HomeMy WebLinkAbout2020-06-23 10:00AM REGULAR MEETING (2)'r
BRAZOS COUNTY
B RYAN, T EXAS
NOTICE OF MEETING AND AGENDA
2,120 JUN 19 A 10:.0 8
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BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET
IN REGULAR SESSION ON JUNE 23, 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 3-25:
3. Approval of the Alternate Courtrooms Resolution.
4. Acceptance of 38 digital touchless thermometers from The Brazos Transit District to
Emergency Management for an estimated value of $1,400.
5. Acceptance of 14,000 surgical masks from the State of Texas for Courthouse
Operations to Emergency Management for an estimated value of $2,800.
6. Permission to apply for Coronavirus Relief Fund (CRF) FY 2020 through the State of
Texas, Texas Department of Emergency Management, accompanied with Resolution
20-013 - Coronavirus Relief Fund Program.
7. Request from Risk Management for Payment Authorization to Victory Supply in the
amount of $9,500.00 for the purchase of 10,000 disposable masks to be used for the
courthouse and jury selections. A purchase order was not obtained in advance.
8. Permission to advertise an auction of surplus property. '
9. Renewal of Contract #20-130R for Third Party Guardianship Services with Family
Eldercare.
10. Approval of Service Contract #CI P 20-525 for window and wall seal repair at the. Brazos
County Administration Building with Garland/DBS Inc. in the amount of $49,597.00..
u
Y
11. Approval of Service Contract #CI P 20-527 Roof Leak Repair at the Brazos County
Courthouse with Garland/DBS, Inc. in the amount of $48,244.00.
12. Contract renewal with Limestone/Freestone County for juvenile pre -adjudication
detention services.
13. Request from Risk Management to rescind the previously approved Memorandum of
Understanding (MOU) with the Department of Public Safety for driver records signed on
August 27, 2019 and replace with the revised version of the MOU.
14. Approval of the Brazos County Equal Employment Opportunity (EEO) Plan.
15. Request ' permission to enter private property owned by Richard and Melanie Bauer at
5817 Stousland Road. County will clear underbrush on curve to improve site d istance.
Site is located in Precinct 1.
16. Request permission to enter private property owned by Eric and Holly Mitchem at 5665
Stousland Road. County will clear underbrush on curve to improve site distance. Site is
located in Precinct 1.
17. Consider and take action on the Wellborn Special Utility District utility permit to construct
a road bore for an 8 inch water line crossing I &G N Road 1,100 feet southeast of I ris
Lane. Site is located in Precinct 1.
18. Request from Road and Bridge for approval of a road work notification process to
provide residents advance notice of road construction/maintenance on county
maintained roadways and rights of ways.
19. Expenditure Journal Entries
9 FY19-20 FD0618201 - FD0618202
20. Tax Refund Applications for the following:.
Overpayments
a. Carolyn Hollis - $365.00
• b. Leticia Benning - $448.35
• c. Manuel Castrellon - $19.94
• d.. Charles Scott & Donna Michelle Mareth - $1,508.13
• e. Rose Stella Bayer Shea $59.68
• f. Herman Manning - $23.90
• g. Select Portfolio c/o Lereta LLC - $829.34
• h. Betty Randolph - 48.75
21. Budget Amendments.
Budget Amendments FY 19/20 38.1 - 38.3
22. Personnel Change of Status.
Personnel Action Forms
23. Payment of Claims.
24. Convene into Executive Session pursuant to the following:
• a. Texas Government Code §551.072 to deliberate the purchase, exchange,
lease, or value of real property.
• b. Texas Government Code §551.074 to discuss personnel regarding duties and
Vol. 31 tQ pg. �_
responsibilities of Budget Officer and Chief of Staff and Court self-evaluation.
25. Consider and possible action on Executive Sessions.
26. Juvenile Director's report on detention population.
27. Sheriff's report on inmate population.
28.. Announcement of interest items and possible future agenda topics.
29. Call for Citizen input and/or concerns
30. Adjourn.
von. �111� Pg._9.
J
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four
minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at
the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional
Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a
Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation
under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular,
Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to,
and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the
Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and
appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of
the meeting may result in a Contempt of Court Citation.
it is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or
group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity
of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly,
profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial,
ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted
prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses
from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without
notice to the public. To ensue the public has notice of all matters the Commissioners Court will consider, the County Judge
and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing
policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section
551.042.
INVOCATION
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The
views or beliefs expressed. by the invocation speaker have not been previously reviewed or approved by the Court and.do not
necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to
attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business
of the Court.
The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is
wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two
working days before the meeting. To make arrangements, please call (979) 361-4102.
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3
MINUTES
JUNE 23, 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,
June 23, 2020 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Steve Aldrich, Commissioner of Precinct 1;
Chuck Konderla, Commissioner of Precinct 2;
Nancy Berry, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and officials that were in
attendance.
Invocation and Pledge of Allegiance
- U.S. and Texas Flag — Judge Peters
Call for Citizen input and/or concerns
Chief Deputy Jim Stewart introduced newly promoted Lieutenant Ed Ramirez to the
Court.
Consider and take action on agenda items 3-25:
Approval of the Alternate Courtrooms Resolution.
The Court voted unanimously to approve a resolution to designate Assembly Room 2 of
the Brazos Center and the Auditorium, Suite 199 of the Brazos County Administration
Building as Auxiliary Courtrooms for the purpose of jury selections. A copy of the
resolution is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
4. Acceptance of 38 digital touchless thermometers from The Brazos Transit District to
Emergency Management for an estimated value of $1,400.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
5. Acceptance of 14,000 surgical masks from the State of Texas for Courthouse
Operations to Emergency Management for an estimated value of $2,800.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
6. Permission to apply for Coronavirus Relief Fund (CRF) FY 2020 through the State of
Texas, Texas Department of Emergency Management, accompanied with Resolution
20-013 - Coronavirus Relief Fund Program.
A copy of the grant application and resolution is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
7. Request from Risk Management for Payment Authorization to Victory Supply in the
amount of $9,500.00 for the purchase of 10,000 disposable masks to be used for the
courthouse and jury selections. A purchase order was not obtained in advance.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderia, Peters.
8. Permission to advertise an auction of surplus property.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
9. Renewal of Contract #20-130R for Third Party Guardianship Services with Family
Eldercare.
A copy of the renewal of contract is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
10. Approval of Service Contract #CI P 20-525 for window and wall seal repair at the Brazos
County Administration Building with Garland/DBS Inc. in the amount of $49,597.00.
A copy of the service contract is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
11. Approval of Service Contract #CI P 20-527 Roof Leak Repair at the Brazos County
Courthouse with Garland/DBS, Inc. in the amount of $48,244.00.
A copy of the service contract is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
12. Contract renewal with Limestone/Freestone County for juvenile pre -adjudication
detention services.
A copy of the renewal of contract is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
13. Request from Risk Management to rescind the previously approved Memorandum of
Understanding (MOU) with the Department of Public Safety for driver records signed on
August 27, 2019 and replace with the revised version of the MOU.
A copy of the revised Memorandum of Understanding is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. -
14. Approval of the Brazos County Equal Employment Opportunity (EEO) Plan.
A copy of the plan is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
15. Request permission to enter private property owned by Richard and Melanie Bauer at
5817 Stousland Road. County will clear underbrush on curve to improve site distance.
Site is located in Precinct 1.
Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla; Peters.
16. Request permission to enter private property owned by Eric and Holly Mitchem at 5665
Stousland Road. County will clear underbrush on curve to improve site distance. Site is
VOL pg,_9�5�_
located in Precinct 1.
Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Kondeda, Peters.
17. Consider and take action on the Wellborn Special Utility District utility permit to construct
a road bore for an 8 inch waterline crossing I &GN Road 1,100 feet southeast of Iris
Lane. Site is located in Precinct 1.
Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry Cauley, Konderla, Peters.
18. Request from Road and Bridge for approval of a roadwork notification process to
provide residents advance notice of road construction/maintenance on county
maintained roadways and rights of ways.
A copy is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
19. Expenditure Journal Entries
• FY19-20 FD0618201 - FD0618202
A copy is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
20. Tax Refund Applications for the following:
Overpayments
• a. Carolyn Hollis - $365.00
• b. Leticia Benning - $448.35
• c. Manuel Castrellon - $19.94
• d. Charles Scott & Donna Michelle Mareth - $1,508.13
• e. Rose Stella Bayer Shea - $59.68
• f. Herman Manning - $23.90
• g. Select Portfolio c/o Lereta LLC - $829.34
• h. Betty Randolph - 48.75
Motion: Approve, _Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
21. Budget Amendments.
Budget Amendments FY 19/20 38.1 - 38.3
38.1 Reallocate fund for Fleet Services.
38.2 To recognize a donation from U. S. Armor Corp. to Constable, Precinct 2.
38.3 To recognize a donation from Lowe's Foundation to Risk Management.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
22. Personnel Change of Status.
Personnel Action Forms
A copy of the Personnel Change of Status requests is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
23. Payment of Claims.
Claims
8100851-8100997
9000155-9000184
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters.
24. Convene into Executive Session pursuant to the following:
• a. Texas Government Code §551.072 to deliberate the purchase, exchange,
lease, or value of real property.
• b. Texas Government Code §551.074 to discuss personnel regarding duties and
responsibilities of Budget Officer and Chief of Staff and Court self-evaluation.
At this point, the County Judge announced the Court would consider items 26 through
29 and then return to convene into Executive Session.
Having considered the previously noted agenda items at 10:23 a.m. the County Judge
stated that the Court would convene into Executive Session to (a) to deliberate the
purchase, exchange, lease, or value of real property and (b) to discuss personnel
regarding duties and responsibilities of Budget Officer and Chief of Staff and Court self-
evaluation.
The following individuals were asked to stay for the meeting for Executive Session a:
Candy Gallego, Executive Assistant
Bruce Erratt, Civil Counsel
Ed Bull, Civil Counsel
Irene Jett, Budget Officer
The following individuals were asked to stay for the meeting for Executive Session b:
Candy Gallego, Executive Assistant
Bruce Erratt, Civil Counsel
Ed Bull, Civil Counsel
Jennifer Salazar, Human Resources Director
Irene Jett, Budget Officer
25. Consider and possible action on Executive Sessions.
At 11:10 a.m. the County Judge announced the meeting open to the public and
announced that no action would be taken on the Closed Executive Sessions.
26. Juvenile Director's report on detention population.
Juvenile Director Linda Ricketson reported there are 10 juveniles in the detention center,
7 are male and 3 are female, and 22 have electronic monitors. Ms. Ricketson noted
there were 4 new youth in isolation as per medical protocol.
27. Sheriff's report on inmate population.
Sheriff Chris Kirk stated there were 556 inmates in jail, 477 inmates are male and 79 are
female, 9 have electronic monitors and 0 are pending for monitors. Sheriff Kirk added
there are 9 officers in quarantine and 6 of those have tested negative, 2 officers have
symptoms and will be tested today, and 1 officer is pending testing. He said that 3
inmates are in isolation, 2 have tested negative and 1 is non-compliant.
28. Announcement of interest items and possible future agenda topics.
Commissioner Berry stated the main responsibility of the Court is the health and safety
of our citizens. She proposed face masks be required for businesses and customers in
Brazos County. Commissioner Berry said that Bexar, Waco, Harris and Travis Counties
are requiring masks and said we should follow due to the rise in cases.
Judge Peters said that there is noway to enforce the wearing of the face masks. He
added that we do not have the staff to enforce it and feels that we should continue to
strongly encourage the wearing of masks.
Ed Bull cautioned the Court about discussing this further because it is not listed as an
agenda item.
Commissioner Cauley commented that she supports the requirement of masks.
Commissioner Berry stated she would like this to be placed on the next agenda.
Judge Peters said that if we have the authority to do so, it would be on the next agenda.
29. Call for Citizen input and/or concerns
There was no citizen's input.
30. Adjourn.
The foregoing minutes of the Commissioners Court Meeting held June 23, 2020 have
been examined and are approved in open Court this 7th day ofjuly 2020, in Bryan,
Brazos County, Texas.
Duane Peters
County Judge
Chuck Konderla
Commissioner, Precinct 2
Irma Cawley
Commissioner, Precinct 4
Attest:
alJ"� C
Karen McQueen
County Clerk
Steve Aldrich
Commissioner, Precinct 1
Nancy Be
Commissioner, Precinct 3
Vol. __ Pg, --9q
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BRAZOS COUNTY
COMMISSIONER'S COURT
z3 DAY OF , 20,,-,-o
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BRAZOS COUNTY
COMMISSIONER'S COURT
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VOL 31 L.Q_.__� �.—) o1 _ N
_,
ro A^ E or T
BRAZOS COUNTY
BRYAN, TEXAS
ALTERNATE COURTROOMS RESOLUTION
Whereas: The COVID-19 pandemic has resulted in Brazos County's implementation of social distancing
procedures in order to protect the health and safety of the staff and public; and
Whereas: The courtrooms in the Brazos County Courthouse are not large enough to maintain those social
distancing procedures during the jury selection process, putting employees and the public at risk 6f
contracting COVID-19;
Whereas: The Brazos Center's, Assembly Room 2 and the Auditorium, Suite 199 in the Brazos County
Administration Building are capable of accommodating more people while maintaining proper social
distancing procedures during jury selection;
Whereas: Pursuant to Local Government Code Title 9, Subtitle B, Chapter 292, the Commissioners Court
has the authority to designate another county building as an Auxiliary Courtroom;
Whereas: The Brazos Center, located at 3232 Briarcrest Drive, Bryan, Brazos County, Texas, is a County
building; and
Whereas: The Brazos County Administration Building is located at 200 S. Texas Avenue, Bryan, Brazos
County, Texas, is a County building; and
Whereas: The Commissioners Court of Brazos County now desires to designate Assembly Room 2 of the
Brazos Center as an Auxiliary Courtroom for upcoming jury selection dates; and
Whereas: The Commissioners Court of Brazos County now desires to designate the Auditorium, Suite
199 of the Brazos County Administration Building as an additional Auxiliary Courtroom save and except
for the dates of June 26, 2020 — July 15, 2020 and October 16, 2020 — November 4, 2020.
NOW, THEREFORE, BE IT RESOLVED BY THE COAUMSSIONERS COURT OF BRAZOS
COUNTY:
1. That Assembly Room 2 of the Brazos Center will be designated as an Auxiliary Courtroom for
the following dates:
• July 6 and 7, 2020
• July 13 and 14, 2020
• July 20 and 21, 2020
2. That the Auditorium, Suite 199 of the Brazos County Administration Building will be designated
as an additional Auxiliary Courtroom save and except for June 26, 2020 through July 15, 2020
and October 16, 2020 —through November 4, 2020, inclusive and until further modified or
terminated by Brazos County Commissioners Court.
����0 3 Pg. lob
RESOLVED this day of J 0.
Duane Peters, County Judge f
Precinct 1
�1
Commissioner Nancy Berry
Precinct 3
Attest: Karen McQueen, County Clerk
Commissioner Chuck Konderla
BRAZOS COUNTY, TEXAS
ACCEPTANCE OF DONATED/AWARDED PROPERTY
DONATION OF COUNTY PROPERTY
Date: 06/16/2020
❑Acceptance of Donated/Awarded Property ❑ Donation of County Property
(Awarded property requires signed court documentation)
Acceptance ofbPaateIftmite Property
(.Xe.quit s signedim' ,a i'a:,cum'cptation—NO VALUE ASSESSED)
Item Description:,_ Digital touchless thermometers ......
Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank
fields will be returned for completion.
Make:;. Model:, Year: SNN1N
Functional Non -Functional. Explain if Non -Functional
Additional Description/Information: 38 thermometers
Estimated Value: y 00
Check the appropriate accountbased'on
estimated value of property being accepted:;
❑ 61235000 (Donation - Other)*
0.60010000 (No Asset Tag - Under $500)
❑ 67010000 (Minor Property - $500 - $4999)
❑ 80010000 (Capital Property - Over $5000)
Check the appropriate entity property
donated to:
Government Entity;
Organization Name
Other (Due to Statuatory
requirements prior approval..
is required by Purchasing: Organization Name
,"onarron — urner accounr oiasouuu is to ne usea UNLY for eash/cneck funds donated to Brazos County.
1 certify that the above-mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon
approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or
reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating,
maintenance and insurance costs.
Requesting Department: Eme[gengy Management
DepartnentNameAuthorized Signature
Organization Receiving Donated Property:
Authorized
J
roved by Co . issione ou on this 23 day of . Ju" J-010
Commissioners Court Approval ` O
Vol. t P�. 1
BRAZOS COUNTY, TEXAS
ACCEPTANCE OF DONATED/AWARDED PROPERTY
DONATION OF COUNTY PROPERTY
Date:. 06/16/2020
❑✓ Acceptance of Donated/Awarded Property Donation of County Property
(Awarded property requires signed court documentation)
FlAeceptanee of Mated Inmate Property
(IZequirS signed:: inmate documentation –NO VALUE ASSESSED)
Item Description -.Surgical Masks
Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank
fields will be returned for completion.
Make: .._ Models _...,: Year: SN/VIN #:
Functional Non -Functional. Explain if Non -Functional
Additional Description/Information: 14,000 Surgical Masks for Courthouse Operations
Estimated Value:. $ R 8.00
A 04000tande bf Donated Pi oNi—ty
Check the appropriate account bas ed on
estimated value ofproperty being accepted:
61235000 (Donation - Other)*
✓� 60010000 (No Asset Tag - Under $500)
D 67010000 (Minor Property - $500 - $4999)
D `80010000 (Capital Property - Over $5000)
Check the appropriate entity property being
donated to:
Government Entity:
Other (Due to Statuatory
requirements prior approval .....
is required by Purchasing: Organh
for casAlehack fund.P danatad M Rrn�nr i'nas�/u
5 Name
I certify that the above-mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon
approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or
reject the donation will be made at the sole discretions of Commissioners Court based upon such things as usefulness, projected operating,
maintenance and insurance costs.
Requesting Department: Emergency Malhdgement
Department Name .
Organization Receiving Donated Property:
Authorized Signature
,Zedy ssio Cou on this 2; day of Juf�i-� 11 oto
Commissioners Court Approval
voi. 31 LP Pg. 105
BRAZOS COUNTY
BRYAN, TEXAS
Resolution No. 20-013
Coronavirus Relief Fund (CRF)
WHEREAS, the Brazos County Commissioners Court finds it in the best interest of the citizens of
Brazos County (Geographic Area) that the Coronavirus Relief Fund be operated for the 2020 year;
and
WHEREAS, Commissioners Court agrees to provide applicable matching funds for the said project if
required by the State of Texas, Texas Department of Emergency Management (TDEM) application;
and
WHEREAS, Commissioners Court agrees in the event of loss or misuse of TDEM funds,
Commissioners Court assures that the funds will be returned to the TDEM in full; and
WHEREAS, Commissioners Court designates Duane Peters as the grantee's authorized official. The
authorized official is given the power to apply for accept, reject, alter or terminate the grant on behalf
of the applicant.agency.
NOW, THEREFORE, BE IT RESOLVED that the Commissioners Court of Brazos County approves the
submission of the grant application for the Coronavirus Relief Fund (CRF) Program to the State of
Texas, Texas Department of Emergency M gemen'T.---,
RESOLVED THIS 23`d day of
Duane Peters
County Judge
Commissioner Steve Aldrich
Precinct 1
Commissio r Nancy Berry
Precinct 3
—`;v:�C&Missioner Chuck Konderla
Cbmmissic
_ . Precinct 4,
Brazos County Administration Bldg. - 200 S. Texas Ave. - Suite 310 - Bryan, Texas 77803 - Fax: (979) 361-4176
Vol. 31 pg. I oLo
CORONAVIRUS RELIEF FUND (CRfj
TERMS AND CONDITIONS
TEXAS DIVISION OF EMERGENCY MANAGEMENT
MAY 11, 2020
Pace 1 1 23
voi. l Pg. l0�
About This Document
In this document, grantees will find the terms and conditions applicable to payments distributed in the
form of grants to local units of governments from the Coronavirus Relief Fund established within section
601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic
Security Act ("CARES Act").
These requirements are in addition to those that can be found within the Grant Management System
(GMS), to which grantees agreed to when accepting the grant;:Other state and federal requirements and
conditions may apply to your grant, including but not limited to: 2 CFR Part 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas
Government Code; the Uniform Grant Management Standards (UGMS) developed by the Comptroller of
Public Accounts; the state Funding Announcement or Solicitation under which the grant application was
made; and any applicable documents referenced in the documents listed above.
To the extent the terms and conditions of this grant agreement do not address a particular circumstance
or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the
general objectives, expectations and purposes of this grant agreement and in all cases, according to its fair
meaning. The parties acknowledge that each party and its counsel have reviewed this grant agreement
and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting
party shall not be employed in the interpretation of this grant agreement. Any vague, ambiguous or
conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the
grant agreement.
Page 2 1 23
Vole 3 r1g,
Table of Contents
AboutThis Document............................................................................................................................... 2
1 Grant Agreement Requirements and Conditions......................................................................................5
1.1
Applicability of Grant Agreement and Provisions.........................................................................5
1.2
Legal Authority to Apply...............................................................................................................
5
1.3
Grant Acceptance..........................................................................................................................5
1.4
Project Period................................................................................................................................5
1.5
General Responsibility..................................................................................................................
5
1.6
Amendments and Changes to the Grant Agreement...................................................................
6
1.7
Jurisdictional Cooperation............................................................................................................7
1.8
Public Information and Meetings.................................................................................................7
1.9
Remedies for Non-Compliance.....................................................................................................7
1.10
False Statements by Grantee........................................................................................................8
1.11
Conflict of Interest Safeguards......................................................................................................8
1.12
Fraud, Waste, and Abuse..............................................................................................................8
1.13
Termination of the Agreement.....................................................................................................9
1.14
Limitation of Liability.....................................................................................................................9
1.15
Dispute Resolution......................................................................................................................10
1.16
Liability for Taxes........................................................................................................................10
1.17
Required State Assurances.........................................................................................................10
1.18
System for Award Management (SAM) Requirements...............................................................10
1.19
No Obligation by Federal Government.......................................................................................11
1.20
Notice..........................................................................................................................................11
1.21
Force Majeure.............................................................................................................................11
1.22
Debt to State...............................................................................................................................11
1.23
Franchise Tax Certification..........................................................................................................11
1.24
Severability..................................................................................................................................12
1.25
E-Verify........................................................................................................................................12
1.26
Compliance with Federal Law, Regulations, and Executive Orders............................................12
1.27
Clean Air Act................................................................................................................................12
1.28
Federal Water Pollution Control Act...........................................................................................12
1.29
Suspension and Debarment........................................................................................................12
1.30
Energy Conservation...................................................................................................................13
1.31
Procurement of Recovered Materials.........................................................................................13
1.32
Terminated Contracts.................................................................................................................13
2 Property
and Procurement Requirements..............................................................................................13
2.1 Property Management and Inventory ........................................................................................13
2.2 Consulting Contracts...................................................................................................................14
2.3 Procurement Practices and Policies............................................................................................14
2.4 Contract Provisions Under Federal Awards................................................................................14
3 Audit and Records Requirements; ........................................................................................................... 14
3.1 Cooperation with Monitoring, Audits, and Records Requirements..........................................:14
3.2 Single Audit Requirements..........................................................................................................15
3.3 Requirement to Address Audit Findings.....................................................................................15
Page 3 123
3.4 Records Retention.......................................................................................................................15
4 Prohibited and Regulated Activities and Expenditures...........................................................................16
4.1 Prohibited Costs..........................................................................................................................16
4.2 Political Activities........................................................................................................................16
5 Financial Requirements............................................................................................................................17
5.1
Direct Deposit.............................................................................................................................17
5.2
Payments and Required Documentation....................................................................................17
5.3
Financial Reporting.....................................................................................................................17
5.4
Reimbursements.........................................................................................................................18
5.5
Refunds and Deductions.............................................................................................................18
5.6
Recapture of Funds.....................................................................................................................18
5.7
Liquidation Period.......................................................................................................................18
5.8
Project Close Out........................................................................................................................18
EXHIBIT
A - State of Texas Assurances.............................................................................................................19
EXHIBIT B —CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION.........................................21
EXHIBITC- CERTIFICATION REGARDING LOBBYING........................................................................................22
Page 4 1 23
1 Grant Agreement Requirements and Conditions
1.1 Applicability of Grant Agreement and Provisions
The Grant Agreement is subject to the additional terms, conditions, and requirements of other laws, rules,
regulations and plans recited herein and is intended to be the full and complete expression of and
constitutes the entire agreement between the parties hereto with respect to the subject matter hereof
and all prior and contemporaneous understandings, agreements, promises, representations, terms and
conditions, both oral and written, are superseded and replaced by this Grant Agreement.
Notwithstanding any expiration or termination of this Grant Agreement, the rights and obligations
pertaining to the grant close-out, cooperation and provision of additional information, return of grant
funds, audit rights, records retention, public information, and any other provision implying survivability
shall remain in effect after the expiration or termination of this Grant Agreement.
1.2 Legal Authority to Apply
The grantee certifies that it possesses legal authority to apply forth egrant. A resolution, motion or similar
action has been or will be duly adopted or passed as an official act of the applicant's governing body,
authorizing the filing of the application, including all understandings and assurances contained therein,
and directing and authorizing the person identified as the official representative, or their designee of the
organization to act in connection with the application and to provide such additional information as may
be required.
1.3 GrontAcceptonce
The Notice of Subrecipient Grant Award remains an offer until the fully executed copy of this Grant
Agreement is received by the Texas Division of Emergency Management (TDEM).
1.4 Project Period
Funding has been authorized for eligible expenditures incurred between March 1, 2020 and December 30,
2020. The specific performance period for this grant is listed on the Notice of Subrecipient Grant Award.
All expenditures must be incurred, and all services must be received within the performance period. TDEM
will not be obligated to reimburse expenses incurred after the performance period. A cost is incurred
when the responsible unit of government has expended funds to cover the cost.
