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Home My WebLink About2020-06-30 10:00AM REGULAR MEETINGBRAZOS COUNTY B RYAN, T EXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT 1020 JU14 2 b P 1: U. 3 KAPE'N L'Q�N� r C! Fh,, BRAGS 001''!Tr' DF," 'd TE f �r.��1rPl il'r' 006,100r'� THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JUNE 30, 2020 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag — Commissioner Aldrich 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-19: 3. Proclamation recognizing Todd Carroll for 47 years of dedicated service to our community. 4. Appointment of Bill Ard to the Workforce Development Board with a term period of July 1, 2020- June 30, 2023. 5. Acceptance of donated or unclaimed property left by inmates leaving the Brazos County Jail. 6. Request to wire transfer $2,824,734.67 to the Texas Health and Human Services for DSRI P DY9 Round 1 out of the Local Provider Participation Fund. 7. Permission to Advertise RFP 20-137 Juvenile Services Wraparound Program. 8. Award of RFP #CI P 20-590 A New Building for Brazos County Texas A & M Agril-lfe Extension Office. Committee recommends award to L D F Construction, Inc. 9. Award of RFP #CI P 20-635 for Rye Loop Road Reconstruction. Recommended award: Cervantez Construction, LLC. 10. Amendment #1 to Contract 19-127 Herbicides and Surfactants to Cancel Line Item #7, Round Up Pro Max with Nutrien Ag Services. 11. Renewal of Contract #20-135R for Grit Trap Pumping with G&L Wastewater Services Voi. Pg. s LLC. 12. Approval of Contract 21-004 with Guardian RFI D for BCD C. 13. Request from the Sheriff's Office for approval to renew the agreement with the LESO Program as administered by the Texas Department of Public Safety. 14. Acceptance of a Special Warranty Deed from Billy Keith McKinney and Jennifer R. McKinney for 0.36 of one acre of land to be used for improvements to White Switch Road. Site is located in Precinct 1. 15. Consider and take action on the Wickson Creek Special Utility District utility permit to construct a road bore for a 1 -inch water line crossing under Cobb Road 1,580 feet northeast of Grassbur Road. Site is located in Precinct 2. 16. Tax Refund Applications for the following: Overpayments • a. Climate Doctors of B/CS - $528.78 • b. David & Julie Armstrong - $13.76 • c. Lereta - $1,000.06 • d. Lereta - $106.67 • e. Ecolyse, Inc. - $1,507.83 • f. Gregory Pitre - $131.36 • g: Vanderbilt Mortgage - $226.00 • h. Teresa Posada - $391.50 • i. Lereta - $829.34 • j. Bluebird Medical Enterprises - $51.08 • k. Hawkwood Energy Operating - $50.02 17. Budget Amendments. Budget Amendments FY 19/20 39.1 - 39.5 18. Personnel Change of Status. Personnel Action Forms 19. Payment of Claims. 20. Juvenile Director's report on detention population. 21. Sheriff's report on inmate population. 22. Acknowledgement of monthly reports submitted in June, 2020. 23. Announcement of interest items and possible future agenda topics. 24. Call for Citizen input and/or concerns 25. Adjourn. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX77803 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. voi. 31 U Pg. MINUTES JUNE 30, 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 30, 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, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag — Commissioner Aldrich 2. Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items 3-19: 3. Proclamation recognizing Todd Carroll for 47 years of dedicated service to our community. Vol. LO Pg. d I Cho. The Court joins with the mayors of the Cities of Bryan and College Station in recognizing Todd Carroll for 47 years of dedicated service to our community. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 4. Appointment of Bill Ard to the Workforce Development Board with a term period of July - 1, 2020- June 30, 2023. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 5. Acceptance of donated or unclaimed property left by inmates leaving the Brazos County Jail. A copy of the donation form is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 6. Request to wire transfer $2,824,734.67 to the Texas Health and Human Services for DSRI P DY9 Round 1 out of the Local Provider Participation Fund. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 7. Permission to Advertise RFP 20-137 Juvenile Services Wraparound Program. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 8. -Award of RFP #CI P 20-590 A New Building for Brazos County Texas A& M AgriLlfe Extension Office. Committee recommends award to LDF Construction, Inc. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded RFP #CI P 20-590 A New Building for Brazos County Texas A&M AgrilLife Extension Office to LDF Construction, Inc. A copy of the bid tabulation is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 9. Award of RFP #CI P 20-635 for Rye Loop Road Reconstruction. Recommended award: Cervantez Construction, LLC. Vol. 11p Pg. a 1 The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded RFP #CIP 20-635 for Rye Loop Road Reconstruction to Cervantez Construction, LLC. A copy of the bid tabulation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 10. Amendment #1 to Contract 19-127 Herbicides and Surfactants to Cancel Line Item #7, Round Up Pro Max with Nutrien Ag Services. A copy of the amended contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 11. Renewal of Contract #20-135R for Grit Trap Pumping with G&L Wastewater Services LLC. 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. 12. Approval of Contract 21-004 with Guardian RFID for BCDC. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley,.Konderla, Peters. 13. Request from the Sheriff's Office for approval to renew the agreement with the LESO Program as administered by the Texas Department of Public Safety. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 14. Acceptance of a Special Warranty Deed from Billy Keith McKinney and Jennifer R. McKinney for 0.36 of one acre of land to be used for improvements to -White Switch Road. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 15. Consider and take action on the Wickson Creek Special Utility District utility permit to construct a road bore for a 1 -inch water line crossing under Cobb Road 1,580 feet northeast of Grassbur Road. Site is located in Precinct 2. vol. l pg. �+�. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 16. Tax Refund Applications for the following: Overpayments • a. Climate Doctors of B/CS - $528.78 • b. David & Julie Armstrong - $13.76 • c. Lereta - $1,000.06 • d. Lereta - $106.67 • e. Ecolyse, Inc. -$1,507.83 • f. Gregory Pitre - $131.36 • g. Vanderbilt Mortgage - $226.00 • h. Teresa Posada - $391.50 • i. Lereta - $829.34 • j. Bluebird Medical Enterprises - $51.08 • k. Hawkwood Energy Operating - $50.02 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 17. Budget Amendments. Budget Amendments FY 19/20 39.1 - 39.5 39.1 Reallocate funds for Boonville Heritage Park. 39.2 Reallocate funds for Emergency Management. 39.3 To recognize a donation for Emergency Management. 39.4 To recognize the TAC Insurance Claim for recent hail damage. 39.5 Transfer funds from Contingency to County Judge. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 18. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 19. Payment of Claims. Claims 8100998-8101127 va. 3� Pg. �a� 9000185-9000206 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 20. Juvenile Director's report on detention population. Juvenile Director Linda Ricketson reported there are 13 juveniles in the detention center, 10 are male and 3 are female, and 21 have electronic monitors. Ms. Ricketson noted that 7 are in isolation because they are new. 21. Sheriffs report on inmate population. Sheriff Chris Kirk stated there were 552 inmates in jail, 471 inmates are male and 75 are female, 9 have electronic monitors and 0 are pending for monitors. Sheriff Kirk added that there are currently no inmates in quarantine. There are 5 staff members in quarantine and 1 from patrol has tested positive for COVI D. 22. Acknowledgement of monthly reports submitted in June, 2020. The Court acknowledged receipt of the Extension Service reports submitted in June 2020 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 2 Constable Precinct 3 Veterans Services 23. Announcement of interest items and possible future agenda topics. Commissioner Berry thanked Judge Peters for declaring masks necessary in all businesses. She thinks this will slow if not help stop the spread of COVI D-19. Commissioner Cauley also thanked Judge Peters. 24. Call for Citizen input and/or concerns There was no citizen's input. 25. Adjourn. Vol. Pg. The foregoing minutes of the Commissioners Court Meeting held June 30, 2020 have been examined and are approved in open Court this 7th day of Jules 2020, in Bryan, Brazos County, Texas. Duane Peters County Judge Steve Aldrich Commissioner, Precinct 1 Chuck Konderla Nancy Berry Commissioner, Precinct 2 Commissioner, Precinct 3 Irma Cauley Commissioner, Precinct 40 Attest: Karen McQueen County Clerk N/0e. 31tQ pg. Qa3 Pglof BRAZOS COUNTY COMMISSIONER'S COURT 3b�k DAY OF , 20 AM/ Name Illav, 41 Organization 1-17 �,A \) Vol. P9.a�_ BRAZOS COUNTY COMMISSIONER'S COURT -DAY OF , 20 96 Z-0-- Name (PLEASE PRINT) /""QvAc� Organization (PLEASE PRINT) vot. Pg- GA": Todd Carroll was born in 1955 in Bryan, Texas, and; In 1973, Todd started working at KBTX-TV at the age of 18. He started in the production department, serving in various roles.incl"uding as a photographer, and Todd captured and processed the first color film to air at KBTX, a grass fire in the Wellborn community, and; Todd grew into other roles at the station, including as the senior account executive with the KBTX sales department, and; 0": In his sales position, Todd has helped thousands of businesses share their message through KBTX and its digital platforms, and; G�oxaze: In partnership with the Producers Cooperative in Bryan, Texas, Todd has produced more than 1,000 episodes of "From The Ground Up", educating and informing the Brazos Valley on the world of agriculture, and; wfmwd. Todd announced his retirement from KBTX after 47 years of faithful and loyal service to the station, his hometown and the Brazos Valley, effective July i. 2020. 91a.. MOM, 1, Andrew Nelson,, as Mayor of the City of Bryan, and I; Karl Mooney, as Mayor of the City of.College Station, and I; -Duane Peters, as County Judge of Brazos County, and acting.on belialf of our respective councils and.eomnussioners court, do hereby recognize Todd Carroll for 47 years of dedicated service to our community. CITY OF BR N CITY CO E S ATION BRAZOS Andrew Nelson, Mayor Duane Peters, County Judge dr] Mooney May CITY;0F BRYAN �', CM r, Cu Sun The Goad Lite; Texas SWe. ~ " i�..r.�r«v., r i *rr ase �*r Vol. J? l CP pg. BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY * ' DONATION OF COUNTY PROPERTY Date: 06/06/20 Acceptance of Donated/Awarded Property Donation of County Property (Awarded property requires signed court documentation) R]Acceptance of Donated Inmate Property (Requires signed inmate documentation —NO VALUE ASSESSED) Itcm Description: Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year: SNN1N #: Functional Non -Functional. Explain if Non -Functional Additional Description/Information: Clothing, Jewelry, Electronics and other mist items left by inmates leaving the Srazos County Detention Center in the month of January 2020 )estimated Value: Acceptance of Donated Properly Check the appropriate account based on estimated value of property being accepted: E] 61235000 (Donation - Other)* C] 60010000 (No Asset Tag -Under SSW) E] 67010000 (Minor Property - $500 - $4999) ❑ 80010000 (Capital Property - Over S50M) Donation of County Property Check the appropriate entity property being donated to: Government Entity: Brazos County Sheriff's ( Organization Name Other (Due to Statuatory requirements prior approval is required by Purchasing: Organization Name *Donation — Other account 61235000 is to be used ONLYfor caslVeheck funds donated to Brazos County. 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: Brazos County Sheriffs Office Department -Name - Authorized Signature Organization Receiving Donated Property: (,Gk— Authorized Signature Appr vcd by m issioncrs Court on c3 O dayC' Commissio crs Court Approval ---•-.---•-------- ___ Vol. 31 Pg.0a7 BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPO ITT N FORM Date Inmate Left Facility i9//-Z1//Z0 JAIL IDN: 297999 50!#:126445 This is to advise you, GARCIA, ARMELIO TAIRO, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup andlor receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the -Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times schedule the niekun (24 hours in advance) 2)&)Se_1 4e (!5 . µ{ Ste Cave s 3) t Ce, &.90 ��k._sGdel LIST OF PROPERTY Signature of Inmate: Date: of to Time: 6*019 Signature of Jailer. l/YO/ Date:Dl ?v Time: &dg? Property disposed by: Date: Time: Person designated to pick up property: Name: Address: 3 Qr 14 -re- nP 1 S S Carle e. S4.q o n l k l Telephone:_ � q L( Z2 to �f Q ( q(�� e� 5 s � a Z Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Farm: 3825 Inmate property b1spnS1110n vol. LP pg. a BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility , d JAIL ID#: 311633 SO#: 35219204 This is to advise you, Thomas, Cralan Craig, that the Brazos County Office of the Sheriff will grant you a period of one week (five working days) to have anyone of your choice to pickup and/or receive any and all property that you have accumulated during your time incarcerated in the Brazos County Detention: Center. In the event that no one has picked up your property after the expiration of one week (five working days), any and all property will be donated to the Brazos County Sheriff and disposed of to the person(s) or organization of choice by order of the Sheriff of Brazos County, Texas. Your property will not be released to any one other than the person you designate to pick it up, and can be picked up from the Release Lobby of the Brazos County Detention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid lone wait times schedule the pickup (24 hours in advance,). LIST OF PROPERTY 6) Signature of Inmate: C t Date: 2- f -2p Time: Signature of Jailer. ' Date:ILI , 00 Time:061 Property disposed by: Date: Time: Person designated to pick up property: Name: Address: Telephone: Signature of Officer Releasing Property Date: Signature of Person Pick up Property Date: (Include a copy of the. person's identification that is picking up the property) _ Form; 1825 Inmate Property Olsposition Vol. .3 I (.C. Pg, ate. | }kj§B■|=,a| o \|\/|■2e„ | �■ � ƒk\2\§)■|.,■§ � �)7m\(m�@�.j� ■=■;��e...| £ ,# k 62}§2!§ „a§ ) ■ ,# | || $§k@B«q�■�■,_; § )7§§k(§22,■,§ � a■ ,« � _■ ee 7 - k|)|§g�;��■2§ l;�n)k%,q,n;5 \§■]e,=| ! � }�)|kEl k |! , � �,:�■ § : ) | � ;- ! \ ( \ s k� ■ |�! ` |2 ! Vol. g. - 0 0 0 0 L H N CH t00 �~'1 h e0i Ql cn co to M O C 1 N N 11 N /j U1 cc l/ 0 / /1 t A 10 V va. llp Pg.. ` 0) O of > r. O N n u'1 h O O O 1A N N n w Ol t11 N rq 4m C N 10 Y M H O O m ^C! MQ1 .