 DR 'transfer to General Fund 2,651.68 0100 49015000 CR Transfer from Capital Fund 2,651.68 0100 28003000 67890000 DR Vehicle Equipment 2,651.68 General Capital Improvement and Sheriff Administration - Jail Reallocation of funds to the appropriate d amnent's account to purchase equipment for Jail's replacement unit #172. nnp 'Date z_ s, ;? `, 4 ,, 3/19/2020- 7 i f De art eritApproVal`.; Coun„ Judge Approval ,-__.: `z ._i . {_Date_ _ � r ,_ ForAccountm Pur oses.Only _. ,- ... , � ,, ,. „_;,_ , _ ,,� , r - _,._; ._ _ -, -€,.. ,_ , •es.. _�, ., �' `='{.I._ aura.--'{ FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 80890000 CR Vehicles 2,651.68 4500 91300000 DR 'transfer to General Fund 2,651.68 0100 49015000 CR Transfer from Capital Fund 2,651.68 0100 28003000 67890000 DR Vehicle Equipment 2,651.68 Vol.'313 Pg. `T `7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19120 - 25.5 S12d/2n2a FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners Court Contingency Departmental Su rt 373,440.00 General Fund OOter Financing Sources 373,440.00 Capital Improvement Fund Odter Financine Sources 373,440.00 Capital Improvement General Capital Fund Improvement Capital Outla 373,440.00 0100 11001500 61130000 CR Contingency 373 440.00 0100 91110000 DR Transfer to General Fund 373,440.00 4500 49028000 CR Transfer from Capital Fund 373,440.00 4500 63000500 80890000 DR Vehicle 373,440.00 Commissioners' Court and General Fund Contingency Reallocation of funds to Ute appropriate de artmenfs account to order replacement vehicles for die FY 2021 budget year. a1x° �� a _Co..un udg Approval c .� b _ �_ .; Date .��, s9..a'_, Eor:AceuounLna.l'ur 3 5� sccOnl {a.4 ,:,� i� r.,I n,*�; s. � ;t.r'�-, b i w-.�ti�.. _'-� �*':t r' -�- .a�' � ��.��=ti ` ,� : ��r' W�' FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 373 440.00 0100 91110000 DR Transfer to General Fund 373,440.00 4500 49028000 CR Transfer from Capital Fund 373,440.00 4500 63000500 80890000 DR Vehicle 373,440.00 Vol. 313 Pg._Tb__ PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: March 24, 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 Spelce, Paul Separation Health & Wellness Clinic Adams, Keta Separation Juvenile Services — Detention Lee, Debra Separation Reyes, Juan Separation MPO and Regional Mobility Authority Lyon, Lisa Change of Status Road and Bridge Greer, Kenneth Separation Stracener, Lewis Separation Wagoner, Christopher Employment Sheriffs Office — Detention Center Ileleji, Hart Miller, Houston Tax Office Huie, Angela McMolm, Priscilla Ontiveros, Devin Approved in Commissioners' Court: March 24, 2020: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 3i 3 pg._ 17 q Employment Employment Employment - Employment Change of Status