1.5 General Responsibility
Per the CARES Act, CRF grant funds may only be used to cover expenses that —
1. are necessary expenditures incurred due to the public health emergency with respect to
the Coronavirus Disease 2019 (COVID-19)
2. were not accounted for in the budget most recently approved as of March 27, 2020 for the
state or government; and
3. were incurred during the period that begins on March 1, 2020 and ends on December 30,
2020.
The US Department of Treasury (Treasury) provided additional guidance on the permissible use of grant
funds, including nonexclusive examples of eligible expenses in the following categories:
1. Medical expenses,
2. Public health expenses,
Pcre 5 1 23
3. Payroll expenses for public safety, public health, health care, human services, and similar
employees whose services are substantially dedicated to mitigating or responding to the
COVID-19 public health emergency,
4. Expenses of actions to facilitate compliance with COVID-19-related public health measures,
S. Expenses associated with the provision of economic support in connection with the COVID-
19 public health emergency, and
6. Any other COVID-19-related expenses reasonably necessary to the function of government
that satisfy the Fund's eligibility criteria.
Further explanation of these categories and examples can be found at the following link:
httPs://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local-
and-Tribal-Govern ments.Ddf
httns://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Frequently-Asked-QUestions.Ddf
The subrecipient agrees that a minimum of 75% of its allotment will be spent in the categories of medical
expenses, public health expenses and payroll expenses for employees substantially dedicated to mitigating
or responding to the public emergency. The remainder of the allotment may be spent in any of the categories
provided within the Treasury guidance.
The grantee certifies compliance with these eligible expenses by executing the CARES Act Coronavirus Relief
Fund Eligibility Certification Form in Exhibit E, which is attached hereto and incorporated for all purposes.
The grantee is responsible for the integrity of the fiscal and programmatic management of the grant project;
accountability for all funds awarded; and compliance with TDEM administrative rules, policies and
procedures, and applicable federal and state laws and regulations.
The grantee will maintain an appropriate grant administration system to ensure that all terms, conditions
and specifications of the grant are met.
1.6 Amendments and Changes to the Grant Agreement
TDEM and the grantee may agree to make adjustments to the grant. Adjustments include, but are not
limited to, modifying the scope of the grant project, adding funds to previously un -awarded cost items or
categories changing funds in any awarded cost items or category, deobligating awarded funds or changing
grant officials.
The grantee has no right or entitlement to reimbursement with grant funds. TDEM and grantee agree that
any act, action or representation by either Party, their agents or employees that purports to waive or alter
the terms of the Grant Agreement or increase the maximum liability of TDEM is void unless a written
amendment to this Grant Agreement is first executed and documented in GMS. The grantee agrees that
nothing in this Grant Agreement will be interpreted to create an obligation or liability of TDEM in excess of
the "Maximum Liability of the TDEM" as set forth in the Notice of Subrecipient Grant Award.
Any alterations, additions, or deletions to the terms of this Grant Agreement must be documented in GMS
to be binding upon the Parties. Notwithstanding this requirement, it is understood and agreed by Parties
hereto, that changes in local, state and federal rules, regulations or laws applicable hereto, may occur during
the term of this Grant Agreement and that any such changes shall be automatically incorporated into this
Grant Agreement without written amendment hereto, and shall become a part hereof as of the effective
date of the rule, regulation or law.
'age 6 1 23
VO 1. lam_ Pgm 1
1.7 Jurisdictional Cooperation
A municipality may yield any portion of its allocated funds to the county within which it exists or a county
may yield any portion of its allocated funds to a municipality within its footprint for eligible expenses. This
may be accomplished in one of the following ways:
1. By a grant amendment, as described in section 1.6, where by funds are deobligated from the original
subrecipient and then added to previously un -awarded costs items or categories of the receiving
jurisdiction's grant award.
2. A subrecipient may use funds pursuant to this agreement to subcontract with another political
subdivision within its jurisdiction for eligible and necessary expenditures incurred due to the public
health emergency. The subrecipient is responsible for ensuring subcontractor eligibility and
maintaining all required documentation.
1.8 Public Information and Meetings
Notwithstanding any provisions of this Grant Agreement to the contrary, the grantee acknowledges that
the State of Texas, TDEM, and this Grant Agreement are subject to the Texas Public Information Act, Texas
Government Code Chapter 552 (the "PIA"). The grantee acknowledges that TDEM will comply with the
PIA, as interpreted by judicial opinions and opinions of the Attorney General of the State ofTexas.
The grantee acknowledges that information created or exchanged in connection with this Grant
Agreement, including all reimbursement documentation submitted to TDEM, is subject to the PIA,
whether created or produced by the grantee or any third party, and the grantee agrees that information
not otherwise excepted from disclosure under the PIA, will be available in a format that is accessible by
the public at no additional charge to TDEM or State of Texas. The grantee will cooperate with TDEM in the
production of documents or information responsive to a request for information.
1.9 Remedies for Non -Compliance
If TDEM determines that the grantee materially fails to comply with any term of this grant agreement,
whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a
notice of award, or any other applicable requirement, TDEM, in its sole discretion may take actions
including:
1. Temporarily withholding cash payments pending correction of the deficiency or more severe
enforcement action by TDEM;
2. Disallowing or denying use of funds for all or part of the cost of the activity or action not in
compliance;
3. Disallowing claims for reimbursement;
4. Wholly or partially suspending or terminating thisgrant;
5. Requiring return or offset of previous reimbursements;
6. Prohibiting the grantee from applying for or receiving additional funds for other grant programs
administered by TDEM until repayment to TDEM is made and any other compliance or audit finding
is satisfactorily resolved;
7. Reducing the grant award maximum liability of TDEM;
8. Terminating this Grant Agreement;
9. Imposing a corrective action plan;
Page 7 1 23
Vol, N Pg. 113
L_._.
10. Withholding further awards; or
11. Taking other remedies or appropriate actions.
The grantee costs resulting from obligations incurred during a suspension or after termination of this grant
are not allowable unless TDEM expressly authorizes them in the notice of suspension or termination or
subsequently.
TDEM, at its sole discretion, may impose sanctions without first requiring a corrective action plan.
1.10 False Statements by Grantee
By acceptance of this grant agreement, the grantee makes all the statements, representations, warranties,
guarantees, certifications and affirmations included in this grant agreement. If applicable, the grantee will
comply with the requirements of 31 USC § 3729, which set forth that no grantee of federal payments shall
submit a false claim for payment.
If any of the statements, representations, certifications, affirmations, warranties, or guarantees are false
or if the grantee signs or executes the grant agreement with a false statement or it is subsequently
determined that the grantee has violated any of the statements, representations, warranties, guarantees,
certifications or affirmations included in this grant agreement, then TDEM may consider this act a possible
default under this grant agreement and may terminate or void this grant agreement for cause and pursue
other remedies available to TDEM under this grant agreement and applicable law. False statements or
claims made in connection with TDEM grants may result in fines, imprisonment, and debarment from
participating in federal grants or contract, and/or other remedy available by law, potentially including the
provisions of 38 USC §§ 3801-3812, which details the administrative remedies for false claims and
statements made.
1.11 Conflict of Interest Safeguards
The grantee will establish safeguards to prohibit its employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest or personal gain,
whether for themselves or others, particularly those with whom they have family, business, or other ties.
The grantee will operate with complete independence and objectivity without actual, potential, or apparent
conflict of interest with respect to its performance under this Grant Agreement. The grantee certifies as to
its own organization, that to the best of their knowledge and belief, no member of The A&M System or The
A&M System Board of Regents, nor any employee, or person, whose salary is payable in whole or in part by
a member of The A&M System, has direct or indirect financial interest in the award of this Grant Agreement,
or in the services to which this Grant Agreement relates, or in any of the profits, real or potential, thereof.
1.12 Fraud, Waste, and Abuse
The grantee understands that TDEM does not tolerate any type of fraud, waste, or misuse of funds
received from TDEM. TDEM's policy is to promote consistent, legal, and ethical organizational behavior,
by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, TDEM
policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. The
grantee understands and agrees that misuse of award funds may result in a range of penalties, including
suspension of current and future funds, suspension or debarment from federal and state grants,
recoupment of monies provided under an award, and civil and/or criminal penalties.
In the event grantee becomes aware of any allegation or a finding of fraud, waste, or misuse of funds
received from TDEM that is made against the grantee, the grantee is required to immediately notify TDEM
of said allegation or finding and to continue to inform TDEM of the status of any such on-going
investigations. The grantee must also promptly refer to TDEM any credible evidence that a principal,
Page 8 1 23
employee, agent, grantee, contractor, subcontractor, or other person has -- (1) submitted a claim for
award funds that violates the False Claims Act; or (2) committed a criminal or civil violation of laws
pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving award funds.
Grantees must also immediately notify TDEM in writing of any misappropriation of funds, fraud, theft,
embezzlement, forgery, or any other serious irregularities indicating noncompliance with grant
requirements. Grantees must notify the local prosecutor's office of any possible criminal violations.
Grantees must immediately notify TDEM in writing if a project or project personnel become involved in
any litigation, whether civil or criminal, and the grantee must immediately forward a copy of any demand,
notices, subpoenas, lawsuits, or indictments to TDEM.
1.13 Termination of the Agreement
TDEM may, at its sole discretion, terminate this Grant Agreement, without recourse, liability or penalty
against TDEM, upon written notice to grantee. In the event grantee fails to perform or comply with an
obligation or a term, condition or provision of this Grant Agreement, TDEM may, upon written notice to
grantee, terminate this agreement for cause, without further notice or opportunity to cure. Such
notification of Termination for Cause will state the effective date of such termination, and if no effective
date is specified, the effective date will be the date of the notification.
TDEM and grantee may mutually agree to terminate this Grant Agreement. TDEM in its sole discretion will
determine if, as part of the agreed termination, grantee is required to return any or all of the disbursed
grant funds.
Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided
in equity, by law, or under this Grant Agreement, including those remedies listed at 2 C.F.R. 200.207 and
2 C.F.R. 200.338 — 200.342. Following termination by TDEM, grantee shall continue to be obligated to
TDEM for the return of grant funds in accordance with applicable provisions of this Grant Agreement. In
the event of termination under this Section, TDEM's obligation to reimburse grantee is limited to allowable
costs incurred and paid by the grantee prior to the effective date of termination, and any allowable costs
determined by TDEM in its sole discretion to be reasonable and necessary to cost-effectively wind up the
grant. Termination of this Grant Agreement for any reason or expiration of this Grant Agreement shall not
release the Parties from any liability or obligation set forth in this Grant Agreement that is expressly stated
to survive any such termination orexpiration.
1.14 Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, THE GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE
STATE OF TEXAS AND AGENCY. AND/OR THEIR OFFICERS, REGENTS, AGENTS. EMPLOYEES, REPRESENTATIVES,
CONTRACTORS, ASSIGNEES. AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS,
OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUTOF. OR RESULTING FROM
ANY ACTS OR OMISSIONS OF RESPONDENT OR IT -S AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER
FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE' OF THE CONTRACT
AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY
RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE
NAMED DEFENDANTS IN ANY LAWSUIT AND RESPONDENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT
FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. RESPONDENT
AND AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE. TO EACH OTHER OF ANY SUCH CLAIM.
The_grantee agrees that no provision of this Grant Agreement is in any way intended to constitute a waiver
by TDEM as an agency of the State of Texas, its officers, regents, employees, agents, or contractors or the
State of Texas of any privileges, rights, defenses, remedies, or immunities from suit and liability that TDEM
or the State of Texas may have by operation of law.
---------- Page 9 123
von . Lp pg
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1.15 Dispute Resolution
The Parties' representatives will meet as needed to implement the terms of this Grant Agreement and will
make a good faith attempt to informally resolve any disputes.
Notwithstanding any other provision of this Grant Agreement to the contrary, unless otherwise requested or
approved in writing by TDEM, the grantee shall continue performance and shall not be excused from
performance during the period any breach of Grant Agreement claim or dispute is pending.
The dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules
adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by TDEM and grantee to
attempt to resolve any claim for breach of contract made by the grantee that cannot be resolved in the
ordinary course of business. Grantee shall submit written notice of a claim of breach of contract under this
Chapter to the Chief of TDEM, who shall examine the grantee's claim and any counterclaim and negotiate
with grantee in an effort to resolve the claim.
The laws of the State of Texas govern this Grant Agreement and all disputes arising out of or relating to this
Grant Agreement, without regard to any otherwise applicable conflict of law rules or requirements. Venue
for any grantee -initiated action, suit, litigation or other proceeding arising out of or in any way relating to
this Grant Agreement shall be commenced exclusively in the Travis County District Court or the United States
District Court, Southern District of Texas - Houston Division. Venue for any TDEM-initiated action, suit,
litigation or other proceeding arising out of or in any way relating to this Grant Agreement may be
commenced in a Texas state district court or a United States District Court selected by TDEM in its sole
discretion.
The grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts
referenced above for the purpose of prosecuting and/or defending such litigation. The grantee hereby waives
and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any
claim that the grantee is not personally subject to the jurisdiction of the above-named courts; the suit, action
or proceeding is brought in an inconvenient forum; and/or the venue is improper.
1.16 Liability for Taxes
The grantee agrees and acknowledges that grantee is an independent contractor and shall be entirely
responsible for the liability and payment of grantee's and grantee's employees' taxes of whatever kind,
arising out of the performances in this Grant Agreement. The grantee agrees to comply with all state and
federal laws applicable to any such persons, including laws regarding wages, taxes, insurance, and workers'
compensation. TDEM and/or the State of Texas shall not be liable to the grantee, its employees, agents, or
others for the payment of taxes or the provision of unemployment insurance and/or workers' compensation
or any benefit available to a state employee or employee of TDEM.
1.17 Required State Assurances
The grantee must comply with the applicable State Assurances included within the State Uniform Grant
Management Standards (UGMS), Section III, Subpart B, _.14, which are attached hereto and incorporated
for all purposes as Exhibit A.
-1.18 System for Award Management (SAM) Requirements
A. The grantee agrees to comply with applicable requirements regarding registration with the System for
Award Management (SAM) (or with a successor government -wide system officially designated by OMB
and, if applicable, the federal funding agency). These requirements include maintaining current
registrations and the currency of the information in SAM. The grantee will review and update
information at least annually until submission of the final financial report required under the award or
Page 10 1 23
� 1
a10 ` Pge
receipt of final payment, whichever is later,as required by 2 CFR Part 25
The grantee will comply with Executive Orders 12549 and 12689 that requires "a contract award (see
2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System
for Award Management (SAM)", in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory
authority. The grantee certifies it will verify each vendor's status to ensure the vendor is not debarred,
suspended, otherwise excluded or declared ineligible by checking the SAM before doing/renewing
business with thatvendor.
C. The grantee certifies that it and its principals are eligible to participate in this Grant Agreement and
have not been subjected to suspension, debarment, or similar ineligibility determined by any federal,
state or local governmental entity and the grantee is in compliance with the State of Texas statutes
and rules relating to procurement and that the grantee is not listed in the federal government's
terrorism watch list as described in Executive Order13224.
1.19 No Obligation by Federal Government
The Parties acknowledge and agree that the federal government is not a party to this Grant Agreement
and is not subject to any obligations or liabilities to either Party, third party or subcontractor pertaining to
any matter resulting from this Grant Agreement.
1.20 Notice
Notice may be given to the grantee via GMS, email, hand -delivery, or United States Mail. Notices to the
grantee will be sent to the name and address supplied by grantee in GMS.
1.21 Force Majeure
Neither the grantee nor TDEM shall be required to perform any obligation under this Grant Agreement or be
liable or responsible for any loss or damage resulting from its failure to perform so long as performance is
delayed by force majeure or acts of God, including but not limited to strikes, lockouts or labor shortages,
embargo, riot, war, revolution, terrorism, rebellion, insurrection, pandemic, flood, natural disaster, or
interruption of utilities from external causes. Each Party must inform the other in writing, with proof of
receipt, within three (3) business days of the existence of such force majeure, or otherwise waive this right
as a defense.
1.22 Debt to State
The grantee certifies, to the extent grantee owes any debt (child support or other obligation) or delinquent
taxes to the State of Texas, any payments grantee is owed under this Grant Agreement may be applied by
the Comptroller of Public Accounts toward any such debt or delinquent taxes until such debt or delinquent
taxes are paid in full.
1.23 Franchise Tax Certification
If grantee is a taxable entity subject to the Texas Franchise Tax (Chapter 171, Texas Tax Code), then grantee
certifies that it is not currently delinquent in the payment of any franchise (margin) taxes or that grantee is
exempt from the payment of franchise (margin) taxes.
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Vola �31 Pg.
1.24 Severability
If any provisions of this Grant Agreement are rendered or declared illegal for any reason, or shall be invalid
or unenforceable, such provision shall be modified or deleted in such manner so as to afford the Party for
whose benefit it was intended the fullest benefit commensurate with making this Grant Agreement, as
modified, enforceable, and the remainder of this Grant Agreement and the application of such provision
to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent
permitted by applicable law.
1.25 E -Verify
By entering into this Grant Agreement, grantee certifies and ensures that it utilizes and will continue to
utilize, for the term of this Grant Agreement, the U.S. Department of Homeland Security's e -Verify system
to determine the eligibility of (a) all persons employed during the contract term to perform duties within
Texas; and (b) all persons (including subcontractors) assigned by the grantee pursuant to the Grant
Agreement.
1.26 Compliance with Federal Law, Regulations, and Executive Orders
Grantee acknowledges that federal financial assistance funds will be used to fund the Grant Agreement.
Grantee will comply with all applicable federal law, regulations, executive orders, policies, procedures, and
directives.
1.27 Clean Air Act
The following is only applicable if the amount of the contract exceeds $150,000.
a. Grantee agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
b. Grantee agrees to report each violation to TDEM and understands and agrees that TDEM will, in
turn, report each violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office.
c. Grantee agrees to include these requirements in each subcontract exceeding $150,000 financed
in whole or in part with federal assistance provided by this Grant Agreement.
1.28 Federal Water Pollution Control Act
a. Grantee agrees to comply with all applicable standards, orders, or regulations issued pursuant to
the Federal Water Pollution Control Act, as amended, 33. U.S.C. 1251 et seq.
b. Grantee agrees to report each violation to TDEM and understands and agrees that TDEM will, in
turn, report each violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office.
c. Grantee agrees to include these requirements in each subcontract exceeding $150,000 financed
in whole or in part with federal assistance provided by this Grant Agreement.
1.29 Suspension and Debarment
a. This Grant Agreement is a covered transaction for purposes of 2 C.F.R. pt 180 and 2 C.F.R. pt.
3000. Grantee certifies that grantee, grantee's principals (defined at 2C.F.R. Sec. 180.995), or its
Paye 12 ( 23
Vol. 314 fig. 119-)
affiliates (defined at 2 C.F.R. Sec. 180.905) are excluded (defined at 2 C.F.R. Sec. 180.940) or
disqualified (defined at 2 C.F.R. Sec. 180.935).
b. Grantee must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must
include a requirement comply with these regulations in any lower tier covered transaction it
enters into.
c. This certification is a material representation of fact relied upon by TDEM. If it is later determined
that grantee did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, in addition to
remedies available to TDEM, the Federal Government may pursue available remedies, including
but limited to suspension and/or debarment.
1.30 Energy Conservation
If applicable, grantee agrees to comply with mandatory standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act.
1.31 Procurement of Recovered Materials
a. In the performance of this Grant Agreement, grantee shall make maximum use of products
containing recovered materials that are EPA -designated items unless the product cannot be
acquired —
(i) Competitively within a timeframe providing for compliance with the contract
performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
b. Information about this requirement, along with the list of EPA -designated items, is available at
EPA's Comprehensive Procurement Guidelines web site,
https://www epa gov/smm/comprehensive-procurement-guideline-cpg-program.
1.32 Terminated Contracts
The grantee has not had a contract terminated or been denied the renewal of any contract for
noncompliance with policies or regulations of any state or federally funded program within the past five (5)
years nor is it currently prohibited from contracting with a governmental agency. If the grantee does have
such a terminated contract, the grantee shall identify the contract and provide an explanation for the
termination. The grantee acknowledges that this Grant Agreement may be terminated and payment withheld
or return of grant funds required if this certification is inaccurate or false.
2 Property and Procurement Requirements
2.1 Property Management and Inventory
The grantee must ensure equipment purchased with grant funds is used for the purpose of the grant and
as approved by TDEM. The grantee must develop and implement a control system to prevent loss, damage
or theft of property and investigate and document any loss, damage or theft of property funded under
this Grant.
The grantee must account for any real and personal property acquired with grant funds or received from
Page 13 1 23
\10L 31�e pg. -Id-
the Federal Government in accordance with 2 CFR 200.310 Insurance coverage through 200.316 Property
trust relationship and 200.329 Reporting on real property. This documentation must be maintained by the
grantee, according to the requirements listed herein, and provided to TDEM upon request, if applicable.
When original or replacement equipment acquired under this award by the grantee is no longer needed
for the original project or program or for other activities currently or previously supported by the federal
-awarding agency or TDEM, the grantee must make proper disposition of the equipment pursuant to 2 CFR
200.
The grantee will maintain specified equipment management and inventory procedures for equipment
(including replacement equipment), whether acquired in whole or in part with grant funds, until
disposition takes place, with a per-unit cost of $5,000 or greater. The equipment and inventory procedures
include:
A. The grantee must keep an inventory report on file containing equipment purchased with any grant
funds during the grant period. The inventory report must agree with the approved grant budget
and the final Financial Status Report and shall be available to TDEM at all times upon request.
B. The grantee must maintain property/inventory records which, at minimum, include a description
of the property, a serial number or other identification number, the source of property, who holds
title, the acquisition date, the cost of the property, the percentage of Federal participation in the
cost of the property, the location, use and condition of the property, and any ultimate disposition
data including the date of disposal and sale price of the property.
C. The grantee shall permanently identify all such equipment by appropriate tags or labels affixed to
the equipment Exceptions to this requirement are limited to items where placing of the marking
is not possible due to the nature of the equipment.
2.2 Consulting Contracts
Pre -approval of costs related to consulting contracts is required and the value of consulting contracts
entered into by the grantee may not exceed 5% of the total funds received by the local unit of government.
2.3 Procurement Practices and Policies
The grantee must follow applicable federal and state law, federal procurement standards specified in
regulations governing federal awards to non-federal entities, their established policy, and best practices for
procuring goods or services with grant funds. Procurement activities must follow the most restrictive of
federal, state and local procurement regulations. Contracts must be routinely monitored for delivery of
services or goods.
2.4 Contract Provisions Under Federal Awards
All contracts made by a grantee under a federal award must contain the provisions outlined in 2 CFR 200
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,
Appendix II to Part 200 Contract Provisions for Non -Federal Entity Contracts Under Federal Awards.
3 Audit and Records Requirements
3.1 Cooperation with Monitoring, Audits, and Records Requirements
All records and expenditures are subject to, and grantee agrees to comply with, monitoring and/or audits
conducted by the United States Department of Treasury's Inspector General (DOTIG), TDEM, and the State
Page 14 1 23
[01. 3-11 Pg. l ao
Auditor's Office (SAO) or designee. The grantee shall maintain under GAAP or GASB, adequate records that
enable DOTIG, TDEM, and SAO to ensure proper accounting for all costs and performances related to this
Grant Agreement.
3.2 Single Audit Requirements
Any grantee expending $750,000 or more in federal funds in a fiscal year may be subject to Single Audit
Requirements in 2 CFR, Part 200, Subpart F — Audit Requirements, at https://www.ecfr.gov/cgi-bin/text-
idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.tpl.
The grantees expending more than $750,000 in state funds in a fiscal year are subject to the requirements
in the Texas Single Audit Circular, at https://comptroller.texas.eov/purchasing/docs/ugms.odf.The audit
must be completed and the data collection and reporting package described in 2 CFR 200.512 must be
submitted to the Federal Audit Clearinghouse (FAC) within 30 calendar days after receipt of the auditor's
report(s), or nine months after the end of the audit period, whichever is earlier.
3.3 Requirement to Address Audit Findings
If any audit, monitoring, investigations, review of awards, or other compliance review reveals any
discrepancies, inadequacies, or deficiencies which are necessary to correct in order to maintain
compliance with this Grant Agreement, applicable laws, regulations, or the grantee's obligations
hereunder, the grantee agrees to propose and submit to TDEM a corrective action plan to correct such
discrepancies or inadequacies within thirty (30) calendar days after the grantee's receipt of the findings.
The grantee's corrective action plan is subject to the approval of TDEM.
The grantee understands and agrees that the grantee must make every effort to address and resolve all
outstanding issues, findings, or actions identified by DOTIG, TDEM, or SAO through the corrective action
plan or any other corrective plan. Failure to promptly and adequately address these findings may result in
grant funds being withheld, other related requirements being imposed, or other sanctions and penalties.
The grantee agrees to complete any corrective action approved by TDEM within the time period specified
by TDEM and to the satisfaction of TDEM, at the sole cost of the grantee. The grantee shall provide to
TDEM periodic status reports regarding the grantee's resolution of any audit, corrective action plan, or
other compliance activity for which the grantee is responsible.
3.4 Records Retention
A. The grantee shall maintain appropriate audit trails to provide accountability for all expenditures of
grant funds, reporting measures, and funds received from TDEM under this Grant Agreement. Audit
trails maintained by the grantee will, at a minimum, identify the supporting documentation prepared
by the grantee to permit an audit of its accounting systems and payment verification with respect to
the expenditure of any funds awarded under this Grant Agreement.
The grantee must maintain fiscal records and supporting documentation for all expenditures
resulting from this Grant Agreement pursuant to 2 CFR 200.333 and state law.
1. The grantee must retain these records and any supporting documentation for a minimum of
seven (7) years from the later of the completion of this project's public objective, submission of
the final expenditure report, any litigation, dispute, or audit.
2. Records related to real property and equipment acquired with grant funds shall be retained for
seven (7) years after final disposition.
3. TDEM may direct a grantee to retain documents for longer periods of time or to transfer certain
records to TDEM or federal custody when it is determined that the records possess long term
Paye 15 1 23
Lo pg. 1 a►
retentionvalue.