{fli ko 00 .1Ai M z N n O N U T T 1L0, �. C7N N O `-I M 1Ni1 C ate+ tD 10 In N r•1 N C N C o1Ln Z xu V1. O F u LLI OC c o a a, V N P N 4 C, 00 L11 O O N O W C Q. NLD N M J 0 r4 V V V). u N C d Ln o Ln O1~ x •� m O o E 1° 0 ` i 0 C w w y LLJOJIA C 0 C OL IC a C d .0 O 0 o M v m CL a` �D _ m V_ •� Cm ar c C co CL u !V E 01 N 1n a1 CL ~ VI 0d `° ° a c d� LLL c o g e CL u E ,O d a` C C d == OJ OJ u 7 C y C E ,4) •7 c « a m u m w W — c. a m m m _ E o u a O w N M' %r 1A cc l/ 0 / /1 t A 10 V va. llp Pg.. AMENDMENT TO 19-127 HERBICIDES AND SURFACTANTS THIS AMENDMENT TO 19-127 HERBICIDES AND SURFACTANTS ("Amendment") is entered into and effective this 23rd day of June, 2020 ("Effective Date") by and between Brazos County ("Customer"), and Nutrian Ag Solutions, Inc. ("Contractor") each of which may alternatively be referred to herein as a "Party" and collectively as the "Parties". All capitalized terms in this Amendment shall have the same meaning as in the Agreement (as defined below) ut►less otherwise stated herein. RECITALS WHEREAS, the Parties entered into that certain original contract # 19-127 ("Agreement") for purposes 'of Nutrian Ag Solutions, Inc. to provide of the product of Roundup Pro Max (Item #7) at quoted price of $25.15 per container; and WHEREAS, the Parties desire can no longer hold up to the pricing set forth in original contract # 19- 127. AGREEMENT NOW THEREFORE, in consideration of the above premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows: 1. Cancel Line Item #7, Round Up Pro Max, from contract #19-127 with Nutrian Ag Solutions. All other awarded lines will remain intact. IN WITNESS WHEREOF, the parties hereto have caused this Amendment'to be signed by their authorized representatives as,of the Effective Date, This Amendment may be executed in counterparts, all of which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of execution of this Amendment and shall be binding on all Parties hereto. BRAZ S UN Y Signature Name ` C0 1-" ru i-� u v c Ck v— Title V Yah/tea Date NUTRIAN AG SOLUTIONS, INC. sr �h%fopgtrVA/1tYsov7 Name 5c005 �26 YeSe► tt, V2 Title cel6120 Date Vol. lP pg. c m a ° Z c K Ij G u 4 E E c • O O d � O m ei � O W o of h d S p ui $ O r mm N ai O ci O ui p ui o d N N N N O O H O O N O O N N 9 x0 Z Z Z z z z O z Z Z N z Z uh 8 a � a m o r $ P Oi N D; m m o a M -. m m s a ,v_ p m m $ 0 9 pp v ^ 0 0 D C 8 N W N N Z z trail tmif Z Z N Z Z pp �A N z N z m H Z W T T N N O O z Z K u a Z o q L o G 0 0 z z 0 0 Z Z 0 0 Z 2 0 0 Z z 0 0 Z Z 0 0 0 2 2 2 0 0 z Z 0 o O Z Z Z o Z O 2 z 2 o Z. 0 0 Z Z 0 0 Z z Q Y m Ci E cr N 0 a b 1p W n O M UNf a 0mtiNa u 0 m �varm.na N m m N �ri� N Y`^avrv34a 0 m c N Ql m m Nm v_ m m m a m v4 N a eaa N a m V N O z N O z O N O O z O O zz+^zzz 0 0 0 O z O z m 6'1 O O z z (O O m O O _ w � zz z 4 Gw n p g E c m m P P y m 0 0 ff VV 0 0 m m 0� N N N ,Ny T N N N eNI Q W .D H d 3 n v 's mai m m '^• °1 �^ ^o 'mm a! a o a V H z y^� Z Z +rvi. v� umi m m Z Z mm N 2 Z z N m m z z z m z N m m Z Z N m .n Z m m z Z m z C � m C O 41QE vv _m v_mOZ Oi 0 O m N 2O Z. 2 2 Z OO Z 0M Z nMm 0 2 0 Zz D N ur ri ��++ •$ a � o y m as y m m y y� av_ m m :Q :2 y m m "Ra m m a v m 'm m a m m v_ a m m a;o m 'm a m •m «.} -- z z z - 0} z Z_ O O> z z 0 z 0 0 O z z z O z > O O z z y O O O R z z z w o �I It�RS �A tt��ff ri g d _ IN C � Z N U mill O N o a ®r Y y x R + p r y y L q * r d oomo �=0 oe0--9. = o0 Noo�No �vsi G ON�N $==2 m t7 1p1 _e=o V'O U'p =o Up o C no .a N Ig ,On c D O d z N O N '� C O iD N tp Q b 1^ryD w OI Q C 9 o� W - € _o D el u o n= D E c y o' o c E` .' m D a —U' G a H D a., O w •L O: f > > m 0 w a e w z$ o m n a¢ p =o N N N N N N N E O N n ;-indicates Required Fields SECTION 1: DEFENSE LOGISTICS AGENCY DISPOSITION SERVICES 74 WASHINGTON AVENUE NORTH BATTLE CREEK, MICHIGAN 49037-3092 Law Enforcement Support Office (LESO) Application for Participation / Authorized Screeners Letter (This form is for State/Local Law Enforcement Agencies only) *Originating Agency Identifier (ORI) Number (if applicable)Tx 021()0TO *Agency Name: (Brazos County Sheriffs Office ) *Agency Physical Address: 1700 W SH 21 *city: Bryan *NCIC P.O. Box or address (if different than above i.e. Terminal Location): NA *Phoned: (979) 361-4900 Fax d: (979) 361-4999 *State: *zip Code: 77803 *Email: ghouse@brazoscountytx.gov Note: Email is needed for rx� automated system notifications. Agency MUST have at least i full-time officer to participate In the program. Indicate the number of compensated officers with arrest and apprehension authority. Part-time field MUST be filled in: N/A, 0 or- Is acceptable. *Full-time: 105 *Part-time: RTD Screener - RTD Screeners must be employed by the aforementioned LEA. Individuals identified below may request access to act as an authorized "RTD Screener" on behalf of this Law Enforcement Agency. Agency MUST have at least 1 RTO Screener. Training Coordinator/Sergeant Garrett lHouse •d1 *Official Title / Rank *First Name *Last Name ghouse@brazoscountytx.gov (979) 361-4949 ALL I *Email *Phone Number POC (Aircraft/Small Arms/Vehicle) Chief Deputy —� Jim —� Stewart r E d2 *Official Title / Rank *First Name *Last Name wstewart@brazoscountytx.gov (979) 361-4992 *Email *Phone Number POC (Aircraft/Small Arms/Vehicle) Lieutenant �� Paul Martinez d3 *Official Title / Rank *First Name *Last Name pmartiinez@braziosooun4O.gov (979) 361-4992 *Email *Phone Number POC (Aircraft/Small Arms/Vehicle) #4 *Official Title / Rank *First Name *Last Name *Email *Phone Number POC (Aircraft/Small Arms/Vehlcle) Page 1 of 2 vol P g'_ (Application Version: Oct 11, 2028) Brazos County !- Department Purchasingpart e 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 uancTc'tcr's.-'C-o'u'ntVjud2� IMP 7�4 GUARVIANWID GUARDIAN RFID SYSTEM AGREEMENT THIS GUARDIAN RFID SYSTEM AGREEMENT (the "Agreement') is entered into as of November 1, 2019 ("Effective Date") by and between Codex Corporation d/b/a GUARDIAN RFID, a Minnesota corporation ("GUARDIAN RFID"), having its principal place of business at 6900 Wedgwood Rd. N, Suite 325, Maple Grove, MN 55311 and Brazos Co. Sheriffs Office, by in through The Brazos County, ("Customer"), having Its Drincioal Dlace of business at 1700 Hwy 21 W., Bryan, TX 77803. WHEREAS, GUARDIAN RFID provides a system comprised of software, hardware, support services and a web -based software as a service platform to deliver a wide range of inmate management, monitoring and tracking solutions (the "GUARDIAN RFID System'). WHEREAS, GUARDIAN RFID and the Customer previously entered into an agreement governing the implementation and use of the GUARDIAN RFID System (the "Prior Agreement"). WHEREAS, Customer desires to continue using the GUARDIAN RFID System by licensing the software, purchasing the hardware and support services, and obtaining rights to use the web -based software as a service platform pursuant to this Agreement. NOW THEREFORE, the parties agree as follows: 1. DEFINITIONS (a) "Additional Components" means any components, such as hardware or software, that are not specifically provided under the terms of this Agreement, including, but not limited to, networking equipment, workstations, servers for third party systems, mobile workstations or laptops, and the Customer's Third Party Software. (b) "Agreement' has the meaning provided in the recitals. (c) "Authorized Customer Personnel" means employees, partners, members, owners, agents or affiliates of the Customer (including any third party to whom the Customer has outsourced all or part of its operations) who need to use the GUARDIAN RFID System in the performance of their duties or collaboration with the Customer, who have agreed to abide by the terms of this Agreement and who have agreed in writing to be bound by the terms of the Confidentiality provisions of this Agreement in Section 13, either by means of an agreement directly with GUARDIAN RFID or pursuant to an agreement with the Customer which restricts the use of the Confidential or Proprietary Information received as an employee, partner, member, owner or affiliate of the Customer. In no case will the term "Authorized Customer Personnel" include any competitor of GUARDIAN RFID. (d) "Authorized GUARDIAN RFID Personnel" means officers, employees, partners, members, owners, agents "or affiliates of GUARDIAN RFID who provide services to the Customer under the terms of this Agreement. (e) "Confidential or Proprietary Information" means any information or data disclosed by either -GUARDIAN RFID or the Customer to the other party, including, but not limited to, the terms of this Agreement, negotiations and discussions relating to this Agreement, the Prior Agreement, the negotiations and discussions relating to the Prior Agreement, and any of the following which relate directly or indirectly to the Disclosing Party's products, services or business: GUARDIAN RFID System Agreement Renewal 11 ©2018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark. Confidential & Proprietary. (Rev. V201 8) Vol. 3 ) U pg, 7E§ GuARniANRFID (E) technology, ideas, concepts, drawings, designs, inventions, discoveries, improvements, patents, patent applications, specifications, trade secrets, prototypes, processes, notes, memoranda and reports, or (1E) visual representations concerning the Disclosing Party's past, present or future research, technology, know-how, and concepts, or (iii) computer programs, software code, written documentation, products, information concerning vendors, members, customers, prospective customers, employees and prospective employees, market research, sales and marketing plans, distribution arrangements, financial statements, financial Information, financing strategies and opportunities and business plans, In addition, the term "Confidential or Proprietary Information" shall include any information disclosed pursuant to any confidentiality or nondisclosure agreement entered into by the parties In contemplation of entering into the business relationship evidenced by this Agreement or the Prior Agreement. (f) "Customer" has the meaning provided in the recitals. (g) "Customer Indemnified Parties" has the meaning provided in Section 15(a). (h) "Customer Information" means all Confidential or Proprietary Information disclosed by the Customer to GUARDIAN RFID under this Agreement. (E) "Customer's Third Party Software" means any software supplied by the Customer that is purchased or licensed from any source external to GUARDIAN RFID, Including, but not limited to, operating systems, Internet browsers, plug -ins, content -viewing applications, software frameworks for downloaded content, and productivity software. (j) "Defended by GUARDIAN RFIDW Seal" has the meaning provided in Section 12(I). (k) "Disclosing Party" means a party to this Agreement that discloses its Confidential or Proprietary Information to the other party to this Agreement. (1) "Documentation" means all documentation and other materials (including manuals, instructions, training materials, specifications, advertising brochures, promotional materials, flow charts, logic diagrams and other support materials) relating to the operation and functionality of the GUARDIAN RFID Software and GUARDIAN RFID OnDemand. (m) "Effective Date" has the meaning provided in the recitals. (n) "E=xtended Term" has the meaning provided in Section 16(a). (o) "GUARDIAN RFID" has the meaning provided in the recitals. (p) "GUARDIAN RFID Indemnified Parties" has the meaning provided in Section 15(b). (q) "GUARDIAN RFID Information" means Confidential or Proprietary information disclosed by GUARDIAN RFID to the Customer under this Agreement, Including, but not limited to, all Documentation. (r) "GUARDIAN RFiD OnDemand" means the web -based software as a service platform provided by GUARDIAN RFID to the Customer that is used by the Customer to access the server database GUARDIAN RFID System Agreement Renewal 12 ©2018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID Is a U.S. registered trademark. Confidential & Proprietary. (Rev. 212018) VCA. 2>1(..Q pg. �. GUAMA WID that hosts the Information collected by the GUARDIAN RFID System, and is identified as "Platform" under the "Product Family" column of the list of existing GUARDIAN RFID System components being used by the Customer provided in Addendum A. (s) "GUARDIAN RFID Personnel" means any officers, employees, partners, members, owners, agents or affiliates of GUARDIAN RFID. (t) "GUARDIAN RFID Software" means the computer programs in object code form and any Updates, enhancements, modifications, revisions, additions, replacements or conversions thereof owned by GUARDIAN RFID and either identified as "Software" under the "Product Family" column of the list of existing GUARDIAN RFID System components being used by the Customer provided in Addendum A, Installed to enable use of GUARDIAN RFID OnDemand, or subsequently licensed to the Customer. GUARDIAN RFID Software specifically excludes any Third Party Software and the Customer's Third Party Software. (u) "GUARDIAN RFID Software Materials" means the GUARDIAN RFID Software, the media containing the GUARDIAN RFID Software and the Documentation. (v) "GUARDIAN RFID System" has the meaning provided in the recitals, and includes the GUARDIAN RFID Software licensed, the GUARDIAN RFID OnDemand platform licensed for access and use, Hardware sold, Third Party Software used, and services provided by GUARDIAN RFID to the Customer under this Agreement. (w) "Hardware" means all hardware, equipment and other tangible items supplied to the Customer by GUARDIAN RFID under this Agreement, including those items identified as "Hardware" under the "Product Family" column of the list of existing GUARDIAN RFID System components being used by the Customer provided in Addendum A. (x) "Initial Term Fee" means the fee amount listed in Addendum B for use of the GUARDIAN RFID System for the first year after the Effective Date of this Agreement. (y) "Inmate Data" has the meaning provided in Section 9(d). (z) "ODBC" means Open Database Connectivity. (aa)"Receiving Party" means the party to this Agreement that receives Confidentlal-or Proprietary Information from the other party to this Agreement. (bb)"Receiving Party Personnel" means any employees, partners, members, owners or affiliates of the Receiving Party. (cc)"Refresher Training" has the meaning provided in Section 6. (dd)"Renewal Fee" means a fee amount listed in Addendum B attributable to renewing the Agreement for an Extended Term. (ee)"System Administrator" means any person authorized by the Customer to serve as the primary point of contact for systems administration between the Customer and GUARDIAN RFID-.as specified in Section 12(b). (ff) "Term" means the period beginning on the Effective Date and ending on the earliest to occur of (i) the expiration of the Initial Term plus any Extended Term pursuant to Sections 16(a) and 16(b), or (ii) a termination of this Agreement pursuant to Sections 16(b), 16(c) or 16(d). GUARDIAN RFID System Agreement Renewal 13 ©2018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S, registered trademark. confidential & Proprietary. (Rev. 212018) Vol. 311n Pg. a3a 22 GUARviANRFID (gg) "Third Party Software" means any software to be supplied by GUARDIAN RFID under this Agreement that is purchased or licensed from any source external to GUARDIAN RFID for use With or Integration into the GUARDIAN RFID System. Third Party Software specifically does not Include the Customer's Third Party Software. (hh)"Update" means any revision, enhancement, update, correction, security device, limiting device or other modification of the GUARDIAN RFID Software (other than an Upgrade) that GUARDIAN RFID releases or provides after the Effective Date. Such term specifically excludes Upgrades. (ii) "Upgrade" means any commercially released version of the GUARDIAN RFID Software that GUARDIAN RFID releases after the Effective Date which adds new or changed functionalities or features to the GUARDIAN RFID Software or allows the GUARDIAN RFID Software to be compatible with another operating system, and new or enhanced products, modules, components or applications offered by GUARDIAN RFID subsequent to the Effective Date that have a functionality similar to the GUARDIAN RFID Software. 