4 Prohibited and Regulated Activities and Expenditures
4.1 Prohibited Costs
A. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not
otherwise qualify under the statute. Revenue replacement is not a permissible use of these grant
funds. In accordance with Section 3.1 all record and expenditures are subject to review.
B. Damages covered by insurance.
C. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to
mitigating or responding to the COVID-19 public health emergency.
D. Duplication of benefits including expenses that have been or will be reimbursed under any other
federal program.
E. Reimbursement to donors for donated items or services.
F. Workforce bonuses other than hazard pay or overtime.
G. Severance pay.
H. Legal settlements.
4.2 Political Activities
Grant funds may not be used in connection with the following acts by agencies or individuals employed by
grant funds:
A. Unless specifically authorized to do so by federal law, grant recipients or their grantees or
contractors are prohibited from using grant funds directly or indirectly for political purposes,
including lobbying or advocating for legislative programs or changes; campaigning for, endorsing,
contributing to, or otherwise supporting political candidates or parties; and voter registration or
get -out -the -vote campaigns. Generally, organizations or entities which receive federal funds by
way of grants, contracts, or cooperative agreements do not lose their rights as organizations to
use their own, private, non-federal resources for "political" activities because of or as a
consequence of receiving such federal funds. These recipient organizations must thus use private
or other non-federal money, receipts, contributions, or dues for their political activities, and may
not charge off to or be reimbursed from federal contracts or grants for the costs of such activities.
B. Grant officials or grant funded employees may not use official authority or influence or permit the
use of a program administered by the grantee agency of which the person is an officer or employee
to interfere with or affect the result of an election or nomination of a candidate or to achieve any
other political purpose.
C. Grant -funded employees may not coerce, attempt to coerce, command, restrict, attempt to
restrict, or prevent the payment, loan, or contribution of anything of value to a person or political
organization for a political purpose.
D. Grant funds may not be used to employ, as a regular full-time or part-time or contract employee,
a person who is required by Chapter 305 of the Government Code to register as a lobbyist.
Furthermore, grant funds may not be used to pay, on behalf of the agency or an officer or
employee of the agency, membership dues to an organization that pays part or all of the salary of
Prue 16 123
a
Vol. 3� pg. o10�
a person who is required by Chapter 305 of the Government Code to register as a lobbyist.
As applicable, the grantee and each contracting tier will comply with 31 USC § 1352, which
provides that none of the funds provided under an award may be expended by the grantee to pay
any person to influence, or attempt to influence an officer or employee of any agency, a Member
of Congress, an officer of employee of Congress, or an employee of a Member of Congress in
connection with any Federal action concerning the award or renewal. Grantee shall file the
required certification attached hereto and incorporated for all purposes as Exhibit F. Each
contracting tier shall also disclose any lobbying with non-federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient.
5 Financial Requirements
5.1 Direct Deposit
A completed direct deposit form from the grantee must be provided to TDEM prior to receiving any
payments. The direct deposit form is currently available at https://erants.tdem.texas.gov/.
5.2 Payments and Required Documentation
Funding for this Grant Agreement is appropriated under the Coronavirus Aid, Relief, and Economic Security
Act, 2020 (Public Law 116-136) enacted on March 27, 2020, as amended, to facilitate protective measures
for and recovery from the public health emergency in areas affected by COVID-19, which are Presidentially -
declared major disaster areas under Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.). All expenditures under this Grant Agreement must be made in
accordance with this Grant Agreement and any other applicable laws, rules or regulations. Further, grantee
acknowledges that all funds are subject to recapture and repayment for non-compliance pursuant to
Section 5.7 below.
Payment of funds on projects may be initiated by the grantee through a Request for Reimbursement
(RFR) in GMS.
Grantee may initiate an Advance of Funds Request (AFR) through GMS for an initial cash advance to cover
actual costs incurred or up to 20% of their total allocation, whichever is larger.
Additional advances or reimbursement requests may be requested following full reporting to TDEM of
expenses incurred and applied against the initial and/or any subsequent advance payments.
If sufficient progress is not made towards expenditure of advanced funds and/or the grantee fails to meet
financial reporting obligations, TDEM may implement sanctions as necessary up to and including grant
termination.
All documentation for expenditures paid during the project period must be submitted to TDEM on or
before the grant liquidation date.
5.3 Financia! Reporting
Financial reports must be submitted to TDEM on a quarterly basis via GMS but can be submitted more
often as necessary to draw down funds.
The final financial report must be submitted to TDEM on or before the grant liquidation date or the grant
funds may lapse and TDEM will provide them as grants to other eligible jurisdictions.
Page 17 1 23
5.4 Reimbursements
TDEM will be obligated to reimburse the grantee for the expenditure of actual and allowable allocable
costs incurred and paid by the grantee pursuant to this Grant Agreement. TDEM is not obligated to pay
unauthorized costs or to reimburse expenses that were incurred by the grantee prior to the
commencement or after the termination of this Grant Agreement.
5.5 Refunds and Deductions
If TDEM determines that the grantee has been overpaid any grant funds under this Grant Agreement,
including payments made inadvertently or payments made but later determined to not be actual and
allowable allocable costs, the grantee shall return to TDEM the amount identified by TDEM as an
overpayment. The grantee shall refund any overpayment to TDEM within thirty (30) calendar days of the
receipt of the notice of the overpayment from TDEM unless an alternate payment plan is specified by TDEM.
Refunds may be remitted to: Texas Division of Emergency Management, P.O. Box 15467, Austin, Texas
78761.
5.6 Recapture of Funds
The discretionary right of TDEM to terminate for convenience under Section 1.13 notwithstanding, TDEM
shall have the right to terminate the Grant Agreement and to recapture, and be reimbursed for any
payments made by TDEM: (i) that are not allowed under applicable laws, rules, and regulations; or (ii) that
are otherwise inconsistent with this Grant Agreement, including any unapproved expenditures.
5.7 Liquidation Period
Grant funds will liquidate 90 calendar days following the project period end date or on December 30, 2020,
whichever is earlier. Funds not obligated by the end of the grant period and not expended by the
liquidation date will revert to TDEM.
5.8 Project Close Out
TDEM will close-out the grant award when it determines that all applicable administrative actions and all
required work of the grant have been completed by the grantee.
The grantee must submit all financial, performance, and other reports as required by the terms and
conditions of the grant award.
The grantee must promptly refund any balances of unobligated cash that TDEM paid in advance or paid and
that are not authorized to be retained by the grantee for use in other projects.
[EXHIBITS AND SIGNATURE PAGE FOLLOWS]
\\/v Page 18 1 23
EXHIBIT A - State of Texas Assurances
As the duly authorized representative of Grantee, I certify that Grantee:
1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the grantee's governing
body or of the grantee's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the
third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise
such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of
two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or goveming body
member related to such person in the prohibited degree.
2. Shall insure that all information collected, assembled, or maintained by the grantee relative to a project will be available to the public
during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law.
3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies
to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution.
4. Shall comply with Section 231.006, Texas Fancily Code, which prohibits payments to a person who is in arrears on child support payments.
5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the grantee is a health,
human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and
human services agency or public safety or law enforcement agency.
6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement pursuant to Chapter 170 L Texas Occupations Code.
or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement that the agency is in the process
of achieving compliance with such rules if the grantee is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701.
7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package
become terms or conditions for receipt of grant funds. Administering state agencies and grantees shall maintain an appropriate contract
administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section _.36 for additional guidance on
contract provisions).
8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law
enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantee shall also ensure that all
program personnel are properly trained and aware of this requirement.
9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights
Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin: (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681-1683. and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section
504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the
Americans with Disabilities Act of 1990 including Titles 1, 11, and III of the Americans with Disability Act which prohibits recipients from
discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities, 44 U.S.C. §§ 12101-12213: (d) the Age Discrimination Act of 1974, as amended (42 U.S.C.
§§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment, and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; (h) Title Vill of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale. rental, or financing of housing; (i) any other nondiscrimination provisions in the specific
statute(s) under which application for Federal assistance is being made; and 6) the requirements of any other nondiscrimination statute(s)
which may apply to this Grant.
10. Shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C.
§276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333). regarding labor standards for
federally assisted construction subagreements.
11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L.
91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally
assisted programs. These requirements apply to all interests in real property acquired forproject purposes regardless of Federal participation
in purchases.
12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employees
whose principal employment activities are funded in whole or in pari with Federal funds.
13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental
Personnel Act of 1970, as applicable.
Page 19 1 23
EXHIBIT A
voi. 31 Le Pg. � a�
14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are
not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency
of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the
project is under consideration for listing by the EPA (EO 11738).
15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law
93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the
receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the
Secretary of the Department of Housing and Urban Development as an area having special flood hazards.
16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality
control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification
of violating facilities pursuant to EO 11738, (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed
under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of federal actions to State (Clear Air)
Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of
endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205).
17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
18. Shall assist the awarding agency in assuring compliance with Section 106 of the National I listoric Preservation Act of 1966, as amended
(16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act
of 1974 (16 U.S.C. §§469a-1 et seq.).
19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended. 7 U.S.C. §§2131 et seq.) which requires the
minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or
exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government
Principals Regarding the Care and Use of Animals.
20. Shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint
in construction or rehabilitation of residential structures.
21. Shall comply with the Pro -Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility
used for the provision of services for children.
22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms.
23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing
this program.
24. And its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by
any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in
Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at https://ww",.sam.gov/portal/public/SANi/.
25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as
required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq.
26. Shall comply with the Drug -Free Workplace Rules established by the Texas Worker's Compensation Commission effective April 17.
1991.
Page 20 1 23
EXHIBIT A
Vol. I Cp Pg.
EXHIBIT B — CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION
am theounce tyJudge Mayor or City Manager of�
"County" unicipality"), and I certify that:
1. 1 have the authority on behalf of County/Municipality to request grant payments from the State of
Texas ("State") for federal funds appropriated pursuant to section 601 of the Social Security Act, as
added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136,
div. A, Title V (Mar. 27, 2020).
2. 1 understand that the State will rely on this certification as a material. representation in making grant
payments to the County/Municipality.
3. 1 acknowledge that County should keep records sufficient to demonstrate that the expenditure of
funds it has received is in accordance with section 601(d) of the Social Security Act.
4. 1 acknowledge that all records and expenditures are subject to audit by the United States Department
of Treasury's Inspector General, the Texas Division of Emergency Management, and the Texas State
Auditor's Office, or designee.
5. 1 acknowledge that County has an affirmative obligation to identify and report any duplication of
benefits. I understand that the State has an obligation and the authority to deobligate or offset any
duplicated benefits.
6. I acknowledge and agree that County/Municipality shall be liable for any costs disallowed pursuant to
financial or compliance audits of funds received.
7. 1 acknowledge that if County has not used funds it has received to cover costs that were incurred by
December 30, 2020, as required by the statute, those funds must be returned to the United States
Department of the Treasury.
8. 1 acknowledge that the County/Municipality's proposed uses of the funds provided as grant payments
from the State by federal appropriation under section 601 of the Social Security Act will be used only
to cover those costs that:
a. are necessary expenditures incurred due to the public health emergency and
governor's disaster declaration on March 13, 2020 with respect to the Coronavirus
Disease 2019 (COVID-19);
b. were not accounted for in the budget most recently approved as of March 27, 2020,
for County/Municipality; and
c. were incurred during the period that begins on March 1, 2020 and ends on December
30, 2020.
In addition to each of the statements above, I acknowledge on submission of this certification that my jurisdiction
has incurred eligible expenses between March 1, 2020 and the date noted below.
By: L LS
Signature:
Title: C e� N c�s�
Date:��S p
Page 21 1 23
EXHIBIT B
Vol. Pg. 1 a
EXHIBIT C - CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned grantee, d v Y�f , certifies, to the best of his or her knowledge that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit
Standard Form — LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by 31 U.S.C. Sec. 1352 (as amended by the Lobbying Disclosure Act of 119). Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
The grantee, �� �� certifies or affirms the truthfulness and accuracy of each statement of its
certification and disc osure, if any. In addition, grantee understands and agrees that the provisions of 31 U.S.C.
Sec. 3801 et seq. apply to his certification and disclosure, if any.
By�
Signature:
Title: ('24 ,11 L r3"`.AOl�-.v
Date:
°age 22 1 23
EXHIBIT C
Please initial by each Exhibit, acknowledging you have received them, understand them, and agree to abide by
them.
State of Texas Assurances, hereinafter referred to as "Exhibit A"
CARES Act Coronavirus Relief Fund Eligibility Certification, hereinafter referred to as "Exhibit B"
Certification Regarding Lobbying, hereinafter referred to as "Exhibit C"
Please sign below to acknowledged acceptance of the grant and all exhibits in this Grant Agreement, and to
abide by all terms and conditions.
By: 1 ry S
Signature:
Title: (2-6 �,-�► vc�
Date: �42_
Page 30 1 30
SIGNATURE PAGE
Vol. pg.�
RFP #20-13011 Third Party Guardian Services
Previously known as RFP #19-133
September 1, 2020 - August 31, 2021
1 Total Cost
2 References
3 Personnel Qualifications
4 Experience of Firms Personnel
5 Organization of Proposal
Max Points
Available
Points for Cost 30
20
20
15
Technical Proposal Total 100
Committee Recommended Award: Family Eldercare
pp by C missioner's on this LS day of �Uh� 2020 by
[ding the position of l tel) o l V1J!)&A�
Boa. IIP �g. 130
E of
F�3 �9N Brazos County
Purchasing Department
y
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361-4290 FAX(979)361-4293
June 5, 2020
Family Eldercare
1700 Rutherford Lane
Austin, TX 78754 g'
Re. Renewal of Contract #20-13 OR for Third Party Guardianship Services for Brazos County.
Brazos County appreciates the quality work your company has provided and would like to exercise the
renewal option for Third Party Guardianship Services 20-130R, previously known as 19-133.
All terms, conditions, and pricing shall remain the same. This renewal term will be for one year from
September 1, 2020 to August 31, 2021.
To accept the renewal option, please fill out the information and sign below. Return the signed
documents by email to knachlinger@brazoscountytx.gov or fax to (979) 361-4293. Please then submit an
updated Certificate of Insurance by email or mail to the address listed above. Please return acceptance
as soon as possible. If you have any questions, I may be reached at (979) 361-4285.
Contact Name: Kent Herring Title: Chief Executive Officer
E -Mail: KHerring@familyeldercare.org Telephone: 512.628.0421
F ILY ELDERCARE
Authorized Signature
B CO Y
Duane -Peters, County Judge
a
vo9�
06/15/2020
Date
(4 /?'5 M."y
Date
WINDOW AND WALL SEAL REPAIR AT THE BRAZOS COUNTY ADMINISTRATION
BUILDING SEVRICE CONTRACT
BRAZOS COUNTY PURCHASING DEPT.
200 S. Texas Ave., Ste. 352 Contract No. CIP 20-525
Bryan, Texas 77803 Page 1 of 10 Pages
Telephone (979) 361-4292
GENERAL REQUIREMENT FOR CONTRACT
I, 41
a IL /Q . Pi�Coci aerie. as a duly authorized representative of VA/l J s zoC
"Contractor" willingly attest to perform (or deliver) as per Exhibit A for Brazos County.
I further agree to all of the provisions and specifications contained in this contract.
PROJECT TMLINE:
Project will start only after County receives the required bonds, insurance, work schedule and
after a purchase order has been issued to the vendor by the County. Project shall be completed by
September 30, 2020.
PREVAILING WAGES RATES
The contractor shall be responsible for following all provisions of Chapter 2258 of the Government
Code relating to the payment of prevailing wages. The wage rates to be used are included in Exhibit B
attached. A contractor or subcontractor who violates this section shall pay Brazos County $60 for each
worker employed for each calendar day or part of the day the worker is paid less than the wage rates
stipulated in Exhibit B.
BONDING REQUIREMENTS
The contractor will be required to bond .each project individually. The successful bidder must provide to
the Purchasing Department, a performance bond and a payment bond, each in the amount of 100% of
each project sum ten (10) calendar days prior to start of work for each project. Such bonds shall be
executed by a corporate surety duly authorized and admitted to do business in the State of Texas and
licensed in the State of Texas to issue surety bonds with a Best Rating "A' or better. BRAZOS
COUNTY RESERVES THE RIGHT -TO ACCEPT OR REJECT ANY SURETY COMPANY
PROPOSED BY THE BIDDER. IN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY
COMPANY THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT
THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS
COUNTY.
ASSIGNMENT
The successful offeror may not assign, sell or otherwise transfer this contract without written permission
of Brazos County Commissioners Court. Should there be a change in ownership or management; the
contract shall be terminated unless a mutual agreement is reached with the new owner or manager to
continue the contract with its present provisions and prices.
Contract No. CIP 20-525
BRAZOS COUNTY, TEXAS ' Page 2 of 10 Pages
AWARD
Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in
accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to
more than one offeror, to reject any or all bids. The County reserves the right to accept or reject in part
or in whole, any IQs submitted, and to.waive.any technicalities for the best interest of the County.
BIDDERS RESPONSIBILITY
It is the bidder's sole responsibility to print and review all pages of the bid document, attachments,
questions and responses, addenda, and special notices. The Certification of Bid Form must be completed
to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification
number and signed by an authorized representative of the firm. Failure to provide signature on the
Certification of Bid Form renders bid non-responsive. Failure to complete the submission of all required
forms, including but not limited to the Reference Page, House Bill 89 & Debarment Verification form,
Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or
documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the
bidder agrees to comply with HB 1295, Government Code 2252.908. Bidder agrees to provide Brazos
County the "Certificate of Interested Parties", Form 1295 as required, pending award, renewal, amended
or extended contract. Visit https://ethics.state.tx.us/whatsnew/elf info _forml295.htm for more
information. In the event of a needed change in the specifications sent to the bidder, it is understood that
all the foregoing terms shall apply to the addendum or addenda.
CONTRACT OBLIGATION
Brazos County Commissioners Court must award the contract and Brazos County Judge, or other person
authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on
Brazos County or the offerors. Department heads are NOT authorized to sign contracts for Brazos
County. Binding contracts shall remain in effect until all products and/or services covered by this
purchase have been satisfactorily delivered and accepted.
QUANTITIES
The quantities specified in this contract are estimates only. Brazos County does not guarantee to
purchase any minimum quantities or services other than those listed on a purchase order.
HOLD HARMLESS AGREEMENT
Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for
personal injury, death and/or property damage resulting directly or indirectly from contractor's
performance. Contractor shall procure and maintain, with respect to the subject matter of this bid,
appropriate insurance coverage including, as a minimum, public liability and property damage with
adequate limits to cover contractor's liability as may arise directly or indirectly from work performed
under terms of this contract. Certification of such coverage must be provided to Brazos County upon
request.
INSPECTIONS & TESTING
Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos. County at the
sole discretion of the Commissioners Court when all terms and conditions of the contract and
specifications have been met to its satisfaction, including the submission to Brazos County of any and
Vol. Pg. � 33
BRAZOS COUNTY, TEXAS
Contract No. CIP 20-525
Page 3 of 10 Pages
all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos
County until the County actually accepts and takes possession of the goods at the point or points of
delivery.
ADDITION/MODIFICATION OF LOCATIONS OR SERVICES
Brazos County reserves the right to add locations as these additional locations may be required.
Locations to be added may include, but not limited to, expansions or additions to existing facilities and
acquisition or construction of new properties. In the event that Brazos County makes significant
structural changes to an existing facility that impacts the contractor's cost in providing the services
anticipated by this contract such change may be treated as a new facility and the procedures provided for
in this section may be followed in determining an appropriate price.
In the event Brazos County wishes to add other locations to a group under the contract, a quotation will
be solicited from the incumbent contractor in good standing for the group in which the new location is
appropriately situated.
In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to
which the contract applies, all existing contracts for services applicable to such location, the portion of
this contract that applies to such locations is terminated. All remaining portions of the contract will
remain intact. Brazos County will endeavor to give the contractor written notice of such termination of
locations a minimum of thirty (30) days in advance.
INVOICES & PAYMENTS
Payments to contractors will not be made if the contractor cannot produce a Brazos County Purchase
Order. Contractor shall submit an original invoice on each purchase order or purchase release after
each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which
cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the
contractor. Brazos County will only be required to pay for materials actually received and/or services
actually provided. Brazos County shall not be required to pay for materials or services described in the
contract that are not used or provided by the contractor in completion of the contract. This term
supersedes any contradicting terms throughout.the contract and/or any attachments.
When multiple deliveries and/or services are required, the contractor may invoice following each
delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon
receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis
only. The contractor will provide an invoice for each month in which Brazos County is responsible for
payment, during the duration of the contract. Prior to any and all payments made for goods and/or
services provided under this contract, the contractor should provide their Taxpayer Identification
Number or Social Security number as applicable. This information must be on file with Brazos County
Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up
withholding as required by the Internal Revenue Service.
Retainage of 5% will be withheld from each invoice for the duration of the contract until the
County accepts the work as 100% complete and receives all warranties, manuals, releases of lien
and other closeout documents. Upon acceptance by the County, retainage will be released to the
contractor.
avoi. Pg.
.
a
Contract No. CIP 20-525
BRAZOS COUNTY, TEXAS Page 4 of 10 Pages
PRICING
Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on
the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or
subsequent qualifications will be honored during the course of the contract. All prices must be
written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be
prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind,
other than those mentioned above, specified or unspecified, offeror MUST indicate the items required
and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended
pricing differ, unit pricing prevails.
TAXES
Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this
contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code
§151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written
request to Brazos County Purchasing Agent.
GOVERNING FORMS
In the event of any conflict between the terms and provisions of these requirements and the
specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of
this overall contract, Brazos County's interpretation shall govern. In the event of a conflict between the
terms, conditions, provisions, and specifications of this contract and any other terms, conditions,
provisions, and specifications provided by the contractor; the terms of this contract shall supersede.
GOVERNING LAW AND VENUE
This bid solicitation is governed by the laws of the State of Texas, specifically, the competitive bidding
requirements of the County Purchasing Act, Texas Local Government Code, §262.021 et seq., as
amended. Offerors shall comply with all applicable federal, state and local laws and regulations.
Offeror is further advised that these requirements shall be fully governed by the laws of the State of
Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney
General of Texas and Brazos County Attorney concerning and portion of these requirements. Potential
vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code,
Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that
have an aggregate value in excess of $250.00 given to any employee of the County, County Official to
the County Official's family members or employment of any employee of the County, County Official
or the County Official's family members during the preceding twelve (12) month period. The disclosure
questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code,
Chapter 176 for the details of this law. Bidder understands that Brazos County is a government subject
to Texas State and Federal public information statutes. Venue shall lie exclusively in Brazos County,
Texas, notwithstanding anything to the contrary.
DISQUALIFICATION OF OFFEROR
Upon signing this contract, an offeror offering to sell supplies, materials, services, or equipment to
Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas
Business and Commerce Code § 15.0 1, et seq., as amended, or the federal- antitrust laws, and has not
communicated directly or indirectly the bid made to any competitor or any other person engaged in such
line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among
Contract No. CIP 20-525
BRAZOS COUNTY, TEXAS Page 5 of 10 Pages
the offerors. Bids in which the prices are obviously unbalanced may be rejected. Requests to withdraw a
submitted bid or proposal are subject to the approval of the Purchasing Agent.
SEVERABILITY
If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the
specifications shall be held invalid, such holding shall not affect the remaining portions of these
requirements and the specifications and it is hereby declared that such remaining portions would have
been included in these requirements and the specifications as though the invalid portion had been
omitted.
SILENCE OF SPECIFICATIONS
The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed
description concerning any point, shall be regarded as meaning that only the best commercial practice is
to prevail and that only material and workmanship of the finest quality are to be used. All
interpretations of specifications shall be made on the basis of this statement. The items flirnished under
this contract shall be new, unused of the latest product in production to commercial trade and shall be of
the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be
experienced in design and construction of such items and shall be an established supplier of the item bid.
TERMINATION
Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms
therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of
bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which
Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to
deliver the proper goods and/or services within the proper amount of time, and/or to properly perform
any and all services required to Brazos County's satisfaction and/or to meet all other obligations and
requirements. Brazos County may terminate the contract without cause upon thirty (30) days written
notice.
POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE
CONTRACTOR'S INSURANCE
The contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of
Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M.
Best Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in
the state of Texas, showing .that the contractor is covered by the insurance as follows:
(1) _Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of
$1,000,000. In the event any work is sublet, the contractor shall require the subcontractor
similarly to provide the same coverage and shall himself acquire evidence of such coverage on
behalf of the subcontractor. Waiver of subrogation is required. (TLC Sec. 401.011)
(2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The policy
shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include
coverage for acts of independent contractors, and shall name Brazos County as an additional
insured. Waiver of subrogation is required. No claims made policies will be acceptable without
Contract No. CIP 20-525
BRAZOS COUNTY, TEXAS Page 6 of 10 Pages
prior approval by the Commissioners Court/Risk Management.
(3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit, in all self-
propelled vehicles used in connection with the contract, whether owned, non -owned or hired.
The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under
such policies shall not be canceled or materially changed until at least 30 days prior written notice has
been given to Brazos County.
MUTATIONS
The parties are aware that there are constitutional and statutory limitations on the authority of Brazos
County to enter into certain terms and conditions of the contract, including, but not limited to,
authorizations of the placement of liens on Brazos County property; disclaimers and limitations of
warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of
legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting
control of litigation or settlement to another party; liability for acts or omissions of third parties;
payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the
"Limitations"). Any contract terms and conditions related to the Limitations will not be binding on
Brazos County except to the extent authorized by the laws and Constitution of the State of Texas.
EMPLOYEE OBLIGATIONS
The personnel performing the services contracted herein shall be under the sole responsibility and the
employ of the Contractor. The Contractor shall give all notices and comply with all laws, ordinances,
rules, regulations; and orders of any public authority in connection with the performances of the work
herein to be done. The contractor shall be responsible for initiating, maintaining, and supervising
appropriate safety precautions and programs in connection with work herein contracted to be done. The
Contractor shall take all reasonable precautions for safety of, and shall provided all reasonable
protection to prevent damages, injury or loss to; all employees on the projects and other persons who
may be affected thereby, the projects and all materials and equipment to be incorporated therein, and
other property at the site or adjacent thereto.
COVERAGESMAGES
Nothing in this contract shall be construed as making Brazos County responsible for the payment of
compensation and/or any benefits for contractor including health, property, motor vehicle, workers'
compensation, disability, death, and dismemberment insurance for the contractor's employees and/or
equipment. Nothing in the contract shall be construed as making Brazos County responsible for wages,
materials, logistical support, equipment, and related travel expenses incurred -by the contractor. -
SOVEREIGN IMMUNITY
The parties understand that Brazos County does not waive or relinquish any immunity or defense on
behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this contract
and the performance of the covenants contained herein. Further, Brazos County is not -responsible for
any civil liability that arises from any act or omission made within the course and scope of this contract.
The parties understand and agree that Brazos County does not assume civil liability under any theory of
law for the actions of the contractor in providing services hereunder.
Vole 31 Le Pg. 137
L
Contract No. CIP 20-525
BRAZOS COUNTY, TEXAS Page 7 of 10 Pages
NOTICES
Notices shall be mailed to the addresses designated herein or as may be designated in writing by the
parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the
following addresses:
BRAZOS COUNTY:
Brazos County, Texas
Duane Peters, Brazos County Judge
200 South Texas Avenue, Suite 332
Bryan, Texas 77803
CONTRACTOR:
Sales Contact Name: Phone Number:
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FISCAL FUNDING CLAUSE
Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly
contingent upon the availability of funding for the obligations contained herein for the term of the
contract and any extensions and renewals thereto.
WAIVERS
No waiver by either party hereto of any term or condition of this contract shall be deemed or
construed to be a waiver of any other term or condition or subsequent waiver of the same term or
condition.
ENTIRE CONTRACT
This contract represents the entire and integrated agreement between Brazos County and the contractor
and supersedes all prior negotiations, representations, or contracts, either written or oral. This contract
may only be amended by written instrument approved and executed by the parties.
AVAILABILITY AND RETENTION OF RECORDS
All records relating to the service provided under this contract and supporting documentation for
invoices submitted to Brazos County by the contractor shall be retained and made available by the
contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including,
but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law
enforcement officials) and agencies of the United States Government. Such records shall be returned by
contractor and made available for any time period required by state or federal law. If changes occur in
the governing state or federal law, regarding retention records, contractor shall comply with such
changes. If an audit is initiated before the expiration of such time periods required by state or federal
law regarding retention of records, the contractor shall retain such records until the audit is concluded
and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be
conducted with respect to the contract. The requirements of Subchapter J, Chapter 552, Government
von. Il.o Pg. 13'6
Contract No. CIP 20-525
BRAZOS COUNTY, TEXAS Page 8 of 10 Pages
Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated
if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that
subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec.
552.372(b) of the Texas Government Code.
AUDIT RESPONSIBILTY
The contractor shall be responsible for receiving, replying to and/or complying with any audit exception
by appropriate federal, state or local audit directly related to the provision of this contract.
The contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous
billings, false or deceptive claims. The contractor recognizes and agrees that Brazos County may
withhold any money due and recover through any appropriate method any money erroneously paid
under this contract if evidence exists of less than full compliance with this contract.
INDENNIFICATION
The contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and
employees from all suits, actions, or claims of any character, name and description including attorney's
fees expenses brought for or on account of any injuries or damages received or sustained by any person
or persons or property, by or from the said contractor or his employees or by or in consequence of any
negligence in safeguarding the work, or through the use of unacceptable materials in construction of the
work, or by or on account of any act of omission, the Worker Compensation Law or any other law,
ordinance, order or decree, and so much of the money due the said contractor under and by virtue of his
contract as shall be considered necessary by Brazos County may be retained for the use of Brazos
County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim
or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that
effect f unshed Brazos County. Contractor shall defend, indemnify and save harmless Brazos County,
its officers, agents and employees in accordance with this indemnification clause regardless of whether
the injury or damage is caused in part by Brazos County, its officers, agents or employees.
voi..2,.Il�.— gig. 13
Contract No. CIP 20-525
BRAZOS COUNTY, TEXAS Page 9 of 10 Pages
HOUSE BILL 89 & DEBARMENT VERIFICATION
Brazos County is federally mandated to adhere to the directions provided in the President's Executive
Order (EO) 13224, Executive Order on Terrorist Financing -- Blocking Property and Prohibiting
Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective
9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the
Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov),
which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially
Designated National (SDN) list. Respondent certifies that the responding entity and its principals are
eligible to participate in this transaction and have not been subjected to suspension, debarment, or
similar ineligibility determined by any federal, state or local governmental entity and that Respondent is
in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is
not listed on the federal government's terrorism watch list as described in Executive Order 13224.
Entities ineligible for federal procurement are listed at https://www.sam.gov.
The undersigned affirms the non -debarment statement above, that they are duly authorized execute this
contract.
The company representative below further affirms, that the company submitting this proposal, under the
provisions of Subtitle F, Title 10, Government Code Chapter 2270:,
1. Does not boycott Israel currently: and
2. Will no boycott Israel during the term of the contract.
Pursuant to Section 2270.001, Texas Government Code:
1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise
taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations
specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled
territory, but does not include an action made or ordinary business purposes; and
2. "Company" means a for-profit sole proprietorship, organization, association, corporation,
partnership, joint venture, limited partnership, limited liability partnership, or any limited liability
company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate
of those entities or business associations that exist to make a profit.
Company Name: �,4�//.J �f �! (�,s
Authorized Company Representative:_�'%li4nl
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BRAZOS COUNTY, TEXAS
CERTIFICATION OF BID
Contract No. CIP 20-525
Page 10 of 10 Pages
The undersigned further affirms the non -debarment statement above, that they are duly authorized
execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the
contents of this bid have not been communicated to any other vendor prior to the official opening of this
bid.
Signed By: % Title: 4�f,,t& I /.,c
Typed Name: �Q,go 1� A • TeAeAre i.o „�c-
Company Name: Z>AX li4ltd / 655 :T; C . Phone No. !L• 0-70
Email Address: tf �6l�J�0�..1 �AIe 1A,4c i.JcJl • Co r✓+
Mailing Address: ->,0166Z �/ s� s�. C4tj J4A J
P. O. Box or Street City State Zip
Employer Identification Number: _ g0 - D..��SV.10 2
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Garland/DBS, Inc.
3800 East •91St Street
Cleveland, OH 44105
Phone: ($00) 762-8226
Fax: (216)' 883-20.65
ROOFING MATERIAL AND SERVICES PROPOSAL
Brazos. County
Administration Building
200 S Texas Avenue
Bryan, TX 77803
Date Submitted: 03/23/2020
Proposal #: 25 TX -200285
MICPA # PW1925
Purchase orders to' be made out to: Garland/DBS, Inc.
DoslpmBulldSolutbn
1
AS_ubsldnry of GndjfrJ Industrlw
Please Note: The following budget/estimate is being provided according to the pricing
established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with
Racine County, WI and OMNIA Partners, Public Sector (U.S. Communities). The line• item pricing
breakdown from Attachment C: Bid Form should 'be viewed as the maximum price an agency will
be charged under the agreement.
Scope of Work: Wali Coating
1. Repair and seal any miscellaneops holes and cracks in the building's exterior west wall
at arched openings, and West wall above lower roof between courthouse and offices.
Cracks that are 1116° or greater will be mechanically grinded and sealed with Tuff Stuff
MS elestomeric sealant. Backer rod will be used as necessary.
2. Pressure wash existing masonry walls to a clean and sound surface.
3. Cover and protect sidewalk areas and roof areas In preparation for new wall coating.
4. Install new Garland Tuff -Coat emulsified acrylic wall coating approximately at 70-100
square feet per gallon in accordance with manufactures specification. Throe coat
application minimum.
6. Color of wall coating will match SW 7313 Sanderling.
6. Wall to be accessed using current OSHA safety standards.
Attachment C: Bid Form - Line Item Pricing Breakdown
Item #
Item Description
Unit Price
Quantity
Unit
Extended Price
Cfeaning & Caulking: Pressure Wash to Cleari'Vertical
23.02
Surfaces I$
1.64
4,600
SF
$ 6,930
23.20
Cleaning & Caulking: Caulking: Remove Existing
Caulking & Clean and Prime Joint
•$ 1.84
100
LF
$ 184
Page 1 of 3
Vol. 311v . pg. wa
Base Bid Total Maximum Price of Line Items under the MICPA: $ 50;512
an-Moirk 6,014116a0. .. ,.:z ,� ; ,.y,,' ` :`,: '•, ;<. ' : " 4$,597,
Potential issues that could arise during the construction phase of the project will be addressed via
unit pricing for additional work beyond the scope of the specifications. This could range anywhere
frorrrwet insulation, to the replacement of deteriorated wood nailers. Proposal pricing valid 60
days from proposal date listed above.
Clarifications/Exclusions:
1. Sales and use taxes are excluded. Please issue a Tax Exempt Certificate.
2. Permits are excluded.
3. Bonds are Included.
4. Plumbing, Mechanical, Electrical worls is excluded.
5. Interior Temporary protection is excluded. '
6. Any work not exclusively described in the above proposal scope of work is excluded.
Page 2 of 3
Cleaning & Caulking: Install Backer Rod ih Propbrly
23 24
Prepared Opening, Polyethylene -1" Diameter
$ 1.94
100
LF
$ 194
Caulking Crack Sealing -1" x 1" Joint. (Ode (1)
Component Polyurethane
$ 6.16
100
$ 616
WALL COATINGS FOR COATING WALL SYSTEMS;
ELASTOMERIC COATING FOR CMU WALL SYSTI=M
19.03
-
Bass Coat of Coating @ 1 Gallon per Sq. / Top;Coat
@ 1 Gallon per Sq. Applied as Specified
$ 6.20
4,500
SF
1 $ 27,900
Sub Total Prior to Multipliers 1
1 $ 35,824
MULTIPLIER - DIFFICULT ROOF OR BUILDING
ACCESS
Multiplier is applied when labor production is effected
by.roof or building access. Situations that can cause
roof access to be more difficult include, but are not
limited to: no access for lifts or cranes, access is
dependent upon road closure, access. point requires
22.01
the closure of a building entrance, roof level is not
accessible from the ground, roof area Is Interior to
adjacent roofs or roof materials and materials dnd
equipment'must be loaded to one roof area and
carried to another roof area, roof materials and
equipment must.be carried to the roof through an
interior building access point, no or Ilmited staging
areas on the ground, etc.
24
$35,824,%
$ 8,598
MULTIPLIER - ROOF SIZE iS GREATER THAN 3,000
SF, BUT LESS THAN 5,000 SF
Multiplier Is applied when Roof Size is greater than
2219
3,000 SF, but less than 5,000 SF. Situation creates
the fixed costs: equipment, mobilization, 11
demobilization, disposal, & set-up labor to be allocated
across a simper roof area resulting in fixed costs
being a larger portion of the overall job costs
17
$35,824
%
$ 6,090
Total After Multlpilem
I
I
$ 50,512
Base Bid Total Maximum Price of Line Items under the MICPA: $ 50;512
an-Moirk 6,014116a0. .. ,.:z ,� ; ,.y,,' ` :`,: '•, ;<. ' : " 4$,597,
Potential issues that could arise during the construction phase of the project will be addressed via
unit pricing for additional work beyond the scope of the specifications. This could range anywhere
frorrrwet insulation, to the replacement of deteriorated wood nailers. Proposal pricing valid 60
days from proposal date listed above.
Clarifications/Exclusions:
1. Sales and use taxes are excluded. Please issue a Tax Exempt Certificate.
2. Permits are excluded.
3. Bonds are Included.
4. Plumbing, Mechanical, Electrical worls is excluded.
5. Interior Temporary protection is excluded. '
6. Any work not exclusively described in the above proposal scope of work is excluded.
Page 2 of 3
If you have any questions regarding this proposal, please do not hesitate to call me at my number
listed below.
Respectfully Submitted,
Matt Egan
Garland/DBS, Inc.
(216) 430-3662
Page 3of3
I
Vol. 1 Pgo I ��
THE TEXAS A&M UNIVERSITY SYSTEM
301 Tarrow Street, 2°a Floor
College Station, Texas 77840
Minimum Prevailing Wage Rate
County: Brazos
EYaKh1�e)
CLASSIFICATION
RATE NOTES
Acoustic Ceiling Installer
15.73
Asbestos Abatement Worker
13.06
Carpenter
15.95
Concrete - Pour and Finish
15.39
Crane Operator
26.40
Driver
14.47
Drywall Installer
16.20
Electrician - Journeyman
25.70
Electrician -- Apprentice
20.35
Elevator Mechanic - Journeyman
55.83
Elevator Mechanic - Apprentice
48:10
Fire Protection - Controls
17.72
Fire Protection - Pipefitter
20.61
Fonnwork Builder
14.58
Glazier
17.69
HVAC - Joumeyman
25.09
HVAC -Apprentice
15.81
HVAC - Controls
21.80
Insulator
16.01
Ironworker
17.42
Laborer/Helper
12.73
Mason
19.13
Equipment Operator - Light _
14.97
Equipment Operator - Heavy
16.76
Painter
13.18
Pipefitter - Journeyman
32.50
Pipefitter- Apprentice
-19.35
Plasterer
15.51
Plumber- Joumeyman
30.74
Plumber - Apprentice
20.32
Reinforcing Steel Worker
15.78
Roofer
19.94
Stone Mason
18.12
Terrazzo Installer
13.08
Tile Setter
15.73
Waterproof"
-14.91
Note: Listed minimum prevailing wage rate is the base hourly wage rate including fringes.
ROOF LEAK REPAIR AT THE BRAZOS COUNTY COURTHOUSE SERVICE CONTRACT
BRAZOS COUNTY PURCHASING DEPT.
200 S. Texas Ave., Ste. 352 Contract No. CIP 20-527
Bryan, Texas 77803 Page 1 of 10 Pages
Telephone (979) 361-4292
GENERAL REQUIREMENT FOR CONTRACT
MrIK o. ?�,t4(�4c; ,o,,,- as a duly authorized representative of R �/�.a IW5.SiJ4
"Contractor" willingly attest to perform (or deliver) as per Exhibit A for Brazos County.
I further agree to all of the provisions and specifications contained in this contract.
PROJECT TIMELINE
Project will start only after County receives the required bonds, insurance, work schedule and
after a purchase order has been issued to the vendor by the County. Project shall be completed by
September 30, 2020.
PREVAILING WAGES RATES
The contractor shall be responsible for following all provisions of Chapter 2258 of the Government
Code relating to the payment of prevailing wages. The wage rates to be used are included in Exhibit B
attached. A contractor or subcontractor who violates this section shall pay Brazos County $60 for each
worker employed for each calendar day or part of the day the worker is paid less than the wage rates
stipulated in Exhibit B.
BONDING REQUIREMENTS
The contractor will be required to bond each project individually. The successful bidder must provide to
the Purchasing Department, a performance bond and a payment bond, each in the amount of 100% of
each project sum ten (10) calendar days prior to start of work for each project. Such bonds shall be
executed by a corporate surety duly authorized and admitted to do business in the State of Texas and
licensed in the State of Texas to issue surety bonds with a Best Rating "A' or better. BRAZOS
COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY SURETY COMPANY
PROPOSED BY THE BIDDER. IN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY
COMPANY THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT
THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS
COUNTY.
ASSIGNMENT
The successful offeror may not assign, sell or otherwise transfer this contract without written permission
of Brazos County Commissioners Court. Should there be a change in ownership or management; the
contract shall be terminated unless a mutual agreement is reached with the new owner or manager to
continue the contract with its present provisions and prices.
BRAZOS COUNTY, TEXAS
EVIZ—VI-Fil
Contract No. CIP 20-527
Page 2 of 10 Pages
Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in
accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to
more than one offeror, to reject any or all bids. The County reserves the right to accept or reject in part
or in whole, any IQs submitted, and to waive any technicalities for the best interest of the County.
BIDDERS RESPONSIBILITY
It is the bidder's sole responsibility to print and review all pages of the bid document, attachments,
questions and responses, addenda, and special notices. The Certification of Bid Form must be completed
to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification
number and signed by an authorized representative of the firm. Failure to provide signature on the
Certification of Bid Form renders bid non-responsive. Failure to complete the submission of all required
forms, including but not limited to the Reference Page, House Bill 89 & Debarment Verification form,
Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or
documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the
bidder agrees to comply with HB 1295, Government Code 2252.908. Bidder agrees to provide Brazos
County the "Certificate of Interested Parties", Form 1295 as required, pending award, renewal, amended
or extended contract. Visit https://ethics.state.tx.us/whatsnew/elf_info_forml295.htm for more
information. In the event of a needed change in the specifications sent to the bidder, it is understood that
all the foregoing terms shall apply to the addendum or addenda.
CONTRACT OBLIGATION
Brazos County Commissioners Court must award the contract and Brazos County Judge, or other person
authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on
Brazos County or the offerors. Department heads are NOT authorized to sign contracts for Brazos
County. Binding contracts shall remain in effect until all products and/or services covered by this
purchase have been satisfactorily delivered and accepted.
QUANTITIES
The quantities specified in this contract are estimates only. Brazos County does not guarantee to
purchase any minimum quantities or services other than those listed on a purchase order.
HOLD HARMLESS AGREEMENT
Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for
personal injury, death and/or property damage resulting directly or indirectly from contractor's
performance. Contractor shall procure and maintain, with respect to the subject matter of this bid,
appropriate insurance coverage including, as a minimum, public liability and property damage with
adequate limits to cover contractor's liability as may arise directly or indirectly from work performed
under terms of this contract. Certification of such coverage must be provided to Brazos County upon
request.
INSPECTIONS & TESTING
Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the
sole discretion of the Commissioners Court when all terms and conditions of the contract and
specifications have been met to its satisfaction, including the submission to Brazos County of any and
all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos
Contract No. CIP 20-527
BRAZOS COUNTY, TEXAS Page 3 of 10 Pages
County until the County actually accepts and takes possession of the goods at the point or points of
delivery.
ADDITION/MODIFICATION OF LOCATIONS OR SERVICES
Brazos County reserves the right to add locations as these additional locations may be required.
Locations to be added may include, but not limited to, expansions or additions to existing facilities and
acquisition or construction of new properties. In the event that Brazos County makes significant
structural changes to an existing facility that impacts the contractor's cost in providing the services
anticipated by this contract such change may be treated as a new facility and the procedures provided for
in this section may be followed in determining an appropriate price.
In the event Brazos County wishes to add other locations to a group under the contract, a quotation will
be solicited from the incumbent contractor in good standing for the group in which the new location is
appropriately situated.
In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to
which the contract applies, all existing contracts for services applicable to such location, the portion of
this contract that applies to such locations is terminated. All remaining portions of the contract will
remain intact. Brazos County will endeavor to give the contractor written notice of such termination of
locations a minimum of thirty (30) days in advance.
INVOICES & PAYMENTS
Payments to contractors will not be made if the contractor cannot produce a Brazos County Purchase
Order. Contractor shall submit an original invoice on each purchase order or purchase release after
each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which
cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the
contractor. Brazos County will only be required to pay for materials actually received and/or services
actually provided. Brazos County shall not be required to pay for materials or services described in the
contract that are not used or provided by the contractor in completion of the contract. This term
supersedes any contradicting terms throughout the contract and/or any attachments.
When multiple deliveries and/or services are required, the contractor may invoice following each
delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon
receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis
only. The contractor will provide an invoice for each month in which Brazos County is responsible for
payment, during the duration of the contract. Prior to any and all payments made for goods and/or
services provided under- this contract, the contractor should provide their Taxpayer Identification
Number or Social Security number as applicable. This information must be on file with Brazos County
Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up
withholding as required by the Internal Revenue Service.
Retainage of 5% will be withheld from each invoice for the duration of the contract until the
County accepts the work as 100% complete and receives all warranties, manuals, releases of lien
and other closeout documents. Upon acceptance by the County, retainage will be released to the
contractor.
Contract No. CIP 20-527
BRAZOS COUNTY, TEXAS Page 4 of 10 Pages
PRICING
Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on
the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or
subsequent qualifications will be honored during the course of the contract. All prices must be
written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be
prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind,
other than those mentioned above, specified or unspecified, offeror MUST indicate the items required
and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended
pricing differ, unit pricing prevails.
TAXES
Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this
contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code
§ 151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written
request to Brazos County Purchasing Agent.
GOVERNING FORMS
In the event of any conflict be the terms and provisions of these requirements and the
specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of
this overall contract, Brazos County's interpretation shall govern. In the event of a conflict between the
terms, conditions, provisions, and specifications of this contract and any other terms, conditions,
provisions, and specifications provided by the contractor; the terms of this contract shall supersede.
GOVERNING LAW AND VENUE
This bid solicitation is governed by the laws of the State of Texas, specifically, the competitive bidding
requirements of the County Purchasing Act, Texas Local Government Code, §262.021 et seq., as
amended. Offerors shall comply with all applicable federal, state and local laws and regulations.
Offeror is further advised that these requirements shall be fully governed by the laws of the State of
Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney
General of Texas and Brazos County Attorney concerning and portion of these requirements. Potential
vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code,
Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that
have an aggregate value in excess of $250.00 given to any employee of the County, County Official to
the County Official's family members or employment of any employee of the County,-County Official
or the County Official's family members during the preceding twelve (12) month period. The disclosure
questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code,
Chapter 176 for the details of this law. Bidder understands that Brazos County is a government subject
to Texas State and Federal public information statutes. Venue shall lie exclusively in Brazos County,
Texas, notwithstanding anything to the contrary.
DISQUALIFICATION-OF-OFFEROR
Upon signing this contract, an offeror offering to sell supplies, materials, services, or equipment to
Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas
Business and Commerce Code § 15.0 1, et seq., as amended; or the federal antitrust laws, and has not
communicated directly or indirectly the bid made to any competitor or any other person engaged in such
line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among
t
Contract No. CIP 20-527
BRAZOS COUNTY, TEXAS Page 5 of 10 Pages
the offerors. Bids in which the prices are obviously unbalanced may be rejected. Requests to withdraw a
submitted bid or proposal are subject to the approval of the Purchasing Agent.
SEVERABILITY
If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the
specifications shall be held invalid, such holding shall not affect the remaining portions of these
requirements and the specifications and it is hereby declared that such remaining portions would have
been included in these requirements and the specifications as though the invalid portion had been
omitted.
SILENCE OF SPECIFICATIONS
The "apparent silence of specifications as to any detail, or the apparent omission from it of a detailed
description concerning any point, shall be regarded as meaning that only the best commercial practice is
to prevail and that only material and workmanship of the finest quality are to be used. All
interpretations of specifications shall be made on the basis of this statement. The items furnished under
this contract shall be new, unused of the latest product in production to commercial trade and shall be of
the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be
experienced in design and construction of such items and shall be an established supplier of the item bid.
TERMINATION
Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms
therein, including warranties of offeror or if the offeror becomes insolvent or commits acts -of
bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which
Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to
deliver the proper goods and/or services within the proper amount of time, and/or to properly perform
any and all services required to Brazos County's satisfaction and/or to meet all other obligations and
requirements. Brazos County may terminate the contract without cause upon thirty (30) days written
notice.
POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE
CONTRACTOR'S INSURANCE
The contractor(s) before starting work for Brazos County, must famish Brazos County a Certificate of
Insurance or other acceptable evidence from.a reputable insurance company or companies with an A.M.
Best Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in
the state of Texas, showing that the contractor is covered by the insurance as follows: -
(1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of
$1.000,000. In the event any work is sublet, the contractor shall require the subcontractor
similarly to provide the same coverage and shall himself acquire evidence of such coverage on
behalf of the subcontractor. Waiver of subrogation is required. (TLC Sec. 401.011)
(2) Commercial General Liability Insurance with a $ 1,000,000 b' ed Single Limit. The policy
shall be on the Comprehensive General -Liability ISD crc�re ce form, and shall include
coverage for acts of independent contractors, and shall name Brazos County as an additional r
insured. Waiver of subrogation is required. No claims made policies will be acceptable without
vol. 2A Lo_ Pg. 150
Contract No. CIP 20-527
BRAZOS COUNTY, TEXAS Page 6 of 10 Pages
prior approval by the Commissioners Court/Msk Mana eg ment.
(3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit, in all self-
propelled vehicles used in connection with the contract, whether owned, non -owned or hired.
The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under
such policies shall not be canceled or materially changed until at least 30 days prior written notice has
been given to Brazos County.
LIMITATIONS
The parties are aware that there are constitutional and statutory limitations on the authority of Brazos
County to enter into certain terms and conditions of the contract, including, but not limited to,
authorizations of the placement of liens on Brazos County property; disclaimers and limitations of
warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of
legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting
control of litigation or settlement to another party; liability for acts or omissions of third parties;
payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the
"Limitations"). Any contract terms and conditions related to the Limitations will not be binding on
Brazos County except to the extent authorized by the laws and Constitution of the State of Texas.
EMPLOYEE OBLIGATIONS
The personnel performing the services contracted herein shall be under the sole responsibility and the
employ of the Contractor. The Contractor shall give all notices and comply with all laws, ordinances,
rules, regulations, and orders of any public authority in connection with the performances of the work
herein to be done. The contractor shall be responsible for initiating, maintaining, and supervising
appropriate safety precautions and programs in connection with work herein contracted to be done. The
Contractor shall take all reasonable precautions for safety of, and shall provide all reasonable protection
to prevent damages, injury or Ioss to; all employees on the projects and other persons who may be
affected thereby, the projects and all materials and equipment to be incorporated therein, and other
property at the site or adjacent thereto.
COVERAGESIWAGES
Nothing in this contract shall be construed as making Brazos County responsible for the payment of
compensation and/or any benefits for contractor including health, property, motor vehicle, workers'
compensation, disability, death, and dismemberment insurance for the contractor's employees and/or
equipment. Nothing in the contract shall be construed as making -Brazos County responsible for wages,.
materials, logistical support, equipment, and related travel expenses incurred by the contractor.