2. LICENSE OF GUARDIAN RFID SOFTWARE MATERIALS (a) License Grant. GUARDIAN RFID hereby grants to the Customer a limited, non-exclusive, terminable, non -transferable license to the GUARDIAN RFID Software Materials, including any Updates provided pursuant to Section 7(a), allowing the Customer and its Authorized Customer Personnel to use solely for the Customer's own business purposes as part of the GUARDIAN RFID System during the Term of this Agreement, in the license amounts set forth in the "Quantity" column of the list of existing GUARDIAN RFID System components being used by the Customer provided in Addendum A. The type of license granted—agency or per device—is described In the "Product" column of the list of existing GUARDIAN RFID System components being used by the Customer provided In Addendum A. Agency licenses grant access to an unlimited number of Authorized Customer Personnel. Per device licenses grant one license per corresponding device purchased. The license granted does not grant the Customer the right to use the GUARDIAN RFID Software Materials except as set forth in this Agreement and does not grant to the Customer any ownership, title or interest in the GUARDIAN RFID Software Materials, other than as specifically set forth in this Agreement. By executing this Agreement, the Customer is retroactively granted a license to any GUARDIAN RFID Software Materials used under the Prior Agreement, with such license considered effective only during the term of such Prior Agreement, subject to the same terms and conditions of the license provided by this Agreement. In no event shall the license granted to any GUARDIAN RFID Software Materials used under the Prior Agreement be deemed to be more expansive than the license granted under this Agreement. (b) C_ opies. The Customer may reproduce as many copies of the Documentation as the Customer reasonably deems appropriate to support Its use of the GUARDIAN RFID System. The Customer must reproduce all confidentiality, proprietary, copyright and similar notices and disclaimers on any copies made pursuant to this Section. (c) Restrictions on Usage. The Customer will not decompile, or create by reverse engineering or otherwise, the source codes from the object code for the GUARDIAN RFID Software provided under this Agreement, adapt the GUARDIAN RFID Software in any way or use it to create a derivative work. GUARDIAN RFID will not be responsible in any way for performance of the GUARDIAN RFID Software if the GUARDIAN RFID has been modified, except as modified by GUARDIAN RFID. 3. SALE OF HARDWARE From time to time, additional Hardware consumables (e.g., wristbands, RFID wall readers, mobile device readers, etc.) may need to be purchased by the Customer in order to continue using the GUARDIAN RFID System Agreement Renewal 14 ©2018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark. Confidential & Proprietary. (Rev. 212018) Vol._Nu��uPg• F�_2 7UAROIANRFID GUARDIAN RFID System. The purchases of some Hardware consumables (e.g., mobile device readers, etc.) may require the purchase of additional licenses for GUARDIAN RFID Software and Third Party Software. In the event of additional purchases of Hardware consumables and any corresponding licenses, the Customer shall acquire such additional Hardware and licenses directly from GUARDIAN RFID, and GUARDIAN RFID will Invoice the Customer for amounts due for such additional Hardware consumables and corresponding licenses. The Customer will be responsible for paying amounts related to the purchases of additional Hardware consumables and corresponding licenses in accordance with the provisions of Section 8 of this Agreement. Such additional purchases may also cause an increase in the Renewal Fees provided in Addendum B. In such case, GUARDIAN RFID will provide the Customer with an updated Addendum B at the time of such additional purchases, which will automatically amend and replace Addendum B. 4. USE OF THIRD PARTY SOFTWARE (a) Third Party Software. Subject to the terms of this Agreement, GUARDIAN RFID will install or otherwise allow the Customer to use the Third Party Software as part of the GUARDIAN RFID System. The Customer's use of the Third Party Software is subject to any terms and conditions set forth by the owner of the Third Party Software. By executing this Agreement, the Customer is retroactively granted permissions to use any Third Party Software that was part of the GUARDIAN RFID System under the Prior -Agreement, with such permitted use considered effective only during the term of such Prior Agreement, subject to the same terms and conditions of the use allowed by this Agreement. In no event shall the permission to use any Third Party Software that was part of the GUARDIAN RFID System under the Prior Agreement be deemed to be more expansive than the use allowed under this Agreement. (b) Restrictions on Usage. The Customer will not decompile, or create by reverse engineering or otherwise, the source codes from the object code for any Thud Party Software provided under this Agreement, adapt the Third Party Software in any way or use it to create a derivative work. S. GUARDIAN RFID ONDEMAND (a) Grant of Access. GUARDIAN RFID hereby grants to the Customer a limited, non-exclusive, terminable, non -transferable license to access and use GUARDIAN RFID OnDemand solely for the Customer's own business purposes as part of the GUARDIAN RFID System during the Term of this Agreement. The license granted does not grant the Customer the right to use GUARDIAN RFiD OnDemand except as set forth in this Agreement and does not grant to the Customer any ownership, title or interest in GUARDIAN RFiD OnDemand, other than as specifically set forth in this Agreement. GUARDIAN RFID OnDemand will Interact with the Customer's existing jail management system to automatically share inmate demographic and housing assignment data. The Customer is being granted access to GUARDIAN RFID OnDemand for an unlimited number of Authorized Customer Personnel. The System Administrator will be responsible for providing and removing access to GUARDIAN RFID OnDemand for Authorized Customer Personnel. By executing this Agreement, the Customer is retroactively granted a license to access and use GUARDIAN RFiD OnDemand under the Prior Agreement, with such license considered effective only during the term of such Prior Agreement, subject to the same terms and conditions of the license provided by this Agreement. In no event shall the license granted to access and use GUARDIAN RFID On Demand under the Prior Agreement be deemed to be more expansive than the license granted under this Agreement. (b) Restrictions on Usage. (i) GUARDIAN RFID reserves the right, in its sole discretion, to limit the Customer's and any Authorized Customer Personnel's use of GUARDIAN RFID OnDemand in the event that GUARDIAN RFID System Agreement Renewal 15 02018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark. Confidential & Proprietary. (Rev. 212018) Vol. � ....pg:_ GUAIWIANRFID GUARDIAN RFID determines that the Customer's or any Authorized Customer Personnel's use is inconsistent with this Agreement. (ii) The Customer and any Authorized Customer Personnel may not use GUARDIAN RFID OnDemand for any purpose that is unlawful or that is prohibited by the terms of this Agreement. The Customer and any Authorized Customer Personnel may not attempt to gain unauthorized access to any part of GUARDIAN RFID OnDemand, other accounts, computer systems or networks connected to any part of GUARDIAN RFID OnDemand through hacking, password mining or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available through GUARDIAN RFID OnDemand. (iii) The Customer will not (A) copy, reproduce, alter, modify, transmit, perform, create derivative works of, publish, sub -license, distribute, or circulate GUARDIAN RFID OnDemand; (B) disassemble, decompile, or reverse engineer the software used to provide GUARDIAN RFID OnDemand, or copy or catalog any materials or information made available through GUARDIAN RFID OnDemand other than as permitted under this Agreement; or (C) take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair GUARDIAN RFID OnDemand's control or security systems, or allow or assist a third party to do so. (iv) The Customer will not, and will not allow any party other than GUARDIAN RFID, perform "write" operations directly to or on the GUARDIAN RFID OnDemand server or database, such as by using an ODBC driver, without the express written consent of GUARDIAN RFID. 6. TRAINING At the Customer's request, GUARDIAN RFID Technologies will provide training to introduce additional Authorized Customer Personnel to GUARDIAN RFID or refresh existing Authorized Customer Personnel on best practices in using the GUARDIAN RFID System (the "Refresher Training"). Any Refresher Training will be coordinated via online meetings. The fees under this Agreement do not contemplate Refresher Training at the Customer's premises. In the event that the Customer desires that the Refresher Training be conducted at the Customer's premises, the parties will negotiate in good faith to mutually agree upon a price. 7. MAINTENANCE AND SUPPORT (a) GUARDIAN RFID Software Updates. GUARDIAN RFID will make available to the Customer all Updates. Those Updates will be provided at no additional charge to the Customer, remain the property of GUARDIAN RFID, and will be licensed to the Customer as part of the GUARDIAN RFID Software under this Agreement. Updates will be provided on an as -available basis and, subject to Section 12(g), will be Installed remotely by GUARDIAN RFID at a time chosen by GUARDIAN RFID, provided that GUARDIAN RFID has communicated that time via email or telephone call to an appropriate contact at the Customer at least 24 hours prior to such Update installation date. The obligation of GUARDIAN RFID to provide Updates pursuant to this Section shall not extend to Upgrades, which the Customer may purchase by executing an amendment to this Agreement pursuant to Section 20(b). (b) GUARDIAN RFID OnDemand Hosting Maintenance. GUARDIAN RFID will maintain the servers necessary to host GUARDIAN RFID OnDemand, allow the GUARDIAN RFID Software to interact with GUARDIAN RFID OnDemand, and store data under this Agreement.. (c) Telephone and Email Support. GUARDIAN RFID will provide telephone and email support, available Monday -Friday during the hours of 8 a.m. to 5 p.m. Central time, excluding federal GUARDIAN RFID System Agreement Renewal 16 ©2018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID Is a U.S. registered trademark. Confidential & Proprietary. (Rev. 212018) Vol. 31 In pg. MA 211 GUARD ANWID holidays, for the GUARDIAN RFID Software licensed under this Agreement and GUARDIAN RFID OnDemand and will maintain a support center database to track any reported issues. For weekends and federal holidays, GUARDIAN RFID will provide a contact number in the event of an emergency. Provided that Updates to the GUARDIAN RFID Software have been made available to the Customer, no support will be provided for any earlier version of GUARDIAN RFID Software if more than thirty (30) days have elapsed since GUARDIAN RFID provided the Customer with an end of life notice for that earlier version of the GUARDIAN RFID Software. In addition, the technical support for GUARDIAN RFID OnDemand does not include support for the Customer's jail management system unrelated to GUARDIAN RFiD OnDemand, such as any of the Customer's Third Party Software. The telephone and email support provided under this Section does not Include custom programming services or training. (d) Maintenance and Support Availability. GUARDIAN RFID will provide the maintenance and support described in this Section 7 until this Agreement expires or is terminated. 8. FEES AND PAYMENT TERMS (a) Fees. The Customer will pay GUARDIAN RFID the fees in the amounts specified in Addendum B. (b) Payment Terms. GUARDIAN RFID will invoice the Customer for amounts due under this Agreement after the occurrence of the applicable events specified in Addendum B. The Customer will pay any invoice received from GUARDIAN RFID within thirty (30) days after the date of that invoice. If the Customer fails to pay an amount due within thirty (30) days after the applicable invoice date, the Customer will pay late charges of one and one half percent (1.5%) or the highest amount allowed by law, whichever is lower, per month on such balance, together with all of GUARDIAN RFID's expenses, collection costs and reasonable attorneys' fees incurred in collecting amounts due under this Agreement. (c) Taxes. The Customer will pay or reimburse GUARDIAN RFID for sales and use taxes, where applicable, and any other governmental charges levied, imposed or assessed on the use of the GUARDIAN RFID System or on this Agreement, excluding, however, ordinary personal property taxes assessed against or payable by GUARDIAN RFID, taxes based upon. GUARDIAN RFID's net income, and GUARDIAN RFID's corporate franchise taxes. GUARDIAN RFID will furnish to the Customer invoices showing separately itemized amounts due under this Section. 9. INTELLECTUAL PROPERTY RIGHTS - (a) GUARDIAN RFID Intellectual Property. (1) Except for the rights expressly granted to the Customer under this Agreement, GUARDIAN RFID will retain all right, title and interest in and to the GUARDIAN RFID Software Materials and GUARDIAN RFID OnDemand, including all worldwide technology and intellectual property and proprietary rights. (ii) With the exception of the Hardware purchased pursuant to this Agreement, GUARDIAN RFID retains title to any other deliverables under this Agreement, including, but not limited to, all copies and audiovisual aspects of the deliverables and all rights to patents, copyrights, trademarks, trade secrets and other intellectual property rights in the deliverables. (iii) Any and all trademarks and trade names which GUARDIAN RFID uses in connection with this Agreement are and shall remain the exclusive property of GUARDIAN RFID. Nothing in this Agreement will be deemed to give the Customer any right, title or interest in any trademark or trade name of GUARDIAN RFID. GUARDIAN RFID System Agreement Renewal 17 ©2018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID Is a U.S. registered trademark. Confidential & Proprietary. (Rev: 212018) Vol. 2AlQ p9. F:§2 GUAMANWID (Iv) GUARDIAN RFID expressly reserves any rights not expressly granted to the Customer by this Agreement. (v) The Customer shall not remove, efface or obscure any confidentiality, proprietary, copyright or similar notices or disclaimers from any GUARDIAN RFID Software Materials, GUARDIAN RFID OnDemand or any materials provided under this Agreement. (b) GUARDIAN RFID Information. GUARDIAN RFID retains ownership of all GUARDIAN RFID Information. (c) Customer Information. The Customer retains ownership of all Customer Information. (d) Inmate Data. The Customer owns any inmate management, monitoring and tracking data collected as part of the GUARDIAN RFID System ('Inmate Data"). Prior to the expiration or termination of this Agreement, the Customer may access the Inmate Data by either running a report on GUARDIAN RFID OnDemand and exporting the Inmate Data, or requesting that GUARDIAN RFID run a report and send the Customer the Inmate Data. Unless otherwise directed by the Customer, GUARDIAN RFID will maintain a copy of the Inmate Data for up to one (1) year after expiration or termination of this Agreement. Upon request of the Customer made within one (1) year after the expiration or termination of this Agreement, GUARDIAN RFID will run a report and send the Customer the Inmate Data in spreadsheet form. 10. REPRESENTATIONS of GUARDIAN RFID (a) No Infringement. GUARDIAN RFID represents to the Customer that: (1) GUARDIAN RFID owns or otherwise has the rights in the GUARDIAN RFID Software Materials and has the full legal right to license the GUARDIAN RFID Software Materials in accordance with this Agreement; and (ii) GUARDIAN RFID has no actual knowledge that the GUARDIAN RFID Software Materials infringe or misappropriate any patent, trademark, copyright or any trade secret or proprietary right of any person or entity. (b) Condition of Hardware. GUARDIAN RFID represents to the Customer that, at the time of delivery, any Hardware will -be new and unused and that the Customer will acquire good and clear title to such Hardware, free and clear of all liens and encumbrances. 11. WARRANTIES (a) GUARDIAN RFID Software. (1) GUARDIAN RFID warrants that, during the Term of this Agreement, the GUARDIAN RFID Software will operate in accordance with and otherwise conform to the Documentation, provided that (A) no party other than Authorized GUARDIAN RFID Personnel has altered any portion of the GUARDIAN RFID Software, (B) the GUARDIAN RFID Software is operated on the Hardware and (C) the Customer has met its obligations under -Section 12. (ii) In the event of a claim by the Customer under this GUARDIAN RFID Software warranty, which claim should be made by notice to GUARDIAN RFID specifying with reasonable particularity the claimed non -conformity, GUARDIAN RFID will use reasonable efforts to correct the non -conformity. If within sixty (60) days after receipt of the notice of non- conformity from the Customer, GUARDIAN RFID shall not have either corrected the non- conformity or, in the case of a non -conformity which cannot be corrected in sixty (60) days, GUARDIAN RFID System Agreement Renewal 18 ©2018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark __- Confidential & Proprietary. (Rev. 212018) Voi. 31 Pg. 33 �90UARDIANRFID begun in good faith to correct the non -conformity, then the Customer's sole remedy under this warranty is to terminate the Agreement in accordance with the provisions of Section 16(d), in which case the notice of non -conformity sent by the Customer pursuant to this Section will be deemed to be the notice required by Section 16(d). In no circumstances will GUARDIAN RFID be obligated to provide a refund of fees paid under the Agreement or be obligated to accept the return of Hardware or other products purchased from GUARDIAN RFID. (b) Hardware. All Hardware warranties provided by the manufacturer will be passed through to the Customer, GUARDIAN RFID will be solely responsible for processing and managing of all Hardware warranty claims during the Term of this Agreement. (0) DISCLAIMER OF OTHER WARRANTIES. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION, GUARDIAN RFID DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, PARTICULARLY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, GUARDIAN RFID DOES NOT GUARANTEE THAT THE GUARDIAN RFID SYSTEM WILL BE ACCESSIBLE ERROR -FREE OR UNINTERRUPTED. THE CUSTOMER ACKNOWLEDGES THAT GUARDIAN RFID DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT ACCESS TO THE GUARDIAN RFID SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. GUARDIAN RFID IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. 12. CUSTOMER OBLIGATIONS (a) Access to Premises and Authorized Customer Personnel. The Customer will provide GUARDIAN RFID with reasonable and timely access to the Customer's premises and Authorized Customer Personnel necessary for GUARDIAN RFID to perform its obligations under this Agreement. (b) System Administrator. The Customer will name one or more system administrators to serve as a primary point(s) of contact between the Customer and GUARDIAN RFID with respect to system administration (each, a "System Administrator"). At least one System Administrator must be available at all times. The Customer will ensure that the System Administrators possesses the appropriate technology and public safety knowledge and skills to perform this role sufficiently. (c) Hardware Installation. The Customer will be responsible for installing and maintaining all hardware not specified under this Agreement to be installed or maintained by GUARDIAN RFID. (d) Customer's Third Party Software. The Customer will be responsible for installing, maintaining and updating all of the Customer's Third Party Software. (e) Facility Condition. The Customer will be responsible for performing any actions not specifically delegated to GUARDIAN RFID under this Agreement that are required to keep the facility in sufficient condition for operation of the GUARDIAN RFID System, including, but not limited to, providing appropriate uninterrupted power, air conditioning, sufficient space, electrical drops, network and physical security, network equipment, network drops, and other similar items. (f) System Configuration. The Customer -will make appropriate subject matter experts available to perform GUARDIAN RFID System configuration tasks as assigned. (g) System Updates. The Customer will work In good faith to allow GUARDIAN RFID to timely install Updates as requested by GUARDIAN RFID. (h) Other Server Maintenance. Other than as provided in Section 7(b), the Customer is responsible for all general maintenance of the Customer's servers, including data backups, operating system GUARDIAN RFID System Agreement Renewal 19 ©2018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark. Confidential & Proprietary. (Rev. 212018) Vol. 2AU Pg. �� Fw§lm GUARDIANWID updates, virus protection, database software updates, and other general performance of the Customer's servers. (1) Warranty Requests. The Customer will submit all Hardware warranty claims to GUARDIAN RFID for processing and managing, and promptly respond to any requests from GUARDIAN RFID for information or cooperation related to those warranty claims. (j) Additional Components. If the Customer desires Additional Components for use with the GUARDIAN RFID System, the Customer will be solely responsible for obtaining and supporting such Additional Components. The Customer expressly agrees that GUARDIAN RFID will have no responsibility under this Agreement for obtaining or supporting those Additional Components. (k) Third Party Costs. The Customer will be solely responsible for any third party costs related to the implementation of the GUARDIAN RFID System. The Customer expressly agrees that GUARDIAN RFID will have no responsibility under this Agreement for any third party'costs related to the implementation of the GUARDIAN RFID System, including, but not limited to, any third party costs associated with the implementation of any Additional Components or any of the Customer's Third Party Software. (1) Usage Seal. The Customer will, no later than fourteen (14) days after the Effective Date, display the Defended by GUARDIAN RFIDTm Seal on the Customer's website and link the Defended by GUARDIAN RFIDTm Seal to the GUARDIAN RFID website (hftps://www.guardianrfid.com). For avoidance of doubt, the "Defended by GUARDIAN RFID'rm Seal' is as follows, a digital copy of which can be obtained from GUARDIAN RFID support: D E F E N D E D B V https:l/www.guardianrfd.com In addition, the Customer may, but is not required, to include some or all of the following additional information about GUARDIAN RFID on the Customer's website: [Insert Customer's Proper Name] uses GUARDIAN RFID to manage, monitor, and track Inmates in -custody. Radio frequency identification (RFID) technology is used to ensure staff and inmate compliance, and optimizes our data collection and reporting responsibilities as mandated by state and national corrections standards. Inmates are required to wear non -implantable devices at all times. Any incident of non- compliance will not be tolerated and an inmate will be subject to fines_ and disciplinary action, including prosecution. All systems and devices using RFID technology are designed, tested, and manufactured to comply with Federal Communications Commission (FCC) regulations. RF energy levels generated are similar to those found In consumer electronics. Inmate -worn devices are hypoallergenic. RF -based inmate identification is the exclusive property of [Insert Customer's Proper Name]. 13. CONFIDENTIALITY (a) Use and Handling of Confidential or Proprietary Information. The Receiving Party shall keep the Confidential or Proprietary Information confidential, shall use such information solely for performing its obligations under this Agreement, and shall not disclose to any persons or entities GUARDIAN RFID System Agreement Renewal 110 ©2018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark. Confidential & Proprietary. (Rev. 212018) Vol. pg, F�-S GUARDTANRFID any of the Confidential or Proprietary Information without the prior written consent of the applicable Disclosing Party. The Receiving Party shall make the Confidential or Proprietary Information available only to Receiving Party Personnel who have a demonstrable need for such information, provided that the Receiving Party has informed all such Receiving Party Personnel of the Receiving Party's obligations under this Agreement and such Receiving Party Personnel have agreed in writing to be bound by the terms of this Agreement, either by means of an agreement directly with the Disclosing Party or pursuant to an agreement with the Receiving Party which restricts the use of the Confidential or Proprietary information received as Receiving Party Personnel. In accepting any Confidential or Proprietary Information disclosed to the Receiving Party under this Agreement, the Receiving Party agrees to preserve the confidentiality of such information with at least the same degree of care as that taken by the Receiving Party to preserve and protect its own Confidential or Proprietary Information, in no case less than a reasonable degree of care. The Receiving Party agrees to maintain adequate safeguards and procedures to prevent the theft, loss or dissemination of any of the Confidential or Proprietary Information, and, In the event of any such theft, loss or dissemination, shall notify the Disclosing Party immediately. (b) Exceptions to Confidential Treatment. The Receiving Party shall not be obligated to maintain any information in confidence or refrain from use if: (1) the information was lawfully in the Receiving Party's possession or was known to it prior to its disclosure from the Disclosing Party as evidenced by written records; (ii) the information is, at the time of disclosure, or thereafter becomes public knowledge without the fault of the Receiving Parry (provided, however, that the act of copyrighting, patenting or otherwise publishing or aiding in publication by the Disclosing Party shall not cause or be construed as causing the copyrighted materials or patented technologies to be in the public domain); (iii) the information is or becomes rightfully available on an unrestricted basis to the Receiving Party from a source other than the Disclosing Party which did not acquire the same under an obligation of confidentiality to the Disclosing Party; (iv) the information becomes available on an unrestricted basis to a third party from the Disclosing Party or from someone acting under its control: (v) disclosure is required by subpoena or pursuant to a demand by any governmental authority; or (vi) disclosure is required by open records laws, such as the federal Freedom of Information Act or similar state "sunshine" laws. Before relying on the exceptions of this Section 13(b), and disclosing any Confidential or Proprietary Information, the Receiving Party shall notify the Disclosing Party in writing of its intent to do so, and give the Disclosing Party a period of fifteen (15) days to object or otherwise take action to protect its rights and Interest in such information, provided that if the exception being relied upon is Section 13(b)(vi), then such fifteen (15) day period will be extended to be the maximum amount of time allowed pursuant to the applicable open records law.- - (c) Return of Materials. Upon request from the Disclosing Party, the Receiving Party shall immediately return to the Disclosing Party all copies of Confidential or Proprietary Information received under this Agreement; and all copies of notes, reports, or other documents or materials that reflects such Confidential or Proprietary Information provided, however, that if the Disclosing Party requests, the Receiving Party shall immediately destroy all Confidential or Proprietary Information and certify such destruction to the Disclosing Party. GUARDIAN RFID System Agreement Renewal 111 ©2018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark. Confidential & Proprietary. (Rev. =018) .22 SUARDIANWID (d) Confidentiality Remedies. The Receiving Party acknowledges that any breach of the provisions of this Section 13 could result in immediate and irreparable injury to the Disclosing Party for which an award of money damages would be inadequate. The Receiving Party agrees, therefore, that the Disclosing Party shall have the right to seek equitable relief including an injunction to specifically enforce the terms of this Section 13, and to obtain any other legal or equitable remedies that may be available to it. In the event of any breach by the Receiving Party of this Section 13, the Receiving Party agrees to pay reasonable costs and legal fees incurred by the Disclosing Party in pursuit of any of its rights under this Section 13, in addition to any damages sustained by the Disclosing Party by reason.of such breach, provided that the Disclosing Party prevails in the suit, action or proceeding in which such costs and fees were incurred. 14. LIMITATION OF LIABILITY J IN NO EVENT WILL GUARDIAN RFID'S LIABILITY TO THE CUSTOMER FOR DAMAGES UNDER THIS AGREEMENT, INCLUDING GUARDIAN RFID'S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, EXCEED THE AMOUNT OF FEES PAID BY THE CUSTOMER UNDER THIS AGREEMENT. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THEIR RESPECTIVE OBLIGATIONS UNDER THIS AGREEMENT. 