SOVEREIGN IMMUNITY
The parties understand that Brazos County does not waive or relinquish any immunity or defense on
behalf of itself, officers, employees, -agents,- and volunteers as a result of its execution of this contract
and the performance of the covenants contained herein. Further, Brazos County is not responsible for
any civil liability that arises from any act or omission made within the course -and scope of this contract.
The parties understand and agree that Brazos County does not assume civil liability under any theory of
law for the actions of the contractor in providing services hereunder.
Contract No. CIP 20-527
BRAZOS COUNTY, TEXAS Page 7 of 10 Pages
NOTICES
Notices shall be mailed to the addresses designated herein or as may be designated in writing by the
parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the
following addresses:
BRAZOS COUNTY:
Brazos County, Texas
Duane Peters, Brazos County Judge
200 South Texas Avenue, Suite 332
Bryan, Texas 77803
CONTRACTOR:
Sales Contact Name: Phone Number: I, Billing Info:
C?�A✓f0..� ✓/t.�ls �.'f .f/2- !9 PS/- 14ARIAAa
SI'
FISCAL FUNDING CLAUSE
Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly
contingent upon the availability of funding for the obligations contained herein for the term of the
contract and any extensions and renewals thereto.
WAIVERS
No waiver by either party hereto of any term or condition of this contract shall be deemed or
construed to be a waiver of any other term or condition or subsequent waiver of the same term or
condition.
ENTIRE CONTRACT
This contract represents the entire and integrated agreement between Brazos County and the contractor
and supersedes all prior negotiations, representations, or contracts, either written or oral. This contract
may only be amended by written instrument approved and executed by the parties.
AVAILABILITY AND RETENTION OF RECORDS
All records relating to the service provided under this contract and supporting documentation for
invoices submitted to Brazos County by the contractor shall be retained and made available by the
contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including,
but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law
enforcement officials) and agencies of the United States Government. Such records shall be returned by
contractor and- made available for any time period required by state or federal law. If changes occur in
the governing state or federal law, regarding retention records, contractor shall comply with such
changes. If an audit is initiated before the expiration of such time periods required by state or federal
law regarding retention of records, the contractor shall retain such records until the audit. is concluded
and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be
conducted with respect to the. contract. The requirements of Subchapter J, Chapter 552, Government
Vai. L -j Pg. 1:5a—
Contract No. CIP 20-527
BRAZOS COUNTY, TEXAS Page 8 of 10 Pages
Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated
if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that
subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec.
552.372(b) of the Texas Government Code.
AUDIT RESPONSIBILTY :
The contractor shall be responsible for receiving, replying to and/or complying with any audit exception
by appropriate federal, state or local audit directly related to the provision of this contract.
The contractor shall repay:.to Brazos County the full amount received for duplicate billings, erroneous
billings, false or :deceptive claims. The contractor recognizes and agrees that Brazos County may
withhold any money due and recover through any appropriate method any money erroneously paid
under this contract if evidence exists of less than full compliance with this contract.
INDENEWICATION
The contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and
employees from all suits, actions, or claims of any character, name and description including attorney's
fees expenses brought for or on account of any injuries or damages received or sustained by any person
or persons or property, by or from the said contractor or his employees or by or in consequence of any
negligence in safeguarding the work, or through the use of unacceptable materials in construction of the
work, or by or on account of any act of omission, the Worker Compensation Law or any other law,
ordinance, order or decree, and so much of the money due the said contractor under and by virtue of his
contract as shall be considered necessary by Brazos County may be retained for the use of Brazos
County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim
or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that
effect famished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County,
its officers, agents and employees in accordance with this indemnification clause regardless of whether
the injury or damage is caused in part by Brazos County, its officers, agents or employees.
Contract No. CIP 20-527
BRAZOS COUNTY, TEXAS Page 9 of 10 Pages
HOUSE BILL 89 & DEBARMENT VERIFICATION
Brazos County is federally mandated to adhere to the directions provided in the President's Executive
Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting
Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective
9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the
Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov),
which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially
Designated National (SDN) list. Respondent certifies that the responding entity and its principals are
eligible to participate in this transaction and have not been subjected to suspension, debarment, or
similar ineligibility determined by any federal, state or Iocal governmental entity and that Respondent is
in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is
not listed on the federal government's terrorism watch list as described in Executive Order 13224.
Entities ineligible for federal procurement are listed at https://www.sam.gov.
The undersigned affirms the non -debarment statement above, that they are duly authorized execute this
contract.
The company representative below further affirms, that the company submitting this proposal, under the
provisions of Subtitle F, Title 10, Government Code Chapter 2270:
1. Does not boycott Israel currently: and
2. Will no boycott Israel during the term of the contract.
Pursuant to Section 2270.001, Texas Government Code:
1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise
taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations
specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled
territory, but does not include an action made or ordinary business purposes; and
2. "Company" means a for-profit sole proprietorship, organization, association, corporation,
partnership, joint venture, limited partnership, limited liability partnership, or any limited liability
company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate
of those entities or business associations that exist to make a profit.
Company Name:.
Authorized Company Representative: _tV,4ti IC A • PeXc4ciArit of
Address:_ 3 ga 6 G 1`/ s' �� - CA. .low f (aw CAM
Signature:_
narP. G
Contract
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BRAZOS COUNTY, TEXAS
Contract No. CIP 20-527
Page 10 of 10 Pages
CERTIFICATION OF BID
The undersigned further affirms the non -debarment statement above, that they are duly authorized
execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the
contents of this bid have not been communicated to any other vendor prior to the official opening of this
bid.
Signed By: Title:��� .G
Typed Name: �Q,4�� _ P_464c i,o,,+C.
Company Name: C�,OiQI,Q,.i C� �QS� �i�1C. Phone No. _Z(4 - V?O-7C 9:5
Email Address: A4 �SO d Q d4(4 4 i,1 J. Cars
Mailing Address: a0 e/ 9/ sic -5;e. Cloj e,,4 ., nw VC&O1100"'
P. O. Box or Street City State Zip
Employer Identification Number:
Apr by ommissio s' Court on thisV3 J dayof - UNE 2020 by
olding the position of _Lou nw !dA e
bio• ���'
since 1895
Garland/DBS, Inc.
3800 East 919' Street
Cleveland, OH 44105
Phone: (800) 762-8225
Fax: (216) 883-2055
ROOFING MATERIAL AND SERVICES PROPOSAL
Brazos County Courthouse
Brazos County
300 E 26th St
Bryan, TX 77803
Date Submitted: 01/24/2020
Proposal #: 25 -TX -200063
MICPA # PW1925
Purchase orders to be made out to: Garland/DBS, Inc.
bit A
0
esign-0uild Solution;, Inc.
r,
Subsldiaty o(Gorlard Indus6ies
Please Note: The following budget/estimate is being provided according to the pricing established
under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Racine
County, WI and OMNIA Partners, Public Sector (U.S. Communities). The line item pricing
breakdown from Attachment C: Bid Form should be viewed as the maximum price an agency will
be charged under the agreement. Garland/DBS, Inc. administered an informal competitive process
for obtaining quotes for the project with the hopes of providing a lower market -adjusted price
whenever possible. -
Window Head Scope of Work (Judge Smith's Office, 361s District Courtroom, 85 District
Courtroom)
1. Install swing stage to access window head condition per OSHA standards on North and
West Elevations of the Brazos County Courthouse.
2. Install overhead protection along the sidewalk over the window work area.
3. Swing stage is to be anchored into roof concrete decking. Anchor points are to be
waterproofed during construc-tion and will have a long-term patched installed after swing
stage is removed
4. Remove existing exterior sealant joint at window head at North and West Elevations of the
Brazos County Court -house. Approximately 340 lineal feet
5. Remove existing secondary sealant joint at window at North and West Elevations of the
Brazos County Court -house. Approximately 340 lineal feet
6. Grind existing concrete panel above the window head to remove rough aggregate
surfacing
7. Grinding and any noise activities are to be completed on the weekend.
B. Once joint is prepared, wipe surface with denatured alcohol prior to application.
9. If joint depth allows, existing window shims are to be turned to allow for a secondary
sealant joint. The secondary sealant joint will utilize a closed celled backer rod and be
tooled to a uniform finish
Page 1 of 3
vol. 31 Co pg. I
10. If joint depth allows for only one (1) sealant joint, a new sealant joint will be installed
recessed into the concrete panel.
11. New sealant backings and ensure backing material is continuous with no gaps between
each section. Bond breaker tape to be used as necessary.
12. A licensed Texas engineer will be onsite to review conditions and help determine correct
scope of work moving forward
Line Item Pricing Breakdown
Item#
Item Description
Unit Price
Quantity
Unit
Extended Price
Labor, Materials, and Equipment - ATC Contractors,
Inc.
$ 22,300
1
EA
$ 22,300
Sub Total Prior to Multipliers
$ 22,300
Additional repair options: Option 1: Cost of Quote
Plus Mark-Up (Used when repair and installation
services line item pricing is not available and services
23.167
performed are to be performed by a contractor.
Requires a quote on corporate letterhead that cannot
exceed $25,000)
Cost plus added to quote
141$
22,300
%
1 $ 3,122
Engineering Services
$ 11,2001$
1
JEA Is
11,200
Total After Multipliers
I
I
Is
36,622
Base Bid Total Maximum Price of Line Items under the MICPA: $ 36,622
Travertine and Window Louver Scope of Work
1. Remove two (2) travertine panels at South Elevation (Karen McQueen's Office) and North
Elevation (Detectives Office) in order to review conditions behind travertine panels
2. Remove Louver under window glazing at mechanical room to review metal flashing
conditions.
3. A licensed Texas engineer will be onsite to review conditions and help determine correct
scope of work moving forward
Line Item Pricina Breakdown
Item #
Item Description
Unit Price
Quantity
Unit
Extended Price
Labor, Materials, and Equipment - ATC Contractors,
Inc.
$ 8,500
1
EA-
$ _ 8,500
Sub Total Prior to Multipliers
$ 8,500
Additional repair options: Option 1: Cost of Quote
Plus Mark-Up (Used when repair and installation
services line item pricing is not available and services
23.167
performed are to be performed by a contractor.
Requires a quote on corporate letterhead that cannot
exceed $25,000)
Cost plus added to quote
14
$ 8,6001%
1 $ 3,122
Total After Multipliers
1
1$ 41,622
Base Bid Total Maximum Price of Line Items under the MICPA: $ 11,622
Page 2 of 3
Vol. Lp pg. 15 7
Potential issues that could arise during the construction phase of the project will be addressed via
unit pricing for additional work beyond the scope of the specifications. This could range anywhere
from wet insulation, to the replacement of deteriorated wood milers. Proposal pricing valid 60 days
from proposal date listed above.
Clarifications/Exclusions:
1. Sales and use taxes are excluded. Please issue a Tax Exempt Certificate.
2. Permits are excluded.
3. Bonds are included.
4. Plumbing, Mechanical, Electrical work is excluded.
5. Masonry work is excluded.
6. Interior Temporary protection is excluded.
7. Any work not exclusively described in the above proposal scope of work is excluded.
If you have any questions regarding this proposal, please do not hesitate to call me at my number
listed below.
Respectfully Submitted,
�W ??i' &*
Joe Mullen
Garland/DBS, Inc.
(216) 430-3635
Page 3 of 3
Vol.: Pg. LaL]
s
since 1895
Garland/DBS, Inc.
3800 East 91St Street
Cleveland, OH 44105
Phone: (800) 762-8225
Fax: (216) 883-2055
Terms and Conditions for Sub -Consultant Engineering Services
1. Parties: 'GDI" shall mean Garland/DBS, Inc. "Customer' shall mean the person or entity executing the
Agreement with "GDI'.
2. Project Sub -Consultant A Sub -Consultant may be contracted for this project as an independent of GDI
and is chosen for his/her expertise in the scope of work for this project.
3. Limitation of Services: Other professional services or work beyond,those proposed above, expressed or
implied, are not included in this proposal. Professional services and liabilities are limited to the terms and
conditions of the Sub -Consultant's proposal included herein.
4. Payment: Invoices for GDI's services shall be submitted upon completion of work. Invoices shall be
payable when rendered and shall be considered past due if not paid within thirty (30) days after the invoice
date. Additional services requested by Customer beyond the Scope of Work above shall be charged at the
following rates:
Principal Engineer $250
Project Engineer $150
Principal Architect $250
Project Architect $150
Drafter $110
Administrative $75
5. Standard of Care: GDI represents that it will provide its services under this agreement in conformance with
the care and skill ordinarily exercised by reputable members of the professional design community practicing
under similar conditions at the some time in the some or similar locality. GDI offers no other warranty of any
kind, expressed or implied, at common law or created by statute, or Intended by the rendition of consulting
services or by furnishing oral or written reports of the findings made, other than as specified in the project
contract documents.
B. Dispute Resolution: Customer -and GDI-shall first attempt to resolve disputes or disagreements at the field
level through discussions between Customer's Representative and GDI's Representative. Any claims,
disputes or controversies between. the parties arising out of or relating to the Agreement, or the breach
thereof, which have not been resolved in accordance with the procedures set forth in Section 8 shall be
decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association ("AAA") then in effect, unless the parties mutually agree otherwise. The prevailing
party in any arbitration, or any other final, binding dispute proceeding upon which the parties may agree,.
shall be entitled to recover from the other party reasonable attorney's fees, expert witness fees and
expenses incurred by the prevailing party. Notwithstanding anything herein to the contrary, neither Customer
nor GDI shall be liable to the other for any consequential losses or damages, whether arising in contract,
warranty, tort (Including negligence), strict liability or otherwise, including but not limited to losses of use,
business, reputation or financing.
T. Termination: This agreement may be terminated by either party upon at least seven (7) days written notice
in the event of substantial failure by the other party to perform In accordance with the terms hereof through
no fault of the terminating party. Such termination shall not be effeetive if that substantial failure has been
remedied before expiration of the period specified in -the written notice. Substantial failure for the customer
Includes any requests made to GDI that violate the standard of care as described In article 6. -
I
;5
THE TEXAS A&M UNIVERSITY SYSTEM
301 Tarrow Street, 2nd Floor
College Station, Texas 77840
Minimum Prevailing Wage Rate
County: Brazos
E�hi b�i 4
CLASSIFICATION
RATE NOTES
Acoustic Ceiling Installer
15.73
Asbestos Abatement Worker
13.06
Carpenter
15.95
Concrete - Pour and Finish
15.39
Crane Operator
26.40
Driver
14.47
Drywall Installer
16.20
Electrician -Journeyman
25.70
Electrician - Apprentice
20.35
Elevator Mechanic - Journeyman
55.83
Elevator Mechanic - Apprentice
48.10
Fire Protection - Controls
17.72
Fire Protection - Pipefitter
20.61
Formwork Builder
14.58
Glazier
17.69
HVAC - Journeyman
25.09
HVAC - Apprentice
15.81
HVAC - Controls
21.80
Insulator
16.01
Ironworker
17.42
Laborer/Helper
12.73
Mason
19.13
Equipment Operator - Light
14.97
Equipment Operator - Heavy
16.76
Painter
13.18
Pipefitter-Journeyman
32.50
Pipefitter - Apprentice
19.35
Plasterer
15.51
Plumber- Journeyman
30.74
Plumber - Apprentice
20.32
Reinforcing Steel Worker
15.78
Roofer
19.94
Stone Mason
18.12
Terrazzo Installer
13.08
Tile Setter
15.73
Waterproofer
14.91
Note: Listed minimum prevailing wage rate is the base hourly wage raw including fringes.
�
1voi. 31(X-�- Pg- VU0
Brazos Couoty Juye * nile Justice Center
Detin'd ' oh-Savjits Agreement.
July l.-2616-:jine 36.2'021
:CONTRACT AND AGREEMENT FOR 9ECURE:SHORT-TERM
DETENTION OF TUVENILE OFFENDERS
,SPACE AVAILABLE
-STATE OF TEXAS
COUNTY OF BRAZOS
BRAZOS COUNTY'RJVENILE:BOARD
BRAZOS COUNTY.JUVENME,JUSTICE CENTER
Detenfion'$ervkes:*
July 1, 2020 -June 30,2021
This contract and agreement -for secure.short-:term detention of juvenile offenders is entered into by and between
LimesItpnWFre6stonLI County, 4etirtg-'by: and_ through its duly "authorized e
zed r�prb entativ .(hereinafter "Juvenile
Probation") and the Brazos County Juvenile Board, acting by and through. ifs -duly,authorized represeriftitive And
County Judge, concerning &tenfidrt residential services provided at County -Juvenile justice Center
(hereinafter "the.Facility"') K
y") by the:Brazos. County Juvenile Services DepartmehQhLsreinafter `Ser�ice Prov eill)
pursuant to. license granted by the Texas Juvenile Justice -Department And/or any other appropriate.State agency
with licensure or regulatory authority over -this-facility.
'PURPOSE
.1-00 Whereas Limestone/Freestone County., in order to carry out and: conduct.its juvenile program in
accordance with'the juvenile justice Code, Title M of the Texas Family Code has.need of the use of -&tehtion
facilities to house and maintain children of Jluvenile,age, who are referred to -a -detention facility- for act(s) of
delinquency or acts) indicating a need for supervision, dur . ing.pre-#ial and pre=dipppsitional status by tM.Court.
The placement facility to be utilized owned qpdfatdd by Brazos Count' and Service Provider; and is
. .. 1. y Oervice
located at 1904 HWY 21 W,Bryan, Texas -77803.
TERM
2.00 The term of this Agreement is, for 12 months commencing'July 1,2020t -June 30, 2021. It-shallbe automatically
renewed for one`(1) year terms thereafter,ing
.commeoc July 19t And ending Jude 3011� of each year; unless one
party ia6tifi9e.
. the -other in writing, at least thirty (PO)days .prior to the expiration of said term, of its intention .to
not reftewthig Agreement.
XkovisioNs OF 9ERvi(2Es
.01 Seivice Provider will 'pr6vi4e:,rQom and board, supervisionn Wenyfour .hours -per day, seven days w eI
routine medical examinaton and Treatmentwithin the Facility
(but 'shall OW4 or pay for emergency
ekaudnattq% tr not P't
gatih or hospitalization ti ' utside -the Facility); an - - -recreation
osp.1 A .. a on 6 education, program,
.facilities; and crisis intervention to each child placed viffiin the Facility.
3.02 If emergency -examination, EMS' treatment, MOW care- treatment; and/or hospitalization outside the Facility
("QuWdeTreatme is requited for a Offld. placed. in, theYacility, thoAdiitiniitiato
.. . r of the Facility is Authorized
ko-secure: ihe'Outside Treatment: at the expense -of. juvenile Probation*and:agreds toindemnify-andhold harm . less
Serv!cq PrUvidetJW officers, directors, reprqsef.tt4tive$l agents, shareholders and. I ... employees from any and all
liability for charges for Outside Treabinent The Administrator shall notify the.sppropriate.JuvehiJuvenile Probation
officials of(?0!4i4p'TrjEatmerkiwfd-dn-twoht
. four .(24). hours of its :oceureice.
-2) Pg.
I fix-!
Brftbs CoMityUrefifte.Jus,fice Center
Detention -Services Agredneht
Jdy f, 2020- iuhe.36,2011
3.03 Children from juvenile Probation who are alleged to have engaged in delinquent -conduct, or conducrindicatine
a need for supervision, as reflected in a Child. in Need of Supervision Order (CMS) will be admitted to the facility
under the authority of any, juvenile court having, jurisdiction or ifs designated -official- Childreii not released
within forty-eight (48) hours (excluding weekends .and holidays) must, have a detention, hearing in 'the
'Limestone/Freestone -County juvenfle.icourtin accordandemith the Te5cas.Fwffy Code; Title Il1'.(S0ctWn.54.0I).: if
4he,child Lg orderedZdAine4, a certified Dopy of the detention order.must be delivered to: the. deterition:FacilifY
prior tothe child's re -admission.
3.04 Each child placed in the Facility shall be reqiliied to followthe rul'es'-a44 xegulgitiong of Qndlittas fixed and
deter ed by thg fadli1y-adm"ttator'Afid.§taff of.the Facility..
Hity.
.3.05 Accept4W ofachildby-theFacility Will bb 410-termfned by Brazos,Cburtty juvenile Fadility.Staff. Service Provider
reserves the right to refuse admission of anychild -deemed inappropriate Service Provider has resolved to
operate the Facility in compliance with
th the: Juvenile Justice. -and
. ppra Delinquency Prevention Act, and therefore,
Service Provider will not. accept children Whosedetention would prevent -the *Ftacility from complying with the
juvenile, :Justice .and Delinquency"juveniles - arecharged with or has committed
�ie%fentibn Act or those ��juvenfles who
offenses that would not be; criminal if committed by an adult or offenses . Whic.h.40 not constitute, violations of
valid c -out -t order, or such -non-offenders as dependent ,or ,neglected children.- Section 223(a) (12) (A), juvenile
Justice Delinquency Prevention Act. No child who is intoxicated or in need of Immediate medical attention Will
be accepted imder'any circumstances Without having been seen, ,'treat', ted and released by a medical professional
and given.written medical clearance.
-8.06 If achild is. accepted
by the Facility from juvenile Probation and the child thereafter is dderrriirted to be, mthq
sole judgment of the Administrator, mentally or physically unfit, dangerous, unmanageable, unsuitable for the
progaul or combfitation :Of'su& -conditions or whose mental or physical.condiict would or -might endanget, the
other -occupants of the Fadlity, then the Service Provider shall notify' Juvenile -Probation -of this.detern-dnation.
3.07 The child shall immediately bexemoved from the Facility �r but. -in no event iongei - than, twenty.four (2h) hours after
notification. It will. be the regponsibility:of -juvenile Probation, at its expense, to, provide for the transpoiiation
for the removal of the. child. Any child not removed from the facility - within 24.h ifts Will be transported.transported.by
6
Service Provider to. Juvenile Probatidn and Juvenile Probation will be charged the cost of staff, time and fuel for
the transportation. The -daily rate of detention shall increase to $26Q.00 . fo± any child not removed within the 24
hour. period..
3.08 Na, child is -classified. as being. A High Risk Suicide and bilins, pet state standards, is.required. to be -_
placed on one-
on-one supervisionj the daily. -rate of
one . detention shall'increase , to .$200.00` a day until the child no longer --requires
-on-one
supervision. This rate iri;ludes any partial day(s)..
3.09 Any damage tocounty property or juvenile f;
4ci4tyfjxWreswfflbepaidfo-f - thefuvenile Probation.Department
b y
and charges will be filed against the juvenile with the Brazos County Sheriffs Department
3:10 Service Provider agrees that 'the facility y will accept -any child who qualifies, without regard to. such chidrs
religion, race, creed, sex or national origin. .
3,11 It is further understood and -agreed by the parties that children placodin pre -adjudication caffein thefacility
shall be removed from the Facility by-the-fto ob!
appropriate. authorities:from ation, or-ift agents, servants
or employees atthe: conclusion of the ten (10) day working period authorized .by the court order .issued .at the
0 the. 9 detention hearing'by the judge: of appropriate conduPion UO opriate,juvenile court unless!a new order has
been issued authorizing,the -continued detention, and a copy. of the new- bider has been delivered to the-Tacility,
or- unless a waiver of the 'fen (iO working wo d4yhearihg, has been executed and a -signed copy of . the waiver ig
received :by the Facility.. A copy of the• order issued pursuant to the waiver shall be -furnished to the Facility.
The
same understanding and agreement*b, .e
eii the parties exists withtheexceptionthat.c
ourtorders may authorize-
detention
uthorizedetention for up- to fifteen '(15)worWg-days after the initial hearing and detention period..
Vol. 1 pg. l C� a
Brazos County Juvenile Justice Center
bit.nfio'h- Services Agreement
July:), 162D- June WJ021
t.3112 Itis further understood .and agreed by the parties that, ch4t#en may be released'to the.Pr6batfon Officer or other
appropriate authority. of juvenile Probation pursuant to: (a) item .345. (b) an:Order of Release -signed, by, the
Judge(s) of the-juvenilpTCourt of LimestorieffreestorLP CourAy.
3.13 Service Provider shall be in compliance with :all stanAard9 and 'requiterhWts-of the Texas Juvenile justice
.Pepartaipat and all applicable State qhd.Federal law_
.3.14 Service ProiViddr shallprovi e twenty '(24) 'hour supervision for each child, including the by
detention,staff during sIeeping.hourg in a Securelak
915 'Each -child placed in the Facility shall 'be provided the oppoitW-fty to complete the Massachusetts youth
Screening Ittstrument (4AY$1-2), as, requl-
ired -by the Texas, juvenile Justice I)Lipartmenf. Facility- personnel
administering the MAYSU2.shall be properly trained, sign the warning page, and document time and date
administered. The.MALYSI-I shall then'
be -promptly provided to juvenile Probation of 'the detaining county.
3� Each child "placed iri the Facility shall. be enrolled in ,an .educational program. Special:stepsshall be taken to
with -
comply wi -requirements of Special Education students and their needs:
3.17, It is iurth:er understood and -agreed by the parties that.Aothing in this -contract shall be construed to permit.
juvenile Probation, ;its agents; ser-Va4tsi. or employees any -way to manage, control, direct or instruct Service
Provider, its direcfors,,officers, employees, agents, 'shareholders and: c!esigrie6s in'any manner respecting. its work,
duties functions,, or pertaining to the maintenance and operation of the Facility. However, it is also. -understood
that the juvenile Court of LimestoneRmestone..County shall control the conditions and terjxts of detention
supervision ds-toA particular child puksuant.to the*Tt*as Famfly-Code, Section 51.12.
COWENSATION
4.00 For and in consideration of the above-xri ned.sgivicegJuveuile Probation agrees -to pay Service:Pyovider the
sum of $100.00 per day;: the cost includes any duration during a'24 hour period foreach child, The daflyrge shall
be paid to Service Provider. for each day a child is in d The cost is based onth & projected
tare for-clMdre.4 in, the facility.. projected actual cost of
4:01 Every child shall receive basic detention services. Additional services; that require or reqyesf special'
accommodations, medications, including,. but :not -limited to..,
.PsY6401991massessments, menthl
health c
medical treatment; 'Chapter 55 .evaluations (fitness to proceed),.
special- accommodation services, interpreters,
special dietary needs, will be paid for by the:Ddpartinent.