15. INDEMNIFICATION (a) Indemnification by GUARDIAN RFID. GUARDIAN RFID will defend, indemnify, and hold harmless the Customer and the Authorized Customer Personnel (the "Customer Indemnified Parties"), from and against all costs, charges and expenses (including attorneys' fees) arising from any third party claim, action, suit, or proceeding against any Customer Indemnified Party that is based on: (i) any claim that the GUARDIAN RFID Software infringes a patent, copyright or other proprietary right or violates a trade secret; and (ii) any gross negligence, willful misconduct or fraud of GUARDIAN RFID or Authorized GUARDIAN RFID Personnel. (b) Indemnification by the Customer. The Customer will defend, indemnify, and hold harmless GUARDIAN RFID and any GUARDIAN RFID Personnel ("GUARDIAN RFID Indemnified Parties'), from any and all costs, charges and expenses (including attomeys' fees) which result from any third party claim, action, suit, or proceeding against any GUARDIAN RFID Indemnified Party that is based on: (1) the Customer's use of the GUARDIAN RFID Software or GUARDIAN RFID OnDemand other than as permitted under this Agreement; and (ii) any gross negligence, willful misconduct or fraud of the Customer or officials, employees, partners, members, owners, agents or affiliates of the Customer. 16. TERM AND TERMINATION (a) Term. The Initial term of this Agreement shall begin on the Effective Date and extend to the first anniversary of the Effective Date (the "Initial Term"). After the initial Term, subject to Section 16(b), this Agreement will be automatically renewed for up to four (4) -additional one-year (1 -year) periods (each such period, a "Term"). (b) Termination for Convenience. This Agreement may be terminated for convenience by either party by providing notice sixty (60) days prior to the end of any Term, as applicable. Such termination will be effective as of the end of such Term, as applicable. (c) Termination by GUARDIAN RFID for Cause. (i) GUARDIAN RFID may terminate this Agreement immediately and discontinue any of its obligations under this Agreement by notice to the Customer if: GUARDIAN RFID System Agreement Renewal 112 02018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark. Confldentlal & Proprietary. (Rev. 212018) GUAMANWID (A) the Customer ceases to actively conduct its business, files a voluntary petition for bankruptcy or has filed against it an Involuntary petition for bankruptcy, makes a general assignment for the benefit of its creditors, or applies for the appointment of a receiver or trustee for substantially all of its property or assets or permits the appointment of any such receiver or trustee; (B) the Customer attempts, without the consent of GUARDIAN RFID, to assign its rights and obligations under this Agreement, in whole or in part, whether by merger, consolidation, assignment, sale of stock, operation of law or otherwise; or (C) the Customer fails to comply with the terms of the license of GUARDIAN RFID Software Materials provided in Section 2, the terms of the license to access and use GUARDIAN RFID OnDemand provided in Section 5, the provisions regarding GUARDIAN RFID's intellectual property rights in Section 9(a) and 9(b), or the Confidentiality provisions of Section 13. (ii) GUARDIAN RFID may terminate this Agreement upon thirty (30) days' notice to the Customer if the Customer breaches its obligation to pay any fee or otherwise.materially breaches any provision of this Agreement not otherwise specified in Section 16(c)(1) and fails to cure such breach within such notice period. (d) Termination by the Customer for Cause. The Customer may terminate this Agreement upon sixty (60) days' notice to GUARDIAN RFID if GUARDIAN RFID materially breaches any provision of this Agreement and fails to cure such breach within such notice period, provided, however, that if such breach cannot be cured within sixty (60) days and GUARDIAN RFID has begun in good faith to cure such breach, then GUARDIAN RFID shall have an additional period of sixty (60) days to cure_ such breach. This provision shall apply in the event that GUARDIAN RFID is unable to correct a non -conformity pursuant to Section 11(a)(ii) of this Agreement. (e) Post -Termination Rights and Obligations. (i) Upon expiration or termination of this Agreement, the grant of the license of the GUARDIAN RFID Software Materials, the grant of access to GUARDIAN RFID OnDemand and all other rights granted to the Customer under this Agreement will immediately terminate and revert to GUARDIAN RFID and the Customer must discontinue all use of the GUARDIAN RFID Software Materials and GUARDIAN RFID OnDemand. (ii) The following shall survive the expiration or termination of this Agreement: (A) The provisions of Sections 9 ("Intellectual Property Rights"), 13 ("Confidentiallty"),14 ("Limitation -of -Liability"), 1-5 ('Indemnification") and 19 ("Non -Disparagement"); (B) The provisions of Section 8 ("Fees and Payment Terms"), with: respect to fees incurred prior to the expiration or termination of the Agreement and with respect to fees accelerated in connection with such expiration or termination; and (C) The Customer's obligation to pay any fees incurred prior to the expiration or termination . of the Agreement or accelerated in connection with such expiration or termination. 17. INSURANCE (a) Types of Insurance. GUARDIAN RFID will maintain in full force and effect insurance of the following kinds and amounts, and meeting the other requirements set forth in this Section. GUARDIAN RFID System Agreement Renewal 113 02018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID Is a U.S. registered trademark. Confldentlal & Proprietary. (Rev. 212018) Vol. 3pg. a� 8 GUARDIANWID (i) Commercial General Liability Insurance. Occurrence based commercial general liability insurance or equivalent form with a limit of not less than $1,000,000 for each occurrence plus an umbrella policy of not less than $4,000,000, for a total of $5,000,000 for each occurrence. If such insurance contains a general aggregate limit it will apply separately to this Agreement or be no fess than two times the occurrence limit. (ii) Occurrence Based Products and Completed Operations Liability Insurance. Products and completed operation liability insurance with a limit not less than $2,000,000 for each occurrence/$2,000,000 general aggregate. (iii) Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a limit of not less than $1,000,000 for each accident. Such insurance will include coverage for owned, hired and non -owned vehicles. (Iv) Workers' Compensation Insurance. Workers' compensation insurance or equivalent form with limits not less than: (A) Bodily Injury by Accident: $1,000,000 Each Accident (B) Bodily Injury by Disease: $1,000,000 Each Employee (c) Bodily injury by Disease: $1,000,000 Policy Limit (b) Certificates of insurances. At the Customer's request, GUARDIAN RFID will provide properly executed Certificates of Insurance which will clearly evidence all insurance required in this Agreement and which provide that such insurance may not be canceled, except on thirty (30) days prior written notice to the Customer. 18. INDEPENDENT CONTRACTOR RELATIONSHIP it is expressly understood by the Customer and GUARDIAN RFID that GUARDIAN RFiD will not be construed to be, and is not, an employee of the Customer. GUARDIAN RFID will provide services to the Customer as an independent contractor with control over the time, means and methods for fulfilling its obligations under this Agreement. GUARDIAN RFID further acknowledges that neither it nor any of the Authorized GUARDIAN RFID Personnel is entitled to benefits from the Customer such as holiday time, vacation time, sick leave, retirement benefits, health benefits, or other benefits usually associated with employment with the Customer. 19. NON -DISPARAGEMENT During the Term of the Agreement, and for a period of one (1) year after termination or expiration of the Agreement, each party will refrain from any statements or comments (In oral or written form) that could damage, disparage, or cause injury to the other party's reputation. 20. MISCELLANEOUS (a) Entire Agreement. This Agreement, including its Addenda and documents or other information specifically referenced in this Agreement, constitutes the entire expression of the parties' agreement on the matters contained In this Agreement. All prior and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement. GUARDIAN RFID System Agreement Renewal 114 ©2018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark. Confidential & Proprietary. (Rev. 212018) 2-2 GUARDAANRFID (b) Amendments. The parties may not amend this Agreement except in a writing that each party signs. The terms of such amendment will apply as of the effective date of the amendment, unless the amendment specifies otherwise. (c) Change Orders. Any change orders and out -of -scope work must be agreed to by executing an amendment to this Agreement pursuant to Section 20(b). (d) Waiver. No provision of this Agreement will be waived except pursuant to a writing executed by the party against which the waiver is sought. No waiver will be applicable other than in the specific instance in which it is given. No failure to exercise, partial exercise of, or delay in exercising any right or remedy or failure to require the satisfaction of any condition under this Agreement will operate as a waiver or estoppel of any right, remedy or condition. J (e) Assignment. This Agreement will be binding upon, and the benefits and obligations provided for in this Agreement will inure to, the parties and their respective owners, shareholders, members, heirs, legal representatives, successors and assigns. The Customer may not assign, without the prior written consent of GUARDIAN RFID, which consent will not be unreasonably withheld, the Customer's rights and obligations under this Agreement, in whole or in party, whether by merger, consolidation, assignment, sale of stock, operation of law or otherwise, and any attempt to do so will be deemed a material breach of this Agreement. (f) Notice. Except as otherwise provided in this Agreement, each party giving any notice required under this Agreement will do so in writing and will use one of the following methods of delivery: (j) Delivered personally, with the notice effective upon delivery; (ij) U.S.-recognized overnight courier, with the notice effective at the time delivery is shown in the courier's records; or (iii) Postage prepaid by U.S. registered or certified mail, return receipt requested, with the notice effective upon receipt or upon the date that delivery is attempted and refused. All notices shall be addressed to the parties at the addresses set forth in the recitals of this Agreement, except that either party may designate another notice address in a notice given under this Section. (g) Severability. If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. (h) Remedies. Unless otherwise specified in this Agreement, the rights and remedies of both parties set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity. (1) Construction. This Agreement will be constructed as if drafted by both parties and will not be strictly construed against either party as a result of drafting. Q) Headings. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. (k) No Third Party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties to this Agreement. (1) Force Majeure. Any delay or failure of performance of either party to this Agreement will not constitute a breach of the Agreement or give rise to any claims for damages, if and to the extent GUARDIAN RFID System Agreement Renewal 115 ©2018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark. Confidential & Proprietary. (Rev. 212018) Vol. Cp pg.a-so 2-2 GUARD RFID that such delay or failure is caused by an occurrence beyond the reasonable control of the party affected, including acts of governmental authorities, acts of God, material shortages, wars, riots, rebellions, sabotage, fire, explosions, accidents, floods, strikes or lockouts of third parties, or electrical, Internet, or telecommunication outage that is not caused by the obligated party. If one of the parties intends to invoke this provision, that party will promptly notify the other party of the cause of the delay or failure beyond its reasonable control and will use commercially reasonable efforts to mitigate the resulting delay or failure. This Section does not excuse either party's obligation to take reasonable steps to follow its normal disaster recovery procedures or the Customer's obligation to pay for the GUARDIAN RFID System under this Agreement. (m) Non -Discrimination. GUARDIAN RFID agrees to abide by the requirements of the following as applicable; Title VI of the Civil Rights Act of 1964 and Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, Federal Executive Order 11246 as amended, the Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, the Fair Housing Act of 1968 as amended, and the Americans with Disabilities Act of 1990. GUARDIAN RFID agrees not to discriminate in its employment practices, and will render services under this Agreement without regard to race, color, religion, sex, national origin, veteran status, political affiliation, disabilities, or because of an individual's sexual orientation. Any act of discrimination committed by GUARDIAN RFID, or failure to comply with these obligations when applicable shall be grounds for termination of this Agreement. (n) Export Control. GUARDIAN RFID agrees that if the U.S. export laws are or become applicable, it will not export any of the Customer's data and/or information received under this Agreement to any countries for which the United States government requires an export license or other supporting documentation at the time of export or transfer, unless GUARDIAN RFID has obtained prior written authorization from the appropriate authority responsible for such matters. (o) Governing Law. The laws of the State of Texas, without regard to Texas's choice -of -law principles, govern all matters arising out of or related to this Agreement. GUARDIAN RFID System Agreement Renewal 116 02018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark. Confidential & Proprietary. (Rev. 2/2018) Vol. 31 l 2 pg. GUAMANWID By signing below, GUARDIAN RFID and the Customer each agrees to the terms and conditions of this Agreement and acknowledges the existence of consideration. GUARDIAN RFID By: (signature 'f authorized rep sentative) Name: He N Title: Are-,,; ; c,(e a �-�— Date:. CUSTOMER By:�- (signa ur authorizeddrrepr—e ntative) Name: 1,.. IQ ► .ergs Title: Date: la. O e GUARDIAN RFID System Agreement Renewal 117 ©2018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark. Confidential & Proprietary. (Rev. 2/2018) FF4-:2 GUAIWIANRFID ADDENDUM A EXISTING GUARDIAN RFID SYSTEM COMPONENTS BEING USED BY CUSTOMER Product Product Family* Quantit y GUARDIAN RFID OnDemand — Level 4 Platform 1 GUARDIAN RFID Mobile Command Software 20 GUARDIAN RFID SPARTAN (Rugged Android) Hardware 1 GUARDIAN RFID Hard Tags (Gent) Hardware 200 * Product family categories are Platform, Software, Hardware and Professional Service. GUARDIAN RFID System Agreement Renewal I 18 02018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark. Confidential & Proprietary. (Rev. 2(2018) vol. 31 pg. �3 GUARDiANRFID ADDENDUM B FEE PAYMENT SCHEDULE Invoices will be sent from GUARDIAN RFID to the Customer based on the occurrence of certain events, as follows: Fee Type* Event Occurrence Amount Initial Term Fee Contract Execution $9,950.00 * These amounts do not include any taxes. ** Renewal Fees represent the costs for renewing licenses to use the GUARDIAN RFID System for any Extended Terms and will be increased if the Customer chooses to make additional purchases from GUARDIAN RFID of additional Hardware or licenses for GUARDIAN RFID Software, access and use of the GUARDIAN RFID OnDemand platform, or Third Party Software. In such case, GUARDIAN RFID will provide the Customer with an updated Addendum B at the time of such additional purchases, which will automatically amend and replace this Addendum B. In addition to increases due to those additional purchases, renewal fees may be increased by up to 3.5% annually, provided that GUARDIAN RFID provides notice to the Customer ninety (90) days prior to the end of the Initial Term or the end of any Extended Term, as applicable. GUARDIAN RFID System Agreement Renewal 119 ©2018 GUARDIAN RFID. All rights reserved. GUARDIAN RFID is a U.S. registered trademark. Confidential 8, Proprietary. (Rev. 212018) Vol. Pg. SECTION 2: RESERVED FOR LAW ENFORCEMENT AGENCY USE ONLY Low Enforcement Agency/Activity - The LESO Program defines this as a Governmental agency/activity whose primary function is the enforcement of applicable Federal, State and Local taws and whose compensated Law Enforcement officers have the powers of arrest and apprehension. I certify that my agency meets the definition of a "Law Enforcement Agency/Activity" as described above. I certify that all information contained in this application is valid and accurate. I understand that I must provide my State Coordinator an application to update my agency ✓� participant information if the following information changes: 1. Chief Law Enforcement Official (CLEO) changes, 2. Agency physical address changes or 3. RTD Screener additions/deletions. 0 1 am signing this document as the CLEO of this law enforcement agency. *(Check only one): In my official position or as Acting/Interim, l am authorized to sign documents on behalf of the CLEO for this agency. If checked, please provide current department policy or Memorandum that provides such signature authority to the individual holding that official position. By signing this application, l certify that my Agency will comply with U.S. Code 2576a for all controlled property, which states, With the authorizatlon of the relevant local governing body or authority, that my agency has adopted publically available protocols for the appropriate use of controlled property, the supervision of such use, and the evaluation of the effectiveness of such use, Including auditing and accountability policies, and that It provides annual training to relevant personnel on the maintenance, sustainment, and appropriate use of controlled property. l certify under penalty of perjury that the foregoing Is true and correct. Making o false statement may result In Judicial actions or prosecution under 18 USC 41001. Sheriff 1 Christopher C. Kirk 0 'TITLE 'PRINTED NAME: FIRST & LAST iGNATURE chriskirk@highsheriff.com *EMAIL 'DATE SECTION 3: RESERVED FOR STATE COORDINATORS OFFICE USE ONLY As the State Coordinator/ State Point of Contact It has been determined that the agency meets the definition of a "Law Enforcement Agency/Activity" as described in section 2. I certify that all information contained in this application Is valid and accurate. Mike Lesko *PRINTED NAME FIRST & LAST *SIGNATURE *DATE SECTION 4• RESERVED FOR LESO USE ONLY NOTICE FOR DLA DISPOSITION SERVICES PERSONNEL: Regulatory guidance outlining Screener Identification and Authorization must be accomplished in accordance with DOD 4160.21-M, Volume 3, Enclosure 5, Section 3 (k). in accordance with the aforementioned reference, the LESO Program authorizes the Individuals Identified in Section 1 of this form to screen excess property at your facilities as authorized participants in the LESO Program. This authorized screener letter supersedes all previously issued screener letters for this Law Enforcement Agency/Activity and is valid only on or after the date signed by authorized LESO signatory. Only two Individuals authorized to screen per visit; however, additional personnel may assist receiving material previously screened and approved for transfer. 'This agency is authorized to screen items via the LESO Program under authorized Agency DODAAC: *LESO Authorized Signatory: - `Screener letter is valid one year from this date: LESO Notes: *SIGNATURE Note: Once this screener letter has expired, agency can request a new screener letter (LESO AUTHORIZATION SCREENER LETTER, v.MARCH 2018) only through their SC/SPDC. Page 2 of 2 (Application Version: Oct 11, 2018 Vol. Pg. STATE PLAN OF OPERATION BETWEEN THE STATE OF TEXAS AND THE Brazos County Sheriffs Office I. PURPOSE This State Plan of Operation (SPO) is entered into between the State of Texas and the Brazos County Sheriffs Office , to set forth the terms and conditions which will be binding on the parties with respect to excess Department of Defense (DoD) personal property transferred under 10 U.S.C. § 2576a in order to promote the efficient and expeditious transfer of property and to ensure accountability of the same. IL AUTHORITY The Secretary of Defense is authorized by 10 U.S.C. § 2576a to transfer to Federal and State/Territory Law Enforcement Agencies (LEAs), personal property that is excess to the needs of the DoD, including small arms and ammunition, that the Secretary determines is suitable to be used by such agencies in law enforcement activities, with preferences for counter-drug/counter-terrorism or border security activities, under such terms prescribed by the Secretary. The Secretary of Defense has delegated authority for management of this Program_ to the Defense. Logistics Agency (DLA). DLA defines law enforcement activities as activities performed by governmental agencies whose primary function is the enforcement of applicable Federal, State/Territory, and local laws and whose compensated law enforcement officers have powers of arrest and apprehension. This program is known as the Law Enforcement Support Program and commonly referred to as the "LESO Program" or "1033 Program" and is administered by DLA Disposition Services, Law Enforcement Support Office (LESO). III. GENERAL TERMS AND CONDITIONS A. Operational Authority The Governor of the State of Texas has designated in writing with an effective date of August 31, 2018 to implement this program statewide as well as conduct management and oversight of this program: Funding / Budgeting to administer this program is provided by the Department of Public Safety of the State of Texas. The provided funding is used to support assistance to the LEAs with customer service to include computer / telephone assistance and .physical visits to the LEAs to assist with acquiring access to the LESO Program. The staffing to -provide the support to the LEAs within the State of Texas is as follows: State Coordinator (SC): Mike Lesko State Point of Contact (SPDC): Rolando Ayala Version; July 2018 Vol, Pg. State Point of Contact (SPDC): Laurie Patterson State Point of Contact (SPOC): John Riddick The following is the facility / physical location and business hours to provide customer service to those LEAs currently enrolled, as well as interested participants of the LESO Program: Agency Address / Location: 5805 N. Lamar Blvd, Austin, Texas 78752 E -Mail / Contact Phone Numbers: txlesoprojzram@dps.texas.gov (512) 424-7590 Hours of Operation: 7:00 am — 5:00 pm B. All property is transferred and the recipient (LEA name) Brazos County Sheriff's Office agrees to accept property on an as -is, where -is basis. The DLA has final authority to determine the type, quantity, and allocation of excess DoD personal property suitable for law enforcement activities. C. This agreement creates no entitlement to the State or Territory to receive excess DoD personal property. DLA retains the right to recall any property during the period that it is conditionally transferred. D. The (LEA name) Brazos County Sheriffs Office understands that property made available under this agreement is for the use of authorized program participants only. Authorized participants who receive property from the LESO Program will not loan, donate, or otherwise provide property to other groups or entities that are not otherwise authorized to participate in the Program. Authorized participating agencies may, with prior approval from the State/Territory on a temporary basis, conditionally loan property to another participating agency as their mission requires, utilizing an Equipment Custody Receipt (ECR). Property temporarily loaned will be returned to the LEA responsible for the accountability. All requests for property will be based on bona fide law enforcement requirements. E. Controlled property (equipment) includes any property that has a Demilitarization (DEMIL) Code of B, C, D, E, F, G, and Q3. To receive such property, on an annual basis the LEA will certify (Ref 10 U.S. Code § 2576a): 1) That it has obtained the authorization of the relevant Civilian Governing Body Official (city council, mayor etc.) to participate in the program. 2) That it has adopted publicly available protocols for the appropriate use of controlled property, the supervision of such use, and the evaluation of the effectiveness of such use, including auditing and accountability policies. 3) That it provides annual training to relevant personnel on the maintenance, sustainment, and appropriate use of controlled property. F. The (LEA name) Brazos County Sheriff s Office will maintain and enforce regulations designed to impose adequate security and accountability measures for controlled property to mitigate the risk of loss 2 Version; July 2018 or theft. G. Upon approval of written requests, cannibalization may be performed on approved aircraft, armored vehicles, and High Mobility Multipurpose Wheeled Vehicles (HMN4WVs). Requests will be submitted in writing to the State and approved by the LESO for approval. The cannibalized end item must be returned to DLA Disposition Services within the allotted timeframes determined by the LESO. H. The LESO conditionally transfers all excess Dol) property to States/Territories/LEAs enrolled in the LESO Program. Title or ownership of controlled property will remain with the Dol) in perpetuity and will not be relinquished to the States/Territories/LEAs. When the States/Territories/LEAs no longer have a legitimate law enforcement use for controlled property, the States/Territories/LEAs will notify the LESO and the controlled property must either be transferred to another enrolled LEA (via standard transfer process).or returned to DLA Disposition Services for disposal. The LESO reserves the right to recall controlled and non -controlled property issued through the DLA at any time. I. Property with a DEMIL Code of "A" and "Q" with an Integrity Code of ."6" (Q6) is also conditionally transferred to the State/LEA, yet controlled for one year from the ship date. However, after one year from the ship date, the DLA will relinquish ownership and title to the State/Territory/LEA. Prior to this date, the State/Territory/LEA remains responsible for the accountability and physical control of the item(s) and the Program retains the right to recall the property. 1) Property with DEMIL Codes of "A" and "Q6" will be placed in a closed status on the LEA's LESO inventory upon meeting the one year mark. 2) Once closed, the property is no longer subject to the annual inventory requirements and will not be inventoried during a LESO Program Compliance Review (PCR). 3) Ownership and title of DEMIL "A" and "Q6" items that have been closed will pass from the DoD to the LEA one year from the ship date, without issuance of any further documentation. 4) LEAs receive title and ownership of DEMIL "A" and "Q6" items as governmental entities. Title and ownership of DEMIL "A" and "Q6" property does not pass from DoD to any private individual or LEA official in their private capacity. Accordingly, such property should be maintained and ultimately disposed of in accordance with provisions in State/Territory and local laws that govern public property. Sales or gifting of DEMIL"A" and "Q6" property after one year from the ship date in a manner inconsistent with State/Territory or local law may constitute grounds to deny future participation in the LESO Program. 5) An SF 97 form will be provided upon physical transfer for vehicles. Recipients are authorized to make upgrades to vehicles during the one year conditional period. Full title to DEMIL "A" and "Q6" property, including vehicles, will vest in the recipient after one year if all other requirements of this agreement have been met. After the one year period DEMIL "A" and "Q6" items may be transferred, cannibalized for usable parts, sold, donated or scrapped. J. LEAs are not authorized to transfer any property on their inventory without State and LESO notification and approval. Property will not physically move until the LESO approval process is 3 Version; July 2018 Vod.pg.� complete. K. Certain controlled equipment will have a documented chain of custody (e.g., Equipment Custody Receipt [ECR] or equivalent), including a signature of the recipient. Controlled equipment requiring a chain of custody are: small arms, aircraft, high profile vehicles, optics, robots, and small arm's parts/accessories. It is encouraged to utilize ECRs for all controlled equipment. Regarding ECRs during a LESO PCR, see section VI, A, 4. L. Sale or transfer of DEMIL Codes "A" or "Q6" property after the one year conditional holding and utilization period to non -LEA participants will be executed in compliance with U.S. Export Control Regulations. 1) Excess personal property may be export -controlled, regardless of the assigned DEMIL Code and regardless of the Department or Agency that donates the property. 2) DEMIL Codes are not a substitute for export controls. They do not provide information on the export control requirements for an item. 3) The Transferee is responsible for complying with U.S. Export Control Laws and Regulations, including the Export Administration Regulations (EAR) (15 C.F.R. Pts. 730-774) and the International Traffic in Arms Regulations (ITAR) (22 C.F.R. Pts. 120-130). a) This responsibility exists independent of, and is not established or Iimited by, the information provided in this statement of compliance. b) The responsibility includes, but is not limited to, determining the subsequent transferee's eligibility to receive such items in accordance with U.S. Export Control Laws and Regulations. c) Information on the EAR and TTAR are at: https://www.bis.doc.aov/mdg .php and https://www.pmddtc.state.gov/index.html. d) Tips: If Transferee has doubts about which regulation govems control of the item, they may submit a commodityjurisdiction request to the Department of State, Directorate of Defense Trade Controls to determine whether it is subject to the TTAR or EAR Information on commodityjurisdiction requests can be found at: http://www.pmddtc.state.aov/commodity iurisdiction/index.html. ii. If Transferee is sure the item is subject to the EAR, but needs help determining the correct Export Control CIassification Number (ECCN), they may submit a commodity classification request to the Department of Commerce, Bureau of Industry and Security (BIS). Information on classification requests can be found at: https://wNvivbis.doc.gov/index.t)hp/licensin commerce-control-list- classification/classificadon-request-guidelines Version; July 2018 iii. For items subject to the EAR: Transferee is cautioned that prior to sale or transfer of items they should be familiar with their customer and intended end use of the items. Transferees must check prospective Transferees/buyers to ensure they are not on the Department of Commerce List of Parties of Concern (h"s•//www bis doc.aov/index.12hp/policy-guidance/lists-of-parties-of- concern and the transfer/sale complies with the EAR, including 15 C.F.R. Prt. 736. BIS Export Compliance Guidelines are at: hl!ps://www.bis.doc.gov/index.php/f`orms-documents/pdfs/1641-ecp/file 4) The Transferee must notify all subsequent buyers or Transferees in writing, of their responsibility to comply with U.S. Export Control Laws and Regulations. 