4.02 Psychologicalservicesmay be..provided to the child :on an as needed basis at, the iequest.of the.1q,?6 'Probation..
Depotment and shall. -be paid R)f by the Deppytinent If -any Brazos
:County staff is required, to testify in any
Procee4ipgs outside of Brazos County, 'the Department will reimburse Brazos County for any and all, travel,lodging, meals, or' other other ex related -tb te$*Mgin court Additionally, the Department shall pay Brazos
County $f60/-.dayf*o'r each day the staff is unable to :report to work in Brazos County. The agreement fq testify is
at the sole discretion of Brups CounW and upon 8razos:County6 ability to maintain adequate staffing.
4.03; Service Providiar will 'iubinit an invoice for payment of-servicesId—Juvepild Probation on a monthly basis.Said
invoice -ilwItId stibmittR4
within ten (10) worldng days following :the end of the invoiced mouth and' .ghall
incIude.informatibn deemed.-netesgary for adequate hscatcontrol"including. btit not limited to., W -be Attributed. -to
specific, clients if appropriait&, date service was rendered,.
total daily. cost, and total monthly cost, Each invoice
received -for- payment will be.. reviewed'by juvenile Probation in order to monitor Service: vi
. . ; Pfo der for financial,
compliance -with. 11-6 A- "eiii6nt.invoicessul�mittec'!"b
grIQy-Service Provider, in proper form.sball be paid. by Juvenile
Probation in a timely manner. Ifpayntelds are not receivedumely, acceptance of fouill Will Ye denied 1111filfill p1pywen't is
received.
VCA Pg- Up 3
Brazos County, JuVehilif Justice Center
'Dati��
to.n.s.ervices;AAreeffient
:July 1. 2020- Tune .'30,'2021
CK Service Frovider shall account separately for the receipt -and expenditure. of any and all state funds keceived.frpm
Juvenile Probation under this contract, Service Provider shall account separately foi state funds rece ;Ive d and
expended utilizing -the f6llowing Generally Accepted Accounting Practices.(GAAP)::
4.041 If Service Provider'bas an, outside .audit completed .ona yearly basis which specifies
receipt and expenditurp of State funds. Service Provider shall fdkwa rd a copy ofthe
an : nual.outside audit to Juvenifq.-Probation.'by March I following the end. of the fiscal
year.
4.042.. If Service Provider does not obtain an annual outside audit, then Service Provider shall
provi4e a.sppoatp accounting. offtwds. received fr9iftJuvenile Probation in,wholle or in
part paid from state funds. The accounting -shall -clearly list the state funds. received
from ,Juvenile Probation and account fck -expend Itures of said funds including
documentation of appropriateexpenditures as well as the yeafs fax forms and
documentation. The Atcouitting shall be pr.ovid* ed tdJuvettile Pz6bation-fld . rty (30) days
prior to the -renewal date -of the . contract
4.08 It is understood and agreed by Service Provider that 'this. Agreement is fandedin whole or in, part withgrant or
state funds and shall be silbjeLt-io'teripinakonwithout .penalty,: either in *holeor in part, if funds are not
available or are not appropriated by -the Texas' Legislature.
4,06 Service Px6v!der agrees, to. make. claims for paymenf'or direct any payment disputes: to-Juveril
.pe Probation's Fiscal
Officer. Service Provider will not contact other department employees Pesroprdin .ary claims of payment
4.07 Service Provider will provide certification t.) f eligibility to receive State' fuMds as. required by "Texas Fa idly - Code
Section 23.1.006.
4.08 Except to. theyextentthat a party -to. this. -Agreement -seeks emergency judicial relief, the parties -agree to negotiate
in good faith in an effort to resolve any disputes,.related to flits contract that May arise, nq;iftktter when the
dispute inay.arise.. If h displite cannot be.res-61vedby negotiation; the dispute shall be submitted to mediation
'before the. parties resort'to arbitration or litigation. The parties shall choose- a mutually. acceptable me . diatpr to
mediate the dispute, and the parties shall pay thio;cofts of mediation.services equally..
ADDITIONAL TERMS &AGREEMENTS
-5.01. Prior to transporting a child to the'Facility.for placeirtehOn.doteriti0n; Juvenile Probation shall call the Facility, to
ensure -the (;Md will -Nt"considered. for -acceptance. Placement of: childreh
by authorized officers. of Juveiffle
Probation may be denied as determined by the Facility:
5.02 -A child will only 'be accepted in the Facility upon iecOpi by the Facility. Administrator of Q
a proper
r
order/authorization from "Juvenile Cour
t of Limestone/Freestone County.
EXAMINATION OF PROGRAM & RECORDS
0,01 Service Provider agrees that it will :permit Juvenile Probatiori to examine and -evaluate its . progr - am. of services
and/ .to itsrecord
provided undef the tergis of this agreementor ,.. periodically.,program.
examination o
:and
valuation of the program- may include- site visitation, -observation of programs int operation, interview and the
administration of q4esfiO ioihe'stAffofService Provider an&ffiechildren when deemed necessary;
6.02 Service Provider shall provide to Juvenile Probation such -des ....6cri. . information . ormation •on contracted children •as
requested on foxinaproVided by.juvenfle Probation.
A
V �Odll_ Pg.
Arms County Javenile Justice Center
Deteption.sevi= A&ctncnt
July 1, 2020-4une 30 :2021
6.03 For purpose of evaluation; Inspection, auditing of .reproduction, Service Provider,
agrees to -z
available to authorized representatives of the Texas or . gree .waintain and make.
!nta Juvehile?r6bltion any..And,011 books, documents or
other evidence pertainingto the costs andLexpenses- of ft Agreemerit
-644 Sovit J?rovi I keep a recordof �ervlces provided to'Juvenile PT04UM'Under thisAgfeemet
Agreement; . e . i - and upon.
reasonable lio8c-e. will Worm services
pxo7ldq i.ifi� records, pApersi %repoits, and documents. regarding sL
furnished as may *be requested by J:uvl&ffle Probaifo . $Otvjce' F!tovidpi will maintain the records (as referenced
above) ,for ,sqv&'(7) years :after the: terminatim of this Agreement..
6.05 -Service..Vidvider undetstands
that kooptanciq.off
unds under. this contract ants as acceptance of the authority of
the State Auditor's Office, or any successor. agdn y ,fo conduct an Audit or i0otigitonincOnnti& with
those
,
JE400sService Provider further Agre tpeo cooperate fuRy with',the State Auditor's or- its successor ccessor in. the
-conduct.-d the audit or iiwestigdtiort, includinft. All cis. Service&prQvt_ g records tL ServiceProvider will ensure (hat
this clause concerning the autho,
fify to audit -funds received indirectly by subcontractors. throughthe Service
Provider any subcontract Itaw.
C. OF RECORDS
1.60 geryice ;Provider shall maintain strict c6h]fidentiality of all
irkrmadon And records relating to children involved
to .Juvenile lyrdbation, and shall riot. disclose: -the information except .as required to perform the -services to be
provided' pursuant to :this Agteemerit, br'as. maybe requirqd by U��
DUTY'TOREPORT
4-01 Allegations. Occurring inside the Facility.. As required byle'xas Faauly 3� 4o. qVte±'26!
0 and TRIO- 37 Uxis
Administrative Code Chapter -35
§,.oi successor provision, Service Providle;, and any of its employees, interns,
.Vohmteers or contractors, shall -report any Allegation or incident: of :abuse, neglect,exploitation,. death :or other
ii�xp 0040p,
seriousincident involving a child �a joverule.Iustiee faoility qr:jtiveiiile justice,
program in the fol[owing manner,
8:.011 For all allegations and incidents except -�qox4g abuse AnO OE4ou .physkic4abuse: wiI
thin twenty-four
(24)" hours goin the time the Allegation is made, to the.following-
Aw .�W.orcemen.t ag6riq ;a0d
Texas J 00 DN!pAzftdnt by submitting. a,T ..
-ffD Incident Report Form- to facsimile number "1-
.512-42'¢6716 ,(or,
.512-424-67,16,(or, it unable to compjdteihe form within 24 Joxffsr digin IYcalling toll-free 1-877-:7$6-
7 f0110*4 by'- submitting thei: report waithin--24 hours -4 said call). In addition,"Bi serious
incidents; a treatment' dischargeform or other -medical documenfatibri that contains evidence of
'me incident -to'66 reported lkint qbQ- be. submitted to- t
_piortinent. Incic he Texas juvenile justice
trepartment within 24 hours:of -receipt; -and
With respect to, juveniles _placed by, Juvdhlle„Probation, the TffD)* k Report )�d all
Wen, # n: shall also, lie
5erd to.Juveinile Probationwithin .hours aLt�fac�;h-�'q'iiuuibi!t(254)7Z9-2348axiii.ServiceProvider
.shall contact juver4le-Probatfon'by-telephone df'(254),729*-3569.WJffiin1;24 hours.
8'0I2.'F9r qUega0ans and incidents -bfsexual abuseor serious, physical abuse. --
1001 lawenfopc= later-thala. one. -a petson,
�nt agency m1unedlately, but no (1) hour from the time
gains khaw—Iedge of or sdspectsthpialleged. serious . use� or sexual Q _ phy t.Lb' abus'e. The.initi.dreport
shall be madbby phone to la"
w enforcement,
Texas Juvenile Justice Department shall be notified. immediately,'but na later than four '(4) hours,
from. the, timea: persorugAins knowledge of or -suspects the Iq&eA.,iset!ous phypika
labuse or sexual
gi_ . gs,e:.The iiuW4report shd.H'..bemade. "by phone'by -xa 'tolfree. *1-877-M&7263r 2_4 Within. hours
voi. 31 Le -Pg.
Brazos County-Juyeallelusitco QPoter
pefintion 8gvicPs Agreemopt
ly ji �2020-- June, J0, 202f
of - the repbft by phone, the completed TffD'Incident 9pp
ort Fom:shall be subinitted by facsniule
nurnlier 1n62-4424-6716 ox'byy email at abusene&jeg4!jd.texaA.&gv and
With respect -to ddldren placed by Juvenile—Probation, - the TffD Incident Repoxt Fotm shall also be
sent to.juverdle Probation`witiitn 24'hous at facsimile number ` (254):(254):229=2348:�.
Allegations Occurring Outside the F404ty..,Aqy!pei9on-(ih9 witnesses; IeArm f, receives &
Written.
bEatemm,Urom an alleged victim'or .other person with knowledge or who has a -reasonable belief as to; the
occurrence of alleged abuse; neglect exploitation, death or other ggijous -in I ------ nil
4dentihmWingaJuve.
nOV411090 to involve an employee, Intern volunteer, tontractor, or service
provider of.a,program or facility, shall
'belmitiiediately reported. to law other apt- goVe Otal unit 14 r0i" 1- d in. Texas
appropriate quire exa
FAmily COde chapter. .26.1,
As used Wifh thi . s Agreement
9.031 An allegation or incident ncludes the witnessing; learning,, or receiving an -oral or writien;statementfrom
a waft d victim or :other person'withreasoiiable belief or ktowledgo as to &e occurrence or an alleged
-a neglect, exploitation, death or -other serious incident -involving a juvenile in:a juvenile justice
facility or juvenile ji.aSticiaprogram
uve ejus.
8.032 A:sbrious incident is attelmptec.i.esjqape, attempted suicide, escape, reportable injury, youth -or -youth
ury
physical assault or youth sexual conduct.
8.033 Sexua(abuso 'is conduct committed by -any person against ajuvenJI6 that Whides.sexuaIdbuse by contact
of sexual abuse 'by non -contact
8:034 Serious,physical I abuse is bodily harm or condition that resulted dir,ecffy .or indirectly from the conduct
6d formed.the *. if" indirectly ". - .
.basis an of abuse., neglect or exploit4tiQnA the bodily harm or condition
requires medical treatment by a physician, -physician, assistant, Jkensdd nurse pracgtj . emergency
or dental.,
8.035 A juvenile justice facility rs.a f#cWty, 4(cltjoing.fts premises and am4tqd Sites, whether contiguous: or
detachea, operated wholly or partly'hy or under the authority of the governing board, juvenile. board or
.
by a private: vendor under a cidittradEw.-Ith the _governingi bo6d
J00Ail6 board Or gdyemm6ntaj unit that
.serves juveniles under juvenile-courtj diction. The term includek. a public or'priVateJuv&dle post=
adjudication Secure correctional.facility required 'to be.ceitified
in accordance with the Texas Family
Code; -and a public 6r -private
noA-securejuvenile postadjudication residential treatment'facility housing
juveniles tinder juvenile court, urisdic.tion.
8-.096 A Juvenile.Justice program is a program or dqpartaent opeta wkqlly:qr partly by the
g9veruntbPodf
juyetif le a ... q I-r.rIv4t,'ilio Vendor Uhapr contract with "
or .,.y a p .he.. governing or juvenile board that
serves juveniles under juvenile - court'Jurisdiction or juvenile board —Jqrisdic. on '- eft The form includes it
juvgnil 6 alto education pro&riaiml
justice and a ndn-res]46461 program that serves juvenile
offendins, while -under the jurisdiction,o.f the Juvenile court. of juvenile b.oard Juris_dict_ion and Ajuvenile
CIUMNAL HISTORY SEARCHES
Criminal: :history Service Provider for any and. all of its employees, I interns,
hipto searches Aall be conducted 'by _p oyees,
volunteers :0r; ccintraptoi xg providing services m A J'ay qjts justice fk6orjgju 66e program
diredt-urftpervi in the faAty.or,pro'gram,
al -h ry-searches shall include 0 thefollowing.
..
Vol. I LO P9.
Brazes County-Jqyqeo ipgtice Center
Ddtendon-'S ' ervicesAg=nient
- JOY 1..20;0- JUP6:JG':Zp1
5."021 Texas criminal :history fingerprint based criminal' history -background search through -the, Texas
Department of PublicSafet.y I
.9.022'Locallaw enforcement -sex offender te&tr-ation.tOc-oidscheck t.brqixgh.the Public Sex Offenildr
Registry' oh the Texas Department of Public Safety website..
9,023 'Federal BdrMii. of Investigation, fingerprint -based -criminal history, conduct
search at -ffie
National Crime Information Center; interhet-b"ed searches shall not be `used tondtictthisibackgibuhd
m-OCIL
9*. -0.3 A opy of the. initial eriniirtaI history report required by -" Agreement -and any reports xeflectin& -subsequent
criminal activity shall be, maintained for 'moni'toring purpot.es, for whichever .of the following occiifs later..
-diaration of the individual's employment or period a service; minimum of three .(3) years; or uniil any pending
litigatloh,clahn, audkorreview and in questions arising therefrom -have be6hib6div'"
ed -
.9 -04 As used witliui this Agreement, a. -disqualifying Criminal history is- a history that litcludei-Ja-4y one of the'
following::
9.041 A felony conviction against the laws
of this state, another state, or the United States within the past
ten.(10) years;
9.042 A -deferred adjudication for A felony against the'lAws of this state,.. �Mto' Or Oie. t1lij
within the- past. t0in.(10)years;
ted States
9.043 A current 'felony deferred
adjudication, probation or parole;
9;044.A Jailable misdomeangroonviction against the laws of this state, another.state, or the United States.
within thepastfive (5) years;
9.015 A. deierred adjudication for ajailable misdemeanor against thelaws of ffifi state, another state, of the
United -States within the -pag.t-ffve (5) years;
9.-046 A-current'jailable misdemeanor deferred 'adjucticatign,.p.Tijbatign.9t.parole; .6r
9.047 The requirement to register as:a sex offender, under Chapter 02 of the Texas Code Of Or— "al
-9-05 In additloft to the criteria and time frames set forth in fire b
e0ov64efinitionddisqualifying criminathistory, an
individual must not have direct -unsupervised access to -children in a1acility or, progthinAffitil At least. one yga"'T' has.
-ehipsed5iqco the cQJnp1qtiion Of'anype.riod of incarceration, c ommunitysupervisiort, or parole..
9.06 Any of, Service Prov�d employees, interns, volunteo$ or contractors with a- dflsquatj�4p - criminal history shall
elp uns
from h Provider's
-to ora. juvenile.jfis ce
prohlb _ a
be i ted recyt upervised access children -in a juvenile justice-facilityti
program,
9-07 juvenile PX6bafion reserves'. the right in its sok discretion, to prohibit any individual with -a prior criminal history
from. being
- - f. _ . - '** .. � � . Al.
being, placed in:a position that involves direct unsupervised contact with. children.
vol. pg. i Lor7
Brazos Cbhhly 34yelifleJustice igeikr
Detenflan SeWices Agr6edent
CLOSMM 017 INFOkMATION Ji'dyl, 2020—June-30,10.111
pIS10.01 Service 'Provider 'Warrant§ that, pripx-' to entering this contract; it has verified. and disclosed 'the fb4owing
information to juvenile :Probation, and agrees that it shall have an ongoing afive duty uia&i .this
Agd6meiitto,pxobtptly.--;is,certain and disclose in sufficient detail this same information to.Juv.enile Probation:
10.011 Any and all,corfective.artioArequired by.any of Service Provider's licensing authorities;
An 4gams
Any and all litigation -filed - f Service Provider, or against its'ep
sub0ntrAqtd4,
4gerjtsopd/oi:consultants tliathAtedh*ct contact.with.cIdIdren;
10.012 Aftyafrestof any employee,,internvolunteeris.utcontractor,.:agentandtorconsultank*bf.Service-Provider
thathas direct contact with children;(
10.013. Any.finding. of "Reason to Believe" -by -a state ie&4tory agency in a -child abuse, neglect ex and ploitiktidn
investigation where an employee, Intern, voluntepri. subcontractor, agent and/or consultant of the Service
Provider that has direct confactwith
i -children was the aUpged or dqsignktedM to
per.pe a. .!r;
10.014 The ideritity:of any qf'the Service ProvIder`4 -emplP esmtq voluntedis, subcontraz firs, 'agents, of
consWtants that.hkQe dirk.t contact,wi'th. children thatz'"re registered sex pffevders; and
1Q.0 i identity of arty -of -Service Provider The My` and/or
Id . enqployees, interns, volunteers, -subcontractors, agents
consultants that have direct contact with children that bqjyje ia, qogiW History' For the POVosd: -6f this
Agreement, the teiiii "cfid" hikOrY" shall include: felony or. misdemeazorproba o or p oI (2)
1 . �(1) current ar L
afielonyxonviction or deferred adjudication within. thepast ten
y or (3) a ja0abiq A&dem!ENjAO conviction or
def6ired AdjudipatioAAOft-the past five years.
1OX Service Provider qg4ep and undetsiaritis it has an itf at!V&
oiWongoing, duty to ascertain and 'disclose to.
Juvenile Probation any and all :of the-foregoirtgInformation aslfjoany individual, Whether -- - 'diplOyee,
intern, tioluwnteer, subcontractor, an. existing e.:
agent mid/or .*c*o±OuI offf(0SerVidePf6%;i4Ier, to placing that individual
Writ .. prior
in a position. that involves.direct unsupervised contact with juveniles, in a juvenile jusfic6Iddlity- or juvenile
justice p>rogcam:
EQUAL OPPORTUNUY
11.0a ',So it ee.Prgvideragre 1 0 . CO re d
spect and protect Re civil andlegalrights of all children and their parents.1twiff no'
tailawfullyee, prospective - A , child
discriminate against employ employee,
child, careprovider, or parent on the basis
ofrace,, ais"�
Y_' id OrigIn,,9erQ!c6FfoviderAaH abide �y all Ap
sex, religion, plicatzlefederalt state and.,. -
local Iaws and regulations.
ASSIGNMENT &.-SUBCONT RACr
.Service. Rrovidermay not assi --subcontract any of rights, iind/or-�obligatibnr..arisin.,oiftofffiis
assign or es 9
Ageoinebtwithout thewtittenconsent .qf..Juvenile .Probation,
L
:OMCLALS NOTTO BENEFIT
13.06 No. officer, -emii►ployee of agent.of'JuVenfle Probation and =-member of ifs
ts gov0#iqgbody AW 'nother public
o dth . k
M . C:
offldOls of the jOvqthffigIj64 of the locality or localities in. whi6h'ifie.project. -is. situated or being carried who
exercise any1unctions or responsibilities in the project, shall participate in any decision relating to this Agreement
which:affe6ts or cimffias with
his/her .pe.is03-ia,l'interest or have any personal.,or pecuniary* intekest, direct or
ih-Iiirect,'inihisAgreement ott**he.lprocdbdsthereof
Vol. 3 1 Lf. pg.
Brazos County Juvenile Jus.c.i Ce.ifter
.DeWndofi Seivic6s Agreement
MY 1, 2020-ime.30, 2621
DEFAULT
,14.00 juvenile Probation may, by written notice: of d0gult to Service.Providm terminate the wholet
or artypar of this
Agreo,merkt as.it deems -appriopriate,%in any one of following circumstances:
14-001 IfSemice Piovider fails to perform the work called for by this!Agreement within thetimespecified
herein or any extension ffiereof;�or
14.012 If Service Provider fails to. pg!rfpX.m any of the other material provisions .of this Agreement,
including failUX616 achieve the defined goals, outcomesand outputs, Or'so faffs toprosecute -the work as
to endanger the: performance of this Agreement In. acc . ancLi'wl'th its testsand'in elthef.of-tildse two
ord
circumstances after receiving notice of default, -Service Provider does
not cure such failure wiff-dn a
period of ten (10) days.
TERMINATION
15:01 This A may be terminated for reason.-,
gkedment , e any
16.011 $y either party upon ten#D) days written noticelto the other party of the intention to terminate;
or
15.012 Upon expenditure of available funds.
15-'01 If at any time 2during 'the term of this agreement juvenile Probation, in its sole discretion, determines -ffiat the
safetyofchildren be'mgerve
s , 6 d under this Agnouk -maybd in jeopardy; juvenile Probation may immediately
.suspend,the effect of :this Agreement, including but not limited to the obligation to: pay, upon giving notice to the
ServiceTrovider.
WAIM OF SUBROGATION
1.6.00 Service, Provider :expressly warves; any and all rights it, may havie of subrogation orrights,of
to,iMycilalm or' rights . 1W
s
employee's; agents, Owners,- officers,,;dr subcontractors against juvenile Probation. Service.Provider alsovaives
anyrights it may have to.,indemnification from juvenile Probation.
REPRESENTATIONS WARRANTIES
17.01 Service Provider hereby represents and. warrants -the following.
.170.011 That it has all necessary -right, title, license -and authority -Went er into this AgrpemeRt,
17.012 That itis qualiflied, to do business in the S . tate. of Texas; that it hold all necessary licenses
certifications. toprovide 'the type (s)-oftervicesbe'14''g ciohtracted
f6i; thatIt 19 in compliance whit all
statutory, and regulatory reqturemerits , for -the operations, of Its business and that there are no taxes due and
,owing to the State,of Texas, the C untv.(jf Brazos Zos,dr any PoliH01 subdivision thereof;
17.019 Brazos C6unty'*Mzmairit��iiLforc�.-Poliqi'.Os-4f:gengtaillaDMt
-($100,000,00) ofpfqpi�- 6(ca§i6ndd by a�& ($100,0` y- insurance 4gaffist loss 'to any person.
($100;000:00) of Service. Provider providing limits of
$300,6.00.00 -Per occu'rrente4ar`d$iQ0,000.0opq occurrence y injury an r otc&j of prqpbfty damage. Ceftm -Of
LiabiXtY Insurance shall bP furiiished:atb. juvenile Probation. Purthermore Probition, shall be notified
-immediately upon any changes in the "status . .insurance poAcafta: jW promptly farm,�
of the: y furnish updated
M insurance to Probation.
sur. Juvenile - 4tion.
Vol. pg.
Brazos County Juvenile Justice Cpitpr
:
Detention'Seniices Agreeinerft
'17.0.14 Th July 1,202b- June 16, 2011
.at all of its employees, 'Interns, Volunteers, subcontractors, agents -and/or consultants will be properly
trained to. report allegations or incidents of abuse, expIoitafto 4 incidents involving -a
n, negloqf, death -or: serious ind6
c1iild under the tiiperlislion of Juvenile; Probation in '
accordance with the requirements of Texas. Family Code
Chapter 261 and anyapplicable7exasJuvenile Justice-Dep-aftingniadministrative as regarding *Ims n6
expj6ltdtion; death or',se'fibUs Incidents and that, if it -has employee
s, interns, volunt0i&8, subcontractors, agents
i -
and/or cotisWtantgthat .havecbntaet-With 041*64majqyqrij...ejus*04cwty dt-3749ekdd justice program, then itshall
p6A.ih all public and staff -areas of any and it i6f:its offices/facilities,'b6ffi-the English and
Spanishlanguage versions -of the following official -notice forms thdtare available. on the Texas juvenile Probation
OPhuhissloh"website: Notice to Public ge'
ganling Almse,'Neglect and Exploitation and. Notice- to tniployees Regarding
Abuse,.Negled and Erploitation.
.TEXAS LAW TO APPLY
1000' This Agreement shall be -construed under and in accordance with the laws of the State of Texas, and all
-obligations -of the parties created hereunderare performable in Brazos. Cdurkt3ri Tek4s.
19.00 EzcIuSivenue
. -for.a- I
vevenue ny litigation arising from this Agreement, shall be in Brazos County, Texas.
L9GALCON5MUCITON
.20.60- in case -Any brie of mare of the provisions contained I in this Agreement shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such. invalidity,, illegality, 6tunegforpeable provision -shall not affectariy
other provision thereof Ahd this Agredment shall b6tonstrue as if such invalid, d, illegal :or. unenforceable
provision had never been contained therein.
PRIOR AGREEMENT3SUPERSEDED
4-00 This Agreement 'constibites the sole and. only Agreement of the parties hereto and supersedes any prior
understandings -or written or oral Agreement between theesp
Patti .respecting th tin' � e Within. &dlject matter.
This 'Contract and.Agreement is executed with the &clated ihteA . 00h 'of the -P*fids that this Contract and
Agreement is. a- contract providing for the care of children -who have aIlegedly.committed an -act of delinquency or
an act indicating a need fonsupervision, and paymopt.for, such. care -will be Made -y juvqoffePr9baj:ioA fol the -
e
00&Ori.plk(Oainthe Faa.ty.bythejud'goflihnestoTie/FreestoneCounty-havingjuvenile jurisdiction.