5) Definition. "Export -controlled items," as used in this statement of compliance, means items subject to the Export Administration Regulations (EAR) (15 C.F.R. Pts. 730-774) or the International Traffic in Arms Regulations (ITAR) (22 C.F.R. Pts. 120-130). The term includes: a) "Items," defined in the EAR 15 C.F.R. Pt.772.1. as "commodities", "software", and "technology." b) "Defense Articles, Defense Services, and related Technical Data defined in the ITAR, 22 C.F.R. Pt. 120. IV. ENROLLMENT A. An LEA will have at least one full-time law enforcement officer in order to enroll and/or receive property via the LESO Program. Only full-time and part-time law enforcement officers are authorized to receive property. Non -compensated reserve officers are not authorized to receive property. State law enforcement training facilities/academies may be authorized to participate in the program given the primary function is the training of bona fide State/Territory and Local law enforcement officers. Law enforcement training facilities/academies will be reviewed and approved for participation on a case-by-case basis via concurrence of DLA Disposition Services, DLA General Counsel, and DLA J349. 1) The LEA will submit an updated Application Packet to the State Coordinator's office no later than June 15 each year and/or any time there is a change in personnel or LEA contact information. Failure to do so may result in suspension and/or termination from the program. 2) Once approved for participation in the program, at least one of the LEA's authorized screeners must attend a mandatory training class prior to any requests for property being approved. The class will be conducted free of charge to the LEA and will be held at a location' determined by the State Coordinator's office. Screeners who may have been previously employed by and screeners for other LEAs, might still be required to attend training as this training qualifies the agency, not the individual. 3) LEA transfer of responsibility — program property assigned to the LEA. A change in the Chief Law Enforcement Official (CLEO), due to any reason, will not relinquish responsibility from the LEA for properly maintaining existing program property in the LEA's possession. If the new CLEO does not wish to be responsible for existing property, they will notify the State Coordinator's office in writing that they wish to return the Version; July 2018 E .�► ,n P9. LPI property to their assigned Disposition Site and/or transfer i toargyffivalifying LEA. The new CLEO remains responsible for existing property until the rope is officially transferred or returned. B. Unauthorized Participants. Nongovernmental law enforcement entities such as private railroad police, private security, private academies, correctional departments and prisons, or security police at private schools or colleges. Fire departments, by definition, are ineligible for the Law Enforcement Support Program. C. The State will: 1) Establish and implement the LESO Program eligibility criteria in accordance with 10 U.S.C. § 2576a, DLA Instructions and Manuals regarding the LESO Program, and this SPO. 2) Receive and process applications for participation from eligible LEAs within their state. 3) Collect originating agency identifier code for all new, reactivation (whether voluntary separation or termination), and otherwise suspicious applications. Originating agency identifier will be coordinated with DLA Office of the Inspector General (OIG) for validation against the Federal Bureau of Investigation's National Crime Information Center database. 4 Ensure only authorized LEA applications for participation are submitted to the Program for approval. Applications are required by the LESO Standard Operating Procedures (SOP) to be submitted within 30 days of both the CLEO's and the State's/Territory's approved signature and date. 5) Validate the authenticity of the LEAs within their State/Territory that are applying for participation. If the State/Territory forwards an unauthorized participant application, this may result in a formal suspension of the State/Territory. 6) Determine the qualifications of a full-time law enforcement officer. 7) Have sole discretion to disapprove LEA applications on behalf of the Governor of their State/Territory. The LESO should be notified of any applications disapproved at the State/Territory level. The State/Territory will only forward and recommend/certify LEAs to the LESO that are government agencies whose primary function is the enforcement of applicable Federal, State/Territory, and local laws and whose compensated officers have the powers of arrest and apprehension. The LESO retains fmal approval/disapproval authority for all LEA applications forwarded by the States/Territories. 8) Ensure LEAs enrolled in the Program update the LEA's account information annually, or as needed. This may require the LEA to submit an updated application. Updated applications are required to be submitted for, but are not limited to, the following reasons: a change in CLEO, the addition or removal of a screener, and/or a change in the LEA's address or contact information. 9) Provide a comprehensive overview of the Program to all LEAs once they are approved for enrollment. This comprehensive overview will be done within 30 days of an LEA 6 Version; July 2018 Vol. � fig- receiving the LESO's approval to participate. 10) Ensure that screeners of property are employees of the LEA. A screener may only screen property for two Law Enforcement Agencies. Contractors may not conduct screening on behalf of the LEA. 11) Ensure at least one person per LEA maintains access to the Federal Excess Property Management Information System (FEPMIS), or current property accounting system. Account holders will be employees of the LEA. V. ANNUAL INVENTORY REQUIREMENTS A. Per the DLA Instructions and Manuals regarding the LESO Program and this SPO, each State/Territory is required to conduct an annual physical inventory certification of all property on the inventory. Annual inventories start on July 1 of each year and end August 31 of each year. 1) DEMIL "A" and "Q6" property records will not be closed during the annual inventory. B. The State will: 1) Receive and validate incoming certified inventories and reconcile inventories from the LEAs. 2) Ensure LEAs validate and provide serial numbers and photos identified during the annual inventory process for inclusion in the LESO property accounting system for all aircraft, armored vehicles, small arms and other unique items, as required. 3) Suspend a LEA as a result of the LEA's failure to properly submit certified inventories, according to the aforementioned requirements. C. The LEA will: 1) Complete and certify the annual physical inventory as required for continued participation in the program. 2) Adhere to additional annual certification requirements as identified by the LESO. All inventories and certification statements will be maintained on file indefinitely. a) The State requires each LEA to submit certified inventories for their agency by August 31 of each year. Inventory certification in FEPMIS will begin July 1 of each year. This gives the LEA two (2) months to physically inventory DLA LESO Program property in their possession and submit their certified inventories to their State Coordinator. b) In addition to the certified inventories, the LESO requires photographs for all High-profile commodities identified as aircraft, armored vehicles, small arms, and other unique items as required, received through the Program. Version; July 2018 E .-� P9. -2k3 i. The LESO requires a side and data plate photo for aircraft and vehicles that are serial number controlled, received through the Program. H. The LESO requires serial number photos for each small arm received through the Program. C) LEAs that fail to submit the certified annual inventory by August 31 maybe suspended from operations within the Program. When a LEA is suspended, a Corrective Action Plan (CAP) will need to be submitted to the State and LESO identifying all actions taken to correct the deficiencies. Further failure to submit the certified annual inventory may result in a LEA's termination. 3) Be aware that High-profile commodities (aircraft, armored vehicles and small arms) and other property may be subject to additional controls. 4) Ensure that an approved current SPO is uploaded in FEPMIS. VI. PROGRAM COMPLIANCE REVIEWS A. The LESO conducts a PCR for each State/Territory that is enrolled in the LESO Program every two (2) years. The Program reserves the right to conduct no notice PCRs, or require an annual review, or similar inspection, on a more frequent basis for any State/Territory. LESO PCRs are performed in order to ensure that State Coordinators, SPOCs, and all LEAs within a State/Territory are compliant with the terms and conditions of the LESO Program as required by 10 USC § 2576a, DLA Instruction and Manuals regarding the LESO Program, and this SPO. 1) If a State/Territory and/or LEA fails a PCR, the LESO will immediately suspend their operations and will subsequently issue corrective actions (with suspense dates) to the State Coordinator, which will identify what is needed to rectify the identified deficiencies within his/her State/Territory. 2) If a State/Territory and/or LEA fails to correct identified deficiencies by the given suspense dates, the LESO will move to terminate the Program operations within the State/Territory and/or LEA. 3) States/Territories and/or LEAs which fail a program compliance review will be suspended for a minimum of 60 days and will not he reinstated until DLA conducts a re -inspection on the State/Territory and the State/Territory and/or LEA successfully passes the inspection. 4) During a LESO PCR, it is the Program's intent to physically inventory 100% of property selected for review at each LEA. The use of ECRs in lieu of physical inspection is discouraged during PCRs. B. The State/Territory will: 1) Support the LESO PCR processby: Version; July 2018 Vol. Pg. a) Coordinating and forwarding completed PCR daily events schedule to the selected LEAs to be reviewed. b) Contacting LEAs selected for review via phone and email to ensure they are aware of the PCR schedule and prepared for review. c) Receiving inventory selections from the LESO and forwarding them to the selected LEAs. d) Ensuring the LEA Points of Contact (POCs) gather the selected items in a central location to ensure the LESO can efficiently inventory the items. e) Providing additional assistance to the LESO as required, prior to, during, and upon completion of the PCR. 2) Conduct internal PCRs of LEAs participating in the Program in order to ensure accountability, program compliance, program eligibility and validate annual inventory submissions are accurate. The State/Territory will ensure an internal PCR of at least 5% of LEAs that have a property book from the LESO Program within his/her State/Territory is completed annually. Results of internal PCRs will be kept on file at the State Coordinator's Office. a) The internal PCR will include, atminimum: i. A review of the SPO signed by both parties, ensuring that the SPO is uploaded into the Station Management Utility within FEPMIS. n. A review of the LEA's application/screener letter. iii. A physical inventory of DLA LESO Program property selected for review at each LEA. iv. A specific review of each selected LEA's files for the following: DD Form 1348-1A for each item currently on inventory, small arms documentation, transfer documents, turn -in documents, inventory adjustment documents, exception to policy letters (if any), approved cannibalization requests (if any), or other pertinent documentation as required. v. Review and confirm authenticity and eligibility of the LEA. b) For uniformity purposes, the State/Territory will utilize a PCR checklist provided by the LESO, or equivalent. c) In cases that require a repossession or turn -in of property, the State/Territory and/or LEA will bear all expenses related to the repossession and/or turn- in/transfer of DLA LESO Program property to the appropriate DLA Disposition Services site. 9 Version; July 2018 Vd. - pg, ' (25 VII. REPORTING REQUIREMENTS FOR LOST, STOLEN, OR DESTROYED DLA LESO PROGRAM PROPERTY A. All property Lost, Stolen or Destroyed (LSD), carried on a LEAs current inventory, must be reported to the LESO. 1) LSD controlled property must be reported to the LESO within 24 hours. The LEA may be required to provide the following: a) ,A comprehensive police report b) A National Crime Informiation Center (NCIC) reportlentry s' 2) The State/Territory will provide the contact information for the Civilian Governing Body over the LEA involved, to include: Title, Name, Email and mailing address. 3) LSD property with a DEMIL Code of "A" and "Q6" must be reported to the LESO within seven days. 4) All LEAs participating in the program will agree to cooperate with investigations into LSD by the DLA OIG. 5) A DD 200 Form, Financial Liability Investigation for Property Loss (FLIPL) will be required to be submitted to the LESO for all unaccounted for property. B. LESO may grant extensions to the reporting requirements listed above on a case-by-case basis. VIII. AIRCRAFT AND SMALL ARMS A. All aircraft are considered controlled property, regardless of DEMIL Code. The SPO will ensure that all LEAs and all subsequent users are aware of, and agree to provide, all required controls and documentation in accordance with applicable laws and regulations for these items. B. LEAs no longer requiring small arms issued through the LESO Program will request authorization to transfer or turn -in small arms. Transfers and turn -ins will be forwarded and endorsed by the State/Teiritory, and approved by the LESO. Small arms will not physically move until the LESO provides official notification that the approval process is complete. When returning small arms to Anniston Army Depot, LEAs are required to: 1) Provide the 1348-1A turn in document that has been approved through the LESO. 2) Provide an appointment letter signed by the CLEO, or their designee, appointing the certifier and verifier to that position (found on the LESO website). 3) Provide the inert certificate that has been signed by a qualified certifier and verifier. 10 Version; July 2018 Vol. Pg. aLglp 4) Insert a flag safety or chamber flag into the chamber for visual verification that the small arm is clear of ammunition. 5) The aforementioned documentation will be placed in a packing slip affixed to the outside of the shipping container. A duplicate set of documents will be placed inside the shipping container. C. Small arms that are issued must have a documented chain of custody, with the chain of custody including a signature of the receiving officer indicating that he/she has received the appropriate small arm(s) with the correct, specified serial number(s). Small arms that are issued to an officer will be issued utilizing an Equipment Custody Receipt; this Custody Receipt obtains the signature of the officer/deputy responsible for the small arm. D. Modifications to small arms are authorized. All parts are to be retained and accounted for in a secured location under the original serial number for the small arm until final disposal. If the modified small arm is transferred to another LEA, all parts must accompany the small arm to the receiving LEA. E. Weapon Accountability. Law enforcement agencies that have multiple instances of a missing, lost, or stolen LESO Program small arm within a five year window will be assessed by DLA Disposition Services to determine if a systemic problem exists. 