PRISON RAPE ELIMINATION ACT
22:60 ;Service Provider shall -adopt and comply with all federal, state, county, and city -laws,. ordinajqcjes,-regulatiqrfs and
standards app&kbJ6 to the provisj'-
on of services' described herein and the performance :of all. obligations
undertaken pursuant -to this. Contract, including the Prison 'Rape Elimination Act of 2003�-RF
ewstAblisheva zerp-tolerance standard. against sexual, abute -and. (P -A) *hich!
sexual harassment of incarcerated persons,
.including juveniles,. and addresses- the- -detection, elimination, prevention, -andreporting of sexual abuse and
sexual harassment in facilities housing adult:and juvenile Offenders; [PREA!9115.312(a)]
Under PREA, Service .P qI! IS P_p 71119 with P -.ds 'A §1 and shall
�rovld m 'I ' wi I, XEA stand4r; - E ,
W.R .5;8i2(b . . mAkO available
to the CJPQ all incident -based aggregated data. reports of sexual abuse at Is facility within 24 -hours of the
alIegatioti,, and all such data may be requested by the Department of.justice from the prevotis calendar year -no-
,Iater:than june:-500i [1?jkj3A §115:387(e) and (0]
IQ
Vol. pg.
LO
limebt0ne/Freestone County
Probation Depaftmt
Chief Juvenile Probation Officer
Authored QffiCiai
Srgw CountYluvedRe JusticeCenter
beletitiorr $eMco AgM==
MY 112ft-JU400,4021
Brazos County Juvenile Justice Center
Linda Ricketson
Executive Difertor
1;
BRAZOS COUNTY COMMISSIONERS COURT
QN* .26 FULLY EXECU'T'ED lN DUPLICATE, -EACH OF
WMQLaALL H-A��- FUTL. FORCE AND EFFECT OFAN ORIGINAL
By: kN— Aq
DiIane Pdters, County Judge
Juvenile Board Chair
Toxas.Ave„ Sto. 3-32
Bryan, TX 77803
Phone. 97.9-36-1-41-0,21
Fax: 979-:301-4503
Pg.
-F
MEMORANDUM OF UNDERSTANDING
FOR DRIVER RECORDS UNDER TEX. TRANSP. CODE CHAPTERS 521 AND 730
This Memorandum of Understanding (MOU) is entered into between the Department of Public Safety of the
State of Texas (DPS) and County of Brazos, Texas (Governmental Entity)
collectively referred to as the Parties under the authority of Tex. Transp. Code Chapters 521 and 730. DPS will
deliver Driver Records in an electronic format to Governmental Entity, subject to the following terms and
conditions.
BACKGROUND
A. Texas Law
Texas law authorizes DPS to: (1) provide Driver Records individually and in bulk for specified
permissible purposes; and (2) establish an Interactive System to provide the release of Driver Records.
Texas law requires each prospective Governmental Entity to execute a written agreement containing
safeguards DPS considers necessary or reasonable to ensure that Driver Records obtained are used
only for permissible purposes and that the rights of individuals and DPS are protected before the
Governmental Entity receives any Driver Records.
B. State and federal law
State and federal law, including the federal Driver's Privacy Protection Act of 1994 (18 U.S.C. § 2721 et
seq.) and the Texas Motor Vehicle Records Disclosure Act (Tex. Transp. Code § 730) extend privacy
protections to Personal Information maintained in the files of state motor vehicle agencies such as
DPS.
C. Interactive System for Driver Records
The Interactive System for Driver Records, by which DPS supplies Driver Records in an electronic
format including real-time and batch web -based applications, is operated and controlled by a State of
Texas vendor. The State of Texas vendor is the duly authorized service agent of DPS responsible for
processing electronically submitted Driver Records requests and delivering Driver Records in a secure,
electronic format utilizing the Interactive System. The State of Texas vendor is obligated to specific
performance level requirements. As such, the State of Texas vendor has the authority to suspend any
Governmental Entity account or access to the Interactive System when such access compromises the
operation of the Interactive System. Suspension of such account or access will continue until the
compromising condition is resolved to the satisfaction of DPS.
II. DEFINITIONS
Q Driver Records means a record that pertains to a motor vehicle operator or driver license or permit, or
identification document issued by DPS for all license holders in Texas as described in Tex. Transp. Code §
521.050.
B Personal Information means information that identifies an individual, including but not limited to an
individual's date of birth, driver license number or identification card number, name, and address.
III. CERTIFICATION OF PERMISSIBLE USE(S)
Governmental Entity MOU Page 1 of 8 OGC approved 7/14/18
Vol.
a, U_ p9, �7a.
,f
By signing this MOU, the Governmental Entity, certifies compliance with all provisions of the federal Driver's
Privacy Protection Act of 1994, the Texas Motor Vehicle Records Disclosure Act, and with all other state and
federal laws applicable to this MOU. The Governmental Entity certifies that its use of Driver Records obtained
under this MOU is for the following permissible purpose(s) only and for no others.
Check all that apply:
1. For use in connection with any matter of:
(a) motor vehicle or motor vehicle operator safety;
(b) motor vehicle theft;
(c) motor vehicle emissions;
(d) motor vehicle product alterations, recalls, or advisories;
(e) performance monitoring of motor vehicles or motor vehicle dealers by a motor vehicle
manufacturer;
(f) removal of non -owner records from the original owner records of a motor vehicle manufacturer to
carry out the purposes of: the Automobile Information Disclosure Act, 15 U.S.C. Section 1231 et seg.;
49 U.S.C. §§ 301, 305, 323, 325, 327, 329, and 331; the Anti Car Theft Act of 1992, 18 U.S.C. §§ 553,
981, 982, 2119, 2312, 2313, and 2322; 19 U.S.C. §§ 1646b and 1646c; and 42 U.S.C. § 3750a etseq., all
as amended; the Clean Air Act, 42 U.S.C. § 7401 et seq., as amended; and any other statute or
regulation enacted or adopted under or in relation to a law included in this subsection;
(g) child support enforcement under Tex. Family Code § 231; or
(h) enforcement by the Texas Workforce Commission under Title 4, Labor Code.
F12. For use by a government agency, including any court or law enforcement agency, in carrying out its
functions or a private person or entity acting on behalf of a government agency in carrying out the
functions of the agency.
F13. For use in connection with a matter of:
(a) motor vehicle or motor vehicle operator safety;
(b) motor vehicle theft;
(c) motor vehicle product alterations, recalls, or advisories;
(d) performance monitoring of motor vehicles, motor vehicle parts, or motor vehicle dealers;
(e) motor vehicle market research activities, including survey research; or
(f) removal of non -owner records from the original owner records of motor vehicle manufacturers.
F14. For use in the normal course of business by a legitimate business or an authorized agent of the
business, but only to verify the accuracy of Personal Information submitted by the individual to the
business or the authorized agent of the business; and, if the information is not correct, to obtain
the correct information for the sole purpose of preventing fraud by pursuing a legal remedy against
or recovering on a debt or security interest against the individual.
S. For use in conjunction with a civil, criminal, administrative, or arbitral -proceeding in any court or
government agency or before any self-regulatory body, including service of process, investigation in
anticipation of litigation, execution or enforcement of a judgment or order, or under an order of
any court.
Governmental Entity MOU Page 2 of 8 OGC approved 7/14/18
Pg.
6. For use in research or in producing statistical reports, but only if the Personal Information is not
published, re -disclosed, or used to contact any individual.
7. For use by an insurer or insurance support organization, or by a self-insured entity, or an authorized
agency of the entity in connection with claims investigation activities, antifraud activities, rating, or
underwriting.
8. For use in providing notice to an owner of a towed or impounded vehicle.
9. For use by a licensed private investigator agency or licensed security service for a purpose
permitted as stated in this MOU.
17 10. For use by an employer or an authorized agent or insurer of the employer to obtain or verify
information relating to a holder of a commercial driver's license that is required under 49 U.S.C. § 313.
11. For use in connection with the operation of a private toll transportation facility.
12. For use by a consumer reporting agency, as defined by the Fair Credit Reporting Act (15 U.S.C. §
1681 et seg.), for a purpose permitted under that Act.
F113. For use in the prevention, detection, or protection against personal identity theft or other acts of
fraud. Prior to release of Personal Information, DPS may require additional information.
14. For any other purpose specifically authorized by law that relates to the operation of a motor
vehicle or to public safety. Provide the statutory authority:
Governmental Entity must restrict access to, use of, and disclosure of Driver Records, including Personal
Information, to designated personnel solely for the purposes as identified in this MOU. Access to and use of
Driver Records by the Government Entity's personnel that are not authorized is strictly prohibited. Any access,
use, or disclosure not required for the purposes of this MOU or for any unofficial purpose is strictly prohibited.
Violation of the federal Driver's Privacy Protection Act or the Texas Motor Vehicle Records Disclosure Act may
result in civil and criminal penalties.
IV. RESPONSIBILITIES OF GOVERNMENTAL ENTITY
A. Resell or Re -disclosure
Governmental Entity will not resell or re -disclose Personal Information obtained under this MOU to
third parties in the identical or a substantially identical format. Governmental Entity may resell or re -
disclose Personal Information only for a use authorized by Tex. Transp. Code,-§ 730.007, and in
compliance with the sections of this MOU entitled "Record Creation and Retention" and "Provide
Copies of Records and Notification of Release." Personal Information under the Driver's Privacy
Protection Act and the Texas Motor Vehicle Records Disclosure Act is excepted from disclosure under
the Texas Public Information Act.
B. Record Creation and Retention
If Governmental Entity legally resells or re -discloses Personal Information obtained from Driver
Records under this MOU, Governmental Entity must create a record identifying each person or entity
that obtained Personal Information from Governmental Entity and the legally permissible purpose for
which Driver Records were obtained. Governmental Entity must ensure that any third party to whom it
releases any Driver Records will comply with all federal and state laws on the release of the
information and all terms, conditions, and obligations of this MOU. Governmental Entity must retain
such records for a period of not less than seven years following transfer of Driver Records to the third
party of the following: the name of any person or entity to whom the release was made; the date the
Governmental Entity MOU Page 3 of 8 OGC approved 7/14/18
Vol. Pg. 17
release was made; the permitted use for which Driver Records were released; the written agreement
with the third party; and contact information for the person or entity Driver Records were released to.
C. Unauthorized Disclosure
Governmental Entity will immediately, but no later than two calendar days, notify DPS of any
inadvertent or unauthorized release, disclosure, breach, or compromise of Driver Records obtained
under this MOU as soon as Governmental Entity knows or should have known of such unauthorized or
inadvertent release, disclosure, breach, or compromise of security. This obligation applies whether the
action or omission was by Governmental Entity, its employees or agents, or by any person or entity
that acquired Driver Records from Governmental Entity, either directly or indirectly. Governmental
Entity must notify DPS of any breach of system security as required by Tex. Bus. & Comm. Code §
521.053(c), and will cooperate fully with DPS in any investigation required by this statute.
D. Consumer Protection
Driver Records furnished under this MOU will not be used by Governmental Entity to engage in any
method, act, or practice that is unfair or deceptive, nor will Driver Records be used for marketing,
solicitations, or surveys not authorized by law.
E. Direct Access to Driver Records
No member of -the public or any person outside the direct employ or control of Governmental Entity
will be permitted direct access to Driver Records through Governmental Entity under this MOU for any
reason other than Governmental Entity's intended and legitimate use of Driver Records.
F. Provide Copies of Records and Notification of Release
If Governmental Entity re -discloses any Driver Records obtained under this MOU to a third party,
Governmental Entity must provide access to or copies of those records required in the section of this
MOU entitled "Record Creation and Retention" to DPS immediately upon DPS's request. DPS retains
the right to require the records in any applicable format, including electronic or paper. Governmental
Entity will bear the expense of providing this information to DPS, including any postage or shipping
charges.
G. Assignability
Governmental Entity will not assign, license, or transfer any of its rights, duties, and obligations under
this MOU without the prior written consent of DPS. An attempted assignment in violation of this
section is null and void. Any approved assignment will not relieve the assignor of any liability or
obligation under this MOU.
V. TERM of MOU
The effective date of this MOU will begin on the execution date and will continue in effect until four years
from the execution date.
VI. CONSIDERATION
Under Tex. Transp. Code § 521.049, DPS will not charge a fee for Driver Records disclosed to a law
enforcement or other governmental agency for an official purpose, unless the government agency requests
Driver Records sold in bulk for research purposes. If Governmental Entity wishes to obtain Driver Records for
research, it must first enter into a separate contract with DPS to purchase Driver Records for a fee.
VII. TERMS AND CONDITIONS
Governmental Entity MOU Page 4 of 8 OGC approved 7/14/18
pg. l��
A. Termination
1. For Convenience: either Party may terminate this MOU for convenience at any time for any reason
by giving the other Party 30 calendar days' written notice. If a Party elects to terminate this MOU
for convenience, all unfilled obligations will remain in full force. In no event will termination for
convenience by DPS give rise to any liability whatsoever on the part of DPS.
2. For Cause: DPS may immediately terminate this MOU for cause for any violation of the terms of
this MOU or for any violation of any state or federal law or regulation relating to the subject matter
of this MOU. DPS will provide Governmental Entity with written notice to terminate this MOU,
which termination will become effective immediately upon Governmental Entity's receipt of the
notice. If this MOU is terminated for cause, DPS may refuse to provide Driver Records to
Governmental Entity in any format.
3. Mutual Termination: this MOU may further be terminated by mutual agreement and consent, in
writing, by both Parties.
B. Amendments
DPS may amend the terms and conditions of this MOU from time to time in order to accommodate
changes in the records or information furnished under this MOU and for other reasons deemed
appropriate by DPS. No modification or amendment to this MOU will become valid unless in writing
and signed by both Parties. All correspondence regarding modifications or amendments to this MOU
will be forwarded to DPS for prior review and written approval. Only an authorized representative or
an authorized designee will be authorized to sign changes or amendments.
C. Notice
Any notice required or permitted under this MOU must be directed to the Parties at the addresses
shown below. The following contact person is designated by Governmental Entity to receive all notices
regarding this MOU.
DPS
License and Record
Service / Online
Services
P.O. Box 4087
Austin, TX 78773-
0360
PH: 512-424-5967
FAX: 512-424-7456
e-commerce@dps.texas.gov
Contact Name and
Address
PH: (979) 361-4246
E-mail
Title
Leslie Contreras-
200 S. Texas Ave STE. 264
FAX: (979) 361-4680
lcontreras@brazoscountvtx
Bryan, TX 77803
-'
Risk Manager
Alternate Point of
Address
PH: (979) 361-4117
E-mail
Contact Name and
200 S. Texas Ave Ste. 206
FAX: (979) 823-6993
jsalazar@brazoscountytx.Ii
Title
Bryan, Texas 77803
Jennifer Salazar
Human Resource Director
Notices to the Parties at the addresses shown above will be.deemed received: (i) -when .delivered in
hand and a receipt granted; (ii) three calendar days after it is deposited in the United States mail by
certified mail, return receipt requested; or (iii) when received if sent by confirmed facsimile or
confirmed email. Either of the Parties may change its address or designated individual(s) to receive
notices by giving the other Party written notice as provided above, specifying the new address and/or
Governmental Entity MOU Page 5 of 8 OGC approved 7/14/18
Vol. Pg.710
'L^
individual and the date upon which it will become effective.
D. Compliance with Law
The Parties will comply with all local, state, and federal laws and regulations applicable to the subject
matter of this MOU, including but not limited to, the federal Driver's Privacy Protection Act of 1994 and
the Texas Motor Vehicle Records Disclosure Act.
E. Survival
Any provisions of this MOU that impose continuing obligations on the Parties, including the following,
will survive the expiration or termination of this MOU for any reason: confidentiality and security
obligations; notice regarding any unauthorized disclosure or breach; resell or re -disclosure obligations;
audit obligations; and any other provision that imposes a continuing obligation on Governmental
Entity.
F. Change of Status
This MOU will automatically terminate if Governmental Entity ceases to exist, substantially changes the
nature of its governing business, or if it ceases to qualify for Driver Records under the permissible
use(s) certified in the section of this MOU entitled "Certification of Permissible Uses(s)." Governmental
Entity must immediately notify DPS in writing of any such change in status.
G. No Liability for Employees and Officers
Each Party to this MOU will have no liability whatsoever for the actions or omissions of an individual
employed or contracted by the other Party, regardless of where the individual's action or omissions
occurred. Each Party is solely responsible for the actions or omissions of its employees and agents;
however, such responsibility is only to the extent required by Texas law. Where injury or property
damage results from the joint or concurring acts or omissions of the Parties; liability, if any, will be
shared by each Party in accordance with the applicable laws of the State of Texas, and subject to all
defense, including governmental immunity. These provisions are solely for the benefit of the Parties to
this MOU and not for the benefit of any person or entity not a Party to this MIOU; nor will any
provision of this MOU be deemed a waiver of any defenses available by law.
H. Incorporation of Other Documents
This MOU, including "Attachment A, Governmental Entity Information Form," constitutes the entire
agreement between the Parties with regard to the matters made the subject of this MOU. There are no
verbal representations, inducements, agreements, understandings, representations, warranties, or
restrictions between the Parties other than those specifically set forth within this MOU. .
Acknowledgements and Disclaimer
Governmental Entity acknowledges that DPS is furnishing Driver Records on an "as is" basis and DPS
makes no representation or warranty as to the accuracy of any Driver Records furnished. DPS expressly
disclaims responsibility for any failure to deliver Driver Records in a timely manner, or at all, in the
event of staff shortages, failures of appropriations, breakdown of equipment, compliance with new or
amended laws, acts of authority exercised by a public official, acts of God, or other circumstances
which may delay or preclude furnishing Driver Records in a timely fashion. If Driver Records are not
furnished, DPS has no further responsibility or liability to Governmental Entity with respect to
undelivered Driver Records and has no liability. or responsibility whatsoever for delayed Driver Records.
Governmental Entity MOU Page 6 of 8 OGC approved 7/14/18
Vol. ILP Pg, _17-7
a
Vlll. TYPE OF DRIVER RECORDS TO BE RELEASED:
Contractor Driver Records
IX. SIGNATURE AUTHORITY AND EXECUTION
The undersigned signatories have full authority to enter into this Contract on behalf of the respective Parties.
DEPARTMENT OF PUBLIC SAFETY:
Authorized Signatory
Linda Boline, SR. Manager
Name and Title
Date
GOVERNMENTAL ENTITY:
Authorized Signatory
Duane Peters, County Judge
Name and Title
[R /23 /20
Date
Governmental Entity MOU Page 7 of 8 OGC approved 7/14/18
Fl. l Lo Pg, 7 6
ATTACHMENT A
GOVERNMENTAL ENTITY INFORMATION FORM
Nature of the Governmental Entity's Activities:
Brazos County, a local government entity and political subdivision of the State of Texas activities include but are not limited
to: road and bridge maintenance, law enforcement, vehicle fleet maintenance, court systems and other county government
activities.
List all Social Media accounts used or possessed by Governmental Entity:
Official Brazos County Twitter, Facebook and YouTube include the following separate accounts: Brazos County Sheriff s Office
Road and Bridge, Community Emergency Operation Center and Emergency Management, Exposition Complex, Brazos Valley
Fair and Rodeo, District Attorney, Health District 9-1-1 District, Brazos Cop
Intended use of Driver Records obtained from DPS (Describe -how the exemption qualifies for obtaining
Driver Records):
Brazos County is a Political Subdividion in the State of Texas that employs individuals with Commercial Drivers Licenses to
operate vehicles in the construction and repair of county roads. Since we employ people who are required to have Commercjd
Drivers Licenses we are required to comply with the US Transportation Ccd
If Governmental Entity intends to release Driver Records obtained from DPS, explain what safeguards and
assurances are in place to meet the requirements of this MOU:
N/A
If Governmental Entity does not intend to release Driver Records to another entity, check this box W.
Governmental Entity MOU Page 8 of 8 OGC approved 7/14/18
Vol 1 l.Q _pV . 1 4
9 _�
6/18/2020
DEPARTMENT
DATE OF COURT MEETING:
ITEM:
TO:
DATE:
FISCAL IMPACT:
BUDGETED:
DOLLAR AMOUNT:
ATTACHMENTS:
File Name
EEO Plan.pdf
Item Coversheet
BRAZOS COUNTY
BRYAN,TEXAS
NUMBER:
6/23/2020
Approval of the Brazos County Equal Employment Opportunity (EEO) Plan.
Commissioners Court
06/17/2020
False
False
$0.00
Description Type
EEO Plan Backup Material
APPROVED
Duane Peters Date .
County Judge
Vol. 1 L Px-1,90
hftps:/ibrazos.novusagenda.com/agendaweb/CoverSheet.aspx?ItemID=20611 &MeetinglD=1591
0
1/1
Brazos County
Equal Employment Opportunity (-EEO) Plan
Section 1 - Purpose
Brazos County (the County) is committed to providing equal employment opportunities to all applicants and
employees. Accordingly, the County judges applicants and employees on individual merit and qualifications,
without regard to race, color, religion, sex, national origin, age, pregnancy, disability, genetic information,
sexual orientation, gender identity or any other protected classes. The only exceptions are based on bona
fide occupational qualifications.
The purpose of this Plan is to identify the County's commitment and delineate certain practices that will
confirm that commitment and to comply with requirements such as Title VI of the Civil Rights Act of 1964,
Title VII of the Civil Rights Act of 1964, Title 28 C.F.R. subpart E, 4 42.301 et. seq. (for law enforcement grants)
and Title 41 C.F.R. 4 60-2.24 (for HUD grant recipients).
This Plan applies to every employee of the County unless an elected or appointed official promulgates a
different written policy on the subject applicable only to the official's employees.
Section 2 - Prohibitions
Employees must not, in their official capacity, discriminate in employment practices against any person
because of the person's race, color, religion, sex, national .origin, age, pregnancy, disability, genetic
information, sexual orientation, gender identity or any other protected classes. "Employment practices" as
used in this Plan means all terms and conditions of employment, including, but not limited to, recruiting,
advertising, screening, classification, selection, appointment, hiring, assignment, transfer, promotion,
demotion, discipline, layoff, termination, leave practices, rates of pay, fringe benefits, or other forms of pay
or credit for services rendered, and access to and use of county facilities.
Any intentional or unintentional conduct of discrimination that is based on race, color, religion, sex, national
origin, age, pregnancy, disability, genetic information, sexual orientation, gender identity or any other
protected classes will not be tolerated and will result in disciplinary action up -to and including termination.
Retaliation against persons alleging discrimination and persons involved in the act or investigation process
is also prohibited. Except as required by law, all employment is "at -will" and employees have no job tenure
in County employment; accordingly, the County may terminate them at anytime.
Brazos County Equal Employment Opportunity (EEO)
�ol . Pte,. R� L
L Or >
3
O� ,O
pts Dr va`
Brazos County
Equal Employment Opportunity (EEO) Plan
Section 3 - Evaluation by the Human Resources Department
The Human Resources Department evaluates employment opportunities under this Plan and in so doing:
1. Identifies and analyzes any problem areas inherent in the utilization or participation of all qualified
persons in employment phases (recruitment, selection, and promotion), since identification and
analysis are necessary prerequisites to the successful development and implementation of this Plan.
2. Analyzes and identifies problem areas separately for recruitment, selection, and promotion of
minorities and women.
3. Analyzes present representation of minority persons, including women, in the eight job categories
identified bythe Equal Employment Opportunity Commission utilizing the EEO -4 report (conducted
on odd numbered years).
4. Analyzes recruitment and employment selection procedures, such as job descriptions, application
forms, recruitment methods and sources, interview procedures, education requirements, referral
procedures, and final selection methods to ensure that equal opportunity is being afforded in all
job categories.
5. Maintains a job classification record clearly indicating each job classification or assignment and the
number of employees within each respective job category by race, sex, and national origin (for
example, Hispanic, Asian or Pacific Islander, and American Indian or Alaskan Native); and maintains
a record of job descriptions (describing essential job functions or duties)
6. Maintains records of the number of individuals by race/color, sex and national origin (if available)
applying for employment through the Human Resources Department within the preceding fiscal
year and the number by race, sex, and national origin (if available) of the applicants who were offered
employment and those who were actually hired.
7. Obtains statistical data from the Department of Justice, the Texas Workforce Commission, or other
reliable entity regarding the characteristics of the pertinent labor markets within this statistical area,
including total population, total workforce, and existing unemployment by race/color, sex, and
national origin.
8. Conducts an ongoing evaluation program to ascertain whether recruitment, selection, or
promotional policies cause a. disparate impact on the basis of race, color, religion, sex, national
origin, age, pregnancy, disability, genetic information, sexual orientation, gender identity and any
other protected classes.
Brazos County Equal Employment Opportunity (EEO)
CGYr+. OP UU,tJ
Brazos County
Equal Employment Opportunity (EEO) Plan
Section 4 - Enforcement
In addition to other duties, the Director of Human Resources (the "Director") administers and enforces this
Plan by:
1. Disseminating this Plan to all Department Heads making it available to all applicants and the general
public.
2. Ensuring that this Plan is available on the intranet web page to all employees for viewing and
printing.
3. Including the EEO statement and policy in the employee handbook.
4. Completing necessary evaluations and making recommendations to the Brazos County
Commissioners Court on any changes that are needed in the personnel policies.
5. Presenting the EEO statement- and policy as part of the Human Resources New Hire Orientation
program.
6. Coordinating the presentation of grievances. People who believe they have been adversely affected
by any act or practice prohibited by this Pian may file a grievance.
7. Ensuring that this Plan is available on the internet to all applicants, persons of interest, vendors, and
the general public for viewing and printing.
8. Including the EEO statement and policy on all job boards, written job announcements, applications
and postings for open job opportunities.
9. Receiving notice from County departments of new or available employment opportunities.
10. Ensuring that this Plan is readily available to any interested party via hard copy in the Human
Resources Department.
Brazos County Equal Employment Opportunity (EEO)
�0[. 21to P�. �$3
Item Coversheet
e of
PO'�oy
G`yTy �OF 94'Pry
BRAZOS COUNTY
BRYAN,TEXAS
Page 1 of 1
Im
DEPARTMENT: CC 2020 - Private Property Access
o. Road and Bridge NUMBER: - Richard & Melanie Bauer -
Stousland Rd - Clear underbrush to
Imp
DATE OF.COURT MEETING: 6/23/2020
ITEM: Request permission to enter private property owned by Richard and Melanie Bauer at 5817
Stousland Road. County will clear underbrush on curve to improve site distance. Site is
located in Precinct 1.
TO:
Commissioners Court
FROM:
Darrell Kolwes
DATE:
06/16/2020
FISCAL IMPACT:
False
BUDGETED:
False
DOLLAR AMOUNT:
$0.00
ATTACHMENTS:
File Name
Description Type
Private
Property
Access -
Richard and
Private Prooegy_Access - Richard and Melanie Bauer - Stousland Road - Clear underbrush to improve site distance
Melanie Backup
pdf Bauer-
Stousland Material
Road - Clear
underbrush to
improve site
distance.
APPROVED
1110
-- Duane Peters Date
County Judge
Vol. p9.
httt)s://brazos.novusaaenda.com/AaendaWeb/CoverSheet.aSDX?IteniID=20594 6/18/2020
j,;c Gtir•
q, xy ''TrPj
1 � �• U
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E. Duane Peters
Brazos County Judge
Steve Aldrich
Commissioner PcL 1
Sammy Catalano
Commissioner Pct. 2
Nancy Berry
Cammissloner PcL 3
Irma Cauley
Commissioner PcL 4
I. OWNER(S): Richard and Melanie Bauer
II. ADDRESS: 1435 Royal Adelaide Loop
College Station, Texas 77845
Brazos County Road & Bridge Dept,
2817 Hwy 21 West
Bryan, Texas 77803
Office 979822.2127
Fax 979.775-0453
III. LOCATION OF WORK: 5817 Stousland Road
Property ID 84451— J. C. Stuteville Survey, A-216, Tract 3.3, 8.97 acres
IV. DESCRIPTION OF WORK: Request permission to enter property to clear brush for
better site distance around curve. County would remove underbrush and trim any
low lying tree limbs within an area of 20' in width and 100' in length. No large trees
would be removed.
Additional Comments:
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:
Rich rd Bauer
Owner's Signature: r
la ie B uer
Date:
Date: a
Prarthana Banei ji Darrell W. Kolwes
County Engineer Right of Way Agent
Vol.. pg. ��
Item Coversheet
BRAZOS COUNTY
BRYAN,TEXAS
Page 1 of 1
0
DEPARTMENT:
CC 2020 - Private Property Access
Road and Bridge V NUMBER:
-Eric and Holly Mitchem-
Stousland Road - Clear
underbrush to im
DATE OF COURT MEETING:
6/23/2020 -
ITEM:
Request permission to enter private property owned by Eric and Holly Mitchem at 5665
Stousland Road. County will clear underbrush on curve to improve site distance. Site is
located in Precinct 1.
TO:
Commissioners Court
FROM:
Darrell Kolwes
DATE:
06/16/2020
FISCAL IMPACT:
False
BUDGETED:
False
DOLLAR AMOUNT:
$0.00
ATTACHMENTS:
File Name
Description Type
Private
Property
Access - Eric
and Holly
Private Property Access - Eric and Holly
Mitchem - Stousland Road - Clear underbrush to
improve site distance Mitchem - Backup
-P& Stousland Road Material
Clear
underbrush to
improve site
distance.
ZAPPRO
Z3 Z,0
Duane Peters Date
County Judge
V01.31 U Pg. l Lb .
httDs://brazos.novusaLenda.co gena a Covergheet.aSDx?ItemID=20595
6/18/2020
BRAZOS COUNTY
PRIVATE PROPERTY ACCESS FORM
E Duane Peters
Brazos County Judge
Steve Aldrich
Brazos County Road 6 Bridge Dept.
Commissioner Pct 1
2817 Hwy 21 West
Bryan, Texas 77803
Sammy na
Office: 879.822.2127
Fax: 979-775.0453
CommisssionerionerPct 2
Nanny Berry
Commissioner Pct. 3
Irma Cautey
Commissioner Pa 4
1. OWNER(S):
Eric and Holly Mitchem �85p�5 ►�[� .- (� q�
11. ADDRESS:
4603 Locksford Dr.
Bryan, Texas 77802-6006
111. LOCATION OF WORK: 5665 Stousland Road
Property 1D 16270 - J. C. Stuteville Survey, A-216, Tract 3.11, 8.82 acres
1V. DESCRIPTION OF WORK: Request permission to enter property to clear brush for
better site distance around curve. County would remove underbrush and trim any
low lying tree limbs within an area of 20' in width and 100' in length. No large trees
would be removed.
Additional Comments:
V. MAINTENANCE: Yes No X
IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A
1(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: r •-.-y-- Date:
Prarthana Banqfji ' Darrell W. Kolwes
County Engineer Right of Way Agent
Val.Pg, .
Item Coversheet
BRAZOS COUNTY
BRYAN,TEXAS
Page 1 of 1
a
DEPARTMENT:
CC 2020 - Utility Permit - Wellborn
Road and Bridge NUMBER:
SLID - I & GN Road - Water line
,
crossing 1,100' southeast of Iris
DATE OF COURT MEETING:
6123/2020
ITEM:
Consider and take action on the Wellborn Special Utility
District utility permit to construct a
road bare for a 8 inch water line crossing I&GN Road 1,100 feet southeast of Iris Lane.
Site is located in Precinct 1.
TO:
Commissioners Court
FROM:
Darrell Kolwes
DATE:
06117/2020
FISCAL IMPACT:
False
BUDGETED:
False
DOLLAR AMOUNT:
$0.00
ATTACHMENTS:
File Name
Description Type
Utility Permit- Wellborn
Utility Permit - Wellborn SUD - I
GN Road - Water line crossino 1 100 southeast of iris Lane
odf 'UD - I & GN Road - Water Backup
line crossing 1,100' Material
southeast of Iris Lane
A"ROVED
Duane Peters Date
County Judge
•
httns://brazos.novusaeend .co uen a e CoverSheet.asnx?ItemID=20601 6/18/2020
APPLICATION FOR WATER UTILITY PERMIT
DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Pursuant to the Texas Utility Code, Section 181.024, comes now Wellborn SUD [company
game], hereinafter referred to as "Company" a Texas [state] Corporation, with authority to transact business
in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the
right to lay, construct, maintain, repair and/or operate a gas facility under, over, across and/or along certain County
Roads as shown on drawings and diagrams attached hereto and said location described as follows:
Facility to Cross Road
Length of 'TYPE OF CONSTRUCTION
Road Name & Block Number Crossing (CHECK ONE)
Bored Jacked Driven Cased
I & GN Road 60' X X
Facility to Parallel County Road Within Right -Of --Way
To
CONSTRUCTION TYPE
8" Diameter Wall Thickness 16" Steel Encasement Pipe
Material Specification C900 PVC
Maximum Operation Pressure 86.2 PSI
The location and description of the proposed installation and appurtenances must be fully shown on the attached
detailed drawings.
The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and
shall complete said construction /work within 20 working days. (COMPANY MUST FILL Il). if such
construction is not begun by the 60" day, Company will be required to apply for a new permit.
Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial
and underground, and the filing of this application is prima facie evidence that the proposed installation will not
conflict with any existing utility.
A copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's
right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk
of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or
expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights
and privileges. 1 p
O
�
Vol. fig. _ l
Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated
representative.
Approval of County Engineer's Office may take as long as two weeks after complete application is received.
Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of
said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION
REQUIREMENTS FOR WORK CONDUCTED IN 13RAZOS COUNTY RIGHTS OF WAY and incorporated
herein for reference.
Iu ilia event Companj►falls to obtain a permit prior to 11le Installation or noes not install udifties in comp/lance w&fi
installation requirements set forth herein r a. deptlt, location, Lite), Company assrrnres all finrutclal resporlsibilily, for
damages audlor destruction of filler, cables, etc. based upon itsfallure to comp/jr tuft/s Brazos Coanry requireuiellts
Applicant agrees Mar ffBrazos Count), demonstrates a viollltiau ofthe terms ofthis policy, Applicant stipulates tlrat
requfsires for lilt nlctive relief exist and that Brazos County is entitled to relief elrjoining any conduct by applictllet
IvIdell is Contrary to the policies.
This permit is a revocable permit. Brazos Comity reserves the right to revoke t/lls pernllt at arty time, in the sole
discretion of Brazos County, for interests r fpublic health, safety or welfare, or for failure to repair any damages
upon demand, or for any other reason deemed sl ffclent by Brazos Colmq
In the eve111 Colnpally falls to roluply with anj► or of/ ofthe requirements as set forill hereill, the Counly may take
shell action as it deeals ltppropriale to calllpel calllpilance. Tile Counly Eugineerjuriller retains file right to revoke
this Permit by verbal notylaadou to Ilse Applicant/Connpally.
Railare to obtain this perm!! and/or naiify ilia Coulrly Englaeers Office wid du 24 hours of beginnlug construction
shall consulate groundsfar job shnldoivn.
By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees
to the conditions/provisions included in this permit.
Wellborn Special Utility District
Company Name
tz -
By. - -
Title
Address
Telephone Number
�
Email:
vol. 2A Pg.
WATER UTILITY APPROVAL
Brazos County offers no objection to the proposedlocation of the utility in the County right .of way as shown by
accompanying drawings and notice dated 04-1— 0'2a except as noted below:
(Month/DayNear)
EXCEPTIONS:
�tG�scrkr. nc�S �a S+o�� rt.+ oyc. a_ '
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BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Requirements
1. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of
BMPs) to minimize erosion and sedimentation resulting from the proposed installation.
3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property
shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or
appointed representative.
4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior
occupant.
5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur,
permittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. if it is
determined that inconvenience to the public exists, then the County Engineer will decide whether such
project will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safety Requirements
1. Proper traffic control measures must be put in place prior to beginning work and remain in place during
the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic
Control Devices (TMUTCD). See Traffic Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices, as
may be necessary, in order to safely conduct the public through the project area. Company shall provide
flagmen, signs, signals or devices necessary to provide complete. safety to the public.
4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property
owners.
5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute
a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of
Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved
by the County Engineer.
C Traffic Control Plan
1. A traffic control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided
for the following:
a. Any construction (i.e. pit, excavation, hole) left open overnight, requires specific nighttime traffic
control measures pursuant to the TMUTCD;
va. 31lo P9.195
b. If construction is within ten (10) feet of the roadway; or
c. Any work performed in the road right-of-way;
2. Plan must be attached to the permit and kept at the job site anytime work is being performed.
3. Plan must set forth the time of completion for the job.
D. Destgn Standards
1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation
and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code,
Section 181.045.
2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure
safety to the public. Any pole placed in violation of this requirement will be required to be moved to the
appropriate location at the company's expense. Exceptions may be approved by the County Engineer.
3. All underground installations shall (these are minimum depths — utility may place deeper):
a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement;
b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured
from top of bank to top of bank;
c, be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For
high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below;
d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of
less than 60 feet.
4. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased.
Waterlines shall be cased if crossing under the roadway.
5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within
designated locations based upon the type of utility. The locations shall be as follows: (measured from
back of right-of-way).
Power-- 0 to 2 feet, nominally 1'
Phone -2 to 4 feet, nominally 3'
Gas — 4 to 6 feet, nominally 5'
Cable --6 to 8 feet, nominally 7'
6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar
manner as referenced in No. 3 above; however, the County Engineer or its designated representative will
provide final approval of each utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be Ionger than 400'
if left open over night or unattended.
Crossings under a county road shall:
a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and
soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting
operations and have the opportunity to have an inspector on site to observe pressure grouting
operations;
f VOL 3l lv Pgo Aglp
c. TxDOT Standard Specification item 476 shall be followed for all boring, jacking, tunneling and joints.
9. Bore Pits:
a. no pits shall remain open longer than 2 days;
b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above.
c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from
the County Engineer or his representative;
d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil
pile to prevent drainage problems;
e. based upon soil conditions, .the County Engineer or his representative may require shoring to protect
pavement integrity;
f. based upon soil conditions, the County Engineer or his representative may require pits be placed
further from the edge of road.
10. Any installation within ten (10) feet of edge of pavement shall meet the following:
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to
protect pavement integrity.
d. all excess water and mud -shall be removed from the trench prior to backfilling. Any backfill placed
during a rainy period or at other times where excess water cannot be prevented from entering the
trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized
material as soon as weather permits;
e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the
County Engineer or his representatives.
f. no side or lateral tamping to fill voids under the base and pavement materials is allowed.
11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event
Company damages the slope, shoulder or any other portion of the right-of-way, Company will be
responsible for repairing the damage and replacing the right-of-way to the condition it was prior to
commencing construction.
12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County_
road will not be permitted; except in an instance whereby the laying, construction, maintenance and/or
repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event
all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided
meeting TMUTCD requirements.
13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or
jeopardize any section of the road (asphalt, cement, road base, etc.), Company will be required to provide
a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by
the County Engineer.
14. The applicant shall submit a letter of "No Objection_ " from the Army Corps of Engineers for all -
designated wetlands and environmentally sensitive lands.
Emergency work
1. In the event Company is required to perform emergency.services, that requires.excavation in a County
Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs., Company
v®i. 31 L Pg, VI 7
shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the
County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of
Way and traffic safety controls used.
F. Repairs to existine facilities
1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the
soil, shall not be performed until plans describing such maintenance and/or repair have been approved by
the County Engineer or its designated representative and a permit has been obtained.
G. Relocation of utilities
1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement,
alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other
facilities and appurtenances authorized hereunder, shall be removed from said road, or reset or relocated
thereon, as required by the County Engineer within a reasonable time as determined by the County
Engineer and Utility Company, and at the expense of the Utility Company.
H. Hiah Pressure Pipelines
1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to
controlled access or non -controlled access installations, should contain the following additional
information in the description of the permit.
-diameter
-wall thickness
-material specification
-minimum yield strength
-maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied
for both the carrier pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal Safety
Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed
by an authorized representative of the company.
4. Petroleum Pipelines:
Depth
Tyne of Pipeline (below deepest ditch -grade) Special Requirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36" deep
Encased Pipe Greater than 10' No concrete pad required
Non -Cased Pipe Less than 10' Must be covered with concrete pad at least 48" deep
Non -Cased Pipe Greater than 1.0' No concrete pad required
Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum.
5. Under no circumstances will a pipeline be installed parallel to a County Roadwithin the Right -of -
Way. Transmission lines have been determined to be petroleum pipelines (which includes natural
gas lines) and shall not be parallel to. a County Road.
6. Natural Gas Distribution is a line that serves the final customer.
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6/1812020
Item Coversheet
BRAZOS COUNTY
BRYAN,TEXAS
I 7R
DEPARTMENT:
Road and Bridge NUMBER:
CC2020-Road work notification
process
DATE OF COURT MEETING:
6/23/2020
ITEM:
Request from Road and Bridge for approval of a road work notification process to provide
residents advance notice of road construction/maintenance on county maintained
roadways and rights of ways.
TO:
Commissioners Court
FROM:
Karen Tyler
DATE:
06/17/2020
FISCAL IMPACT
False
BUDGETED:
False
DOLLAR AMOUNT
$0.00
ATTACHMENTS:
File Name
Description
Type
TOWING ROAD CONSTRUCTION.g_df
Notification procedure
Backup Material
Green FSDoor Hanger Brazos County RB,pdf Door hanger (2 week notice)
Backup Material
Orange Hanger Brazos County
RB pdf Door hanger (2 day notice)
Backup Material
APPRO
Duane Peters Date
County Judge
Vol. pg. tin
https://brazos.novusagenda.com/agendaweb/CoverSheet.aspx? Item ID=20.610&MeetingiD=1591
1/1
REFERENCE: Standardized Operation on action to be taken prior to vehicle removal in a construction
zone
This Standard of Operation Procedure will conform with the provisions found in the Texas
Transportation Code 343.305 (a)(9)
To insure the normal function in the repair to the roadway and to prevent the damage to private
property, namely: motor vehicles, the following actions shall be taken prior to the removal of any
vehicle parked on the roadway.
1. Two weeks prior to planned date of construction personnel with the Brazos County Road and
Bridge will apply door hangers to each residence within the affected street. This door hanger will
warn the occupant of the resident of the pending road construction and the requirement to
have all vehicles removed from the roadway.
2. No later than one week prior to the planned date of construction signage will be displayed at
the entrance of the affected neighborhood, street or roadway advising of the purposed
construction and to have all vehicles removed from the roadway
3. 72 hours prior to the planned date of construction Brazos County Road and Bridge will attach
door hangers to each residence. Again warning the residence of the planned construction and
the potential of their vehicle parked in the roadway will be towed.
a. An attempt will be made by Brazos County Deputies to contact the property owner of
the vehicle parked in the roadway advising them the vehicle will be towed.
b. If contact is not made the vehicle will be tagged for removal.
4. Day of Construction. Deputies will canvas the neighborhood. An attempt will be made to
contact the property owner. If vehicles owner is not available the vehicle will be towed under
the Texas Transportation Code 545.305.
a. A notice will be left at the door of the residence and a standard form letter will be
mailed to the registered vehicle owner. A report will be filed with the Sheriff's Office.
As stated in the Texas Transportation Code 545.305; the owner of a vehicle that is removed or stored
under this section is liable for all reasonable towing and storage fees incurred,
This request is submitted for review and approval by the Brazos County Road and Bridge, Brazos County
Attorney, Brazos County Sheriff's Office and the Brazos County Commissioners Court.
BRAZOS COUNTY
ROAD AND BRIDGE
DEPARTMENT
STREET WORK NOTICE
Preventive maintenance is essential
to keep our roads in good condition
before major damage occurs.
Brazos County crews will be
performing roadwork to your
street within the next few
weeks.
Several days before we begin work on your street, we
will hang another notice on your door with information
on how you can help us do a quality job.
To get in touch with us,
Call Road & Bridge: 979-822-2127
Or visit our website: https://www.brazoscountytx.gov
Road and Bridge Department
BRAZOS COUNTY
Vol. Pg. �O
BRAZOSCOUNTY
ROAD AND BRIDGE
DEPARTMENT
STREET WORK NOTICE
Within the next 2 working days, Brazos County
crews will be on your street for road work
If Bad Weather delays us, we will be on your
street within the next 5 working days or we will
notify you again
TO HELP US DO A QUALITY JOB, please
✓ DO NOT park your vehicle on the street between 8 am
and 5 pm on the day work is performed on your street
✓ DO NOT drive while construction work is ongoing.
Please wait until County crews open the road for
normal traffic
To get in touch with us,
Call Road & Bridge: 979-822-2127
Or visit our website: https://www.brazoscounhltx.gov
Road and Bridge Department
BRAZOS COUNTY
F
ol...l� pg.
Item Coversheet
BRAZOS COUNTY
BRYAN,TEXAS
DEPARTMENT:
NUMBER:
DATE OF COURT MEETING:
6/23/2020
ITEM:
Expenditure Journal Entries
• FY19-20 FD0618201 - FD0618202
TO:
Commissioners Court
DATE:
06/18/2020
FISCAL IMPACT:
False
BUDGETED:
False
DOLLAR AMOUNT:
$0.00
ATTACHMENTS:
File Name
Description Type
image1454.pdf
Exp JE 1 Backup Material
image1456.pdf
Exp JE 2 Backup Material
APPROVED
uane Peters Date.
County Judge
Voi
https:#brazos.novusagenda.com/agendaweb/CoverSheet.aspx?Item I D=20617&MeetingI D=1591
0
1/1
611842020
Manage Journals - Joumals*,- Oracle Applications
Data Access Set; Brazos County Pdmm.y and GASB
Edit Joumal
Save Post ; Cancel
Joumal Batch: FD0618201. {'snow More
Batch Actions
Joumal Batch- FDO618201 -
Source Manual
Description MAY20 COUNTY
Approval Status 'Required
CONTRIBUTION TO HD
Balance Type A41.
Funds Status :Not; attempted
- -
Batch Status •Unposte.d
Accounting Period May -20.
Completion Status Complete
Attachments DOC.pdf u�'
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v 1 +-, l JoumalActions
Journal FD0618201
Currenne r. USD US.Dollar v
Description MAY20 COUNTY
Conversion Date 5/3112020
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Conversion Rate Type User
'Ledger Brazos County'Primary
Conversion Rate i
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Inverse Conversion Rate 1
"Accountipg Date 5/3112020
` Category Manual v
Joumal Lines
Actions: View Format
Ty 0 Detach Wrap
Entered (USD)
Line ' Account
Description
Debit Credit
1 01000-11002000 73510000 00000-00C ;
38,214.33 M420 COUNTY C
-2 01000-00000000.1100520Q 00000-0000-0
36,244.33.. -MAY20 COUNTY CC
3• 91000-000000004304120"0060-00000
38914.93 MAY20 COUNTY CC
4 91000-0000000043041200.00000-0000-0
36;214.33 MAY20 COUNTY CC
Total
72,428.66 72,428.66
Columns Hidden 11
Vol. Pg.
Projected Balances
PTD Total
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39
6n8r2O2o
Data Access Sol: Brazos CbuntyPdroary and GASB
Edit Journal
Journal Batch: M0618202 1 Show More
Journal Batch
FDO616202
Description
JUN20 COUNTY
Funds'Status
CONTRIBUTION TO HD
Balance Type
Actual
Accounting Period
Jun -20
-Attachments
DOC.pdf X
Journal ( Show More FD0618202
Journal
FDO618202.
Description
JUN20 COUNTY
Funds'Status
CONTRIBUTION TO HD
'
Brazos County Primary
Ledger
Complete
Ledger
Accdun6ng Date
6/1812020
' Category
Manual v
Manage Journals - Journals - Oracle°Applications
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Last Saved 6/1812020 9:04• AM
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Approval status
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Funds'Status
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Batch Status•
Unposted
Completion Status
Complete
V i I Joumal Aobns
Currenq USD US Dollar
Conversion Date 6/1812020
Conver5ion.Rate Type User
Conversion Rate 1
Inverse Conversion Rate 1
Journal Lines
Actions View Format X Detach Wrap
Entered (USD)
Line * Account Description
Debit Credit
1 01000-11002000-73510000-00000-OOC I 38,214.33 JUN20 COUNTY Cf
2 01000.00000000-11005200-00000-0000-0 36.214'.33. JUN20 COUNTY CO
'3 '91000.00000000-4304120MOODO-0000-0 36,214.33 JUN20-COUNTY CO -
4 '910OD•0000000043041200.00000-0000-0 36;214.33 JUN20 COUNTY CO
Tdtal• 72;428.86 72,428.66
Columns Hidden 17
Projedted Balances
PTD Total
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39
vol. 31 l.P Pg. fou
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BRAZOS COUNTY, TEXAS
BUDGET ATNIENDMENT(S) FOR THE 2019-2020 BUDGET YEAR
NO. 19/20 38.1— 38.3
On this the 23rd day of June 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. Chuck Konderla, 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 23rd day of June 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 23rd day of June 2020.
THE COrW USSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Duane -Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Vol. 1 C,Q pg. a07
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 19120.38.1
6/23/2020
FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease
General Fund Fleet Maintenance Services Re air and hfain 857.83
General Fund Fleet Maintenance Services Nrinor Ac uisitions 857.83
I
Fleet Maintenance Services
Reallocation of funds to the appropriate department's account to purchase a scanner.
R y- tfrtte .0 A_ppfO-
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FUND
DIV
ACCT
DR/CR
ACCOUNT NAME
Increase Decrease
01000
11100000
65150000
CR
Computer Maint.
857.83
01000
11100000
67203000
DR
hfinorComputer Hardware
857.83
i
voi. pg '21bb
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 19120 - 38.2
6123/2020
FUND DEPARTMENT
DIVISION CATEGORY DESCRIPTION Increase Decrease
General Fund
Other Revenue 2,548.70
General Fund Constable PCL #2
Deparun ntal Support 2,548.70
FUNDDIV
ACCT
DR1CR
ACCOUNT NAME Increase Decrease
01000
00000000
46023000
CR
Donations - Other 2,548.70
01000
30201100
60010000
DR
Donated Property - No Tae 2,548.70
Constable Pct. #2 Lam o
To recognize a donation from U. S. Amcor Corp.
for seven 7 PASGT Helmets and Face Shields. Estimated donation of 52.548.70.
'"arfm ti Appr
:Count' Judge Approval --"
or:S'ccn"uttttn..;PuF:.. VW�;? 4o—; r
s 5 1 _ ? calm sRig
FUNDDIV
ACCT
DR1CR
ACCOUNT NAME Increase Decrease
01000
00000000
46023000
CR
Donations - Other 2,548.70
01000
30201100
60010000
DR
Donated Property - No Tae 2,548.70
E
9. l.2 Pg e c79
BRAZOS COUNTY, TEXAS
BUDGETAMENDIVIENTS
No. 19120 - 38.3
Pg. voi.
® alo_u =-P 9
AK
FUND
DIV
ACCT
DR/CR
ACCOUNT NAME
Increase Decrease
01000
00000000
46023000
CR
Donations -Other
7,500.00
01000
12500100
60010000
DR
Donated Property - No Tag
7.500.001
Pg. voi.
® alo_u =-P 9
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: 6-23-2020
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
Juvenile Services — Detentions
Barnes, Trenise
Employment
Brown, Noah
Employment
Jenkihs, Chelsia
Employment
Perez -Contreras, Edgar
Employment
Reyes Juan Employment
Rodriguez, Tobias Employment
Sheriffs Office — Detention Bratz, David Employment
Cornejo, Diana
Separation
Douthit, Garrett
Change of Status
Green, Brandon
Employment
Gutierrez, Luis
Employment
Stiles, Kelsey
Separation
Sheriffs Office — Jail Coones, Raymond Separation
Approved in Commissioners' Court: 6-23-2020:
County Judge's or Commissioner's Signatur .
(This Copy to be attached to minutes)