1) First Instance of Loss/theft: Will result in a 60 day minimum suspension. 2) Second Instance of Loss/theft: Will result in a 180 day minimum suspension. 3) Third Instance of Loss/theft: Will result in a 240 day minimum suspension. DLA Disposition Services will submit a formal assessment presenting all the facts of the instances of loss, relevant data, and evidence as to whether a systemic problem exists to DLA J34 for review and coordination. DLA Disposition Services will recommend potential disciplinary actions which could include recalling the agency's loaned small arms or termination from the Program. F. Aircraft and small arms will not be obtained by any authorized participant for the purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan and will be returned to the LESO at the end of their useful life. DL RECORDS MANAGEMENT A. The LESO, State Coordinator, and LEAs enrolled in the LESO Program must maintain all records in accordance with the DLA Records Schedule. Records for property acquired through the LESO Program have retention controls based on the DEMIL Codes. All documents concerning property record will be retained. 1) Property records for items with DEMIL Codes of "A" and "Q6" will be retained for two calendar years from the date the property is removed from the LEA's property book before being destroyed. 11 Version; July 2018 2) Property records for controlled property will be retained for five calendar years from the date the property is removed from the LEA's property book before being destroyed. 3) Environmental Property records will be retained for 50 years, regardless of DEMIL Code (Chemicals, Batteries, Hazardous Material/Hazardous Waste). 4) LESO Program files will be segregated from all other records. 5) All property records will be filed, retained, and destroyed in accordance with DLA Records Schedule. These records include, but are not limited to, the following: DD Form 1348-1A for approved requests for transfers, turn -ins, requisitions, and any other pertinent documentation and/or records associated with the LESO Program (e.g., approved Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) Forms 10 and 5, Certificate of Aircraft Registration (AC Form 8050-3), Aircraft Registration Application (AC 8050-1). X. LESO PROGRAM ANNUAL TRAINING A. 10 U.S.C. § 280 provides that the Secretary of Defense, in cooperation with the U.S. Attorney General, will conduct an annual briefing of law enforcement personnel of each State/Territory (including law enforcement personnel of the political subdivisions of each State/Territory). The briefing will include information on training, technical support, equipment, and facilities that are available to civilian law enforcement personnel from the Department of Defense. B. The State will organize and conduct training pertaining to information, equipment, technical support and training available to LEAs via the LESO Program. C. The State/Territory will ensure at least one representative (such as the State Coordinator or SPDC) attend the annual training that LESO conducts. M. PROPERTY ALLOCATION A. The State Will: 1) Upon receipt of a valid LEA request for property through the DLA Disposition Services RTD Website, give a preference to those requisitions indicating that the transferred property will be used in the counter-drug/counter-terrorism or border security activities of the recipient agency. Additionally, to the greatest extent possible, the State will ensure fair and equitable distribution of property based on current LEA inventory and LEA justifications for property. 2) The State and the LESO reserves the right to determine and/or adjust allocation limits. Generally, no more than one of any item per officer will be allocated. Quantity exceptions maybe granted on a case-by-case basis by the LESO based on the justification provided by the LEA. Currently, the following allocation limits apply: a) Small Arms: one of each type for every qualified officer, full-time/part-time; 12 • Version; July 2018 b) BAMWVs/Up-Armored HIVIIVIWVs: one vehicle for every three officers; c) MRAPs/Armored Vehicles: two vehicles per LEA; d) Robots: one of each type for every 25 officers 3) Additional justification may be required for small arms and armored vehicles. The LESO reserves final authority on determining the approval and/or disapproval for requests of specific types and quantities of excess DoD property. 4) Access the DLA Disposition Services RTD Website at a minimum of once daily (Monday - Friday) to review/process LEAs' requests for excess DoD property. B. The LEA will: 1) Ensure an appropriate justification is submitted when requesting excess DoD property via the DLA Disposition Services RTD Website. 2) Access the Texas LESO website for timely and accurate guidance, information, and links concerning the LESO Program and ensure that all relevant information is reviewed. 3) When requesting property for counter-drug/counter-terrorism or border security activities, provide a justification that specifies that the property will be used for such activities. 4) Maintain access to FEPMIS to ensure the LEA is properly maintaining their property books, to include, but not limited to, transfers, turn -ins, and disposal requests. a) FEPMIS account holders must be employees of the LEA. XII. PROGRAM SUSPENSION & TERMINATION A. The State/Territory/LEA is required to abide by the terms and conditions of the DLA MOA and SPO in order to maintain active status. B. If a Statd Coordinator or LEA fails to comply with any terms of the DLA MOA, Federal statute or regulation, SPO, or a State MOA, the State and/or LEA may be placed on restricted status, suspended, and/or terminated from the Program. All suspension.or termination notifications will be in writing and will identify remedial measures required for reinstatement, if applicable. 1) Suspension: A specified period of time in which an entire State/Territory or identified LEA(s) is prohibited from requesting and receiving additional property through the Program. Additional requirements for remedial action may also be placed on suspended activities, to include return of all or specifically identified controlled property. Suspensions will be for a minimum of 60 days. 2) Termination: Removal of a LEA or State from participating in the Program. The State Coordinator and/or identified LEAs will transfer or turn -in all controlled property previously received through the Law Enforcement Support Program at the expense of 13 Version; July 2018 1-2 Vol. 1 pg. a��[ the State and/or the LEAs. 3) Restricted Status: A specified period of time in which a State/Territory or LEA is restricted from receiving an item or commodity due to isolated issues with the identified commodity. Restricted status may also include restricting an agency from all controlled property. Restricted status is commonly used for agencies that have active consent decrees from the Department of Justice. C. The State will: 1) Suspend LEAs for a minimum of 60 days in all situations relatingto the suspected or actual abuse of DLA LESO Program property or requirements and/or repeated failure to meet the terms and conditions of this SPO. Suspension may lead to termination. 2) Coordinate with the LESO, who will have final discretion on reinstatement requests. Reinstatement to full participation from a suspension and/or termination is not automatic. 3) Issue corrective action guidance in coordination with LESO and the LEA with suspense dates to rectify issues and/or discrepancies that caused suspension and/or termination. 4) Require the LEA to submit results regarding all completed police investigations and/or reports regarding LSD DLA LESO Program property to include the LEA's CAP. 5) Suspend or terminate a LEA from the LESO Program if a LEA fails to comply with any terms of the SPO, the DLA Instruction and Manuals regarding the LESO Program, any Federal statute or regulation, or this State Plan of Operation. 6) In the event of a LEA termination, make every attempt to transfer the DLA LESO Program property of the terminated LEA to an authorized State/Territory or LEA, as applicable, prior to requesting a turn -in of the property to the appropriate DLA Disposition Services location. a) In cases relating to an LEA termination, the LEA will have 90 days to complete the transfer or turn -in of all DLA LESO Program property in their possession. 7) Notify the LESO and initiate an investigation into any questionable activity or action involving DLA LESO Program property issued to an LEA that comes to the attention of the State/Territory, and is otherwise within the authority of the Governor/State/Territory to investigate. Upon conclusion of any such investigation, take appropriate action and/or make appropriate recommendations on suspension or termination of the LEA to the LESO. States/Territories, acting on behalf of their Governor, may revoke or terminate their concurrence for LEA participation in the LESO Program at any time and for any reason. 8) Request that the LESO suspend or terminate a LEA from the LESO Program if a LEA fails to comply with any term of this SPO, the DLA Instructions and Manuals regarding the LESO Program, any Federal statute or regulation, or the SPO. 14 Version; July 2018 Vol.. P9: a o 9) Implement State level LEA suspensions and notify the LESO if a LEA fails to comply with any term of this SPO, the DLA Instructions and Manuals regarding the LESO Program, any Federal statute or regulation, or the SPO. 10) Initiate corrective action to rectify suspensions and/or terminations placed upon the State for failure to meet the terms and conditions of the LESO Program. 11) Make contact (until resolved) with suspended LEA(s) within his/her State to ensure corrective actions are rectified by the timeframe provided by the LESO. 12) Require the LEAs to complete and submit results regarding all completed police investigations and/or reports regarding LEA DLA LESO Program property. The State/Territory must submit all documentation to the LESO upon receipt. 13) Provide documentation to the LESO when actionable items are rectified for the State and/or LEA(s). 14) Provide a written request to the LESO for reinstatement of an LEA via the State Coordinator.or SPOC(s) for full participation status at the conclusion of a suspension period. 15) Provide a written request to the LESO for reinstatement of the State via the Governor for full participation status at the conclusion of a suspension period. D. The LEA will: 1) In the event of the LEA termination, make every attempt to transfer the DLA LESO Program property to an authorized participating LEA, as applicable, prior to requesting a turn -in of the property to the approved DLA Disposition Services location. a) In cases of a State termination, the State will have 120 days to complete the transfer or turn -in of all DLA LESO Program property in their State. b) In cases relating to an LEA termination, the LEA will have 90 days to complete the transfer or turn -in of all DLA LESO Program property in their possession. XIII. AIVIMUNTION A. DLA in support of the United States Army will aid in allocating ammunition to LEAs. 1) U.S. Army will issue approved transfers directly to the LEA. LEAs are responsible for funding all costs associated with the packing and shipping of ammunition and will make reimbursements directly to the U.S. Army. 2) All ammunition obtained via the Law Enforcement Support Program will be for training purposes only. At the time of request, LEAs will certify in writing that the ammunition will 15 Version; July 2018 V.1.31 lam. o Pg. be used for training purposes only. Ammunition will not be obtained for the purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan. Ammunition obtained through the Program will not be sold. -3) Ammunition will be treated as a consumable item and not tracked in any DLA inventory system or inspected during compliance reviews. 4) DLA Disposition Services will track and preserve necessary records of ammunition transferred to a LEA and will post all agency requests, approvals, and denials on the public web -page. XIV. COSTS & FEES All costs associated with the transportation, turn -in, transfer, repair, maintenance, insurance, disposal, repossession or other expenses related to property obtained through the LESO Program are the sole responsibility of the LEA. In the event a LEA is dissolved or disbanded and no civilian governing body exists, the State Coordinator's office will, on a case-by-case basis, coordinate the transfer or turn -in of all assigned property. XV. NOTICES Any notices, communications, or correspondence related to this agreement will be provided by E-mail, the United States Postal Service, express service, or facsimile to the appropriate DLA office. The LESO may, from time to time, make unilateral modifications or amendments to the provisions of this SPO. Notice of these changes will be provided to State Coordinators in writing. Unless State Coordinators take immediate action to terminate this SPO in accordance with Section XVIII, such modifications or amendments will become binding. In such cases, reasonable opportunity will, insofar as practicable, be afforded the State Coordinator to conform changes affecting their operations. XVI. ANTI-DISCREWINATION A. By signing this SPO, or accepting excess DOD personal property under this SPO, the State pledges that it and each LEA agrees to comply with applicable provisions of the following national policies prohibiting discrimination: 1) On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) as implemented by DOD regulations 32 C.F.R. Pt. 195. 2) On the basis of age, in the Age Discrimination Act of 1975 (42 USC 6101, et seq) as implemented by Department of Health and Human Services regulations in 45 C.F.R. Pt. 90. 3) On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973, P.L. 93- 112, as amended by the Rehabilitation Act Amendments of 1974, P.L. 93-516 (29 U.S.C. 794), as implemented by Department of Justice regulations in 28 C.F.R.Pt. 41 and DOD regulations at 32 C.F.R. Pt. 56. B. These elements are considered the minimum essential ingredients for establishment ofa satisfactory 16 Version; July 2018 business agreement between the State and the DOD. XVII. INDEMNIFICATION CLAUSE A. The State/LEA is required to maintain adequate liability insurance to cover damages or injuries to persons or property relating to the use of property issued under the LESO Program. Self-insurance by the State/LEA is considered acceptable. The U.S. Government assumes no liability for damages or injuries to any person(s) or property arising from the use of property issued under the LESO Program. It is recognized that State and local law generally limit or preclude State Coordinators/LEAs from agreeing to open ended indemnity provisions. However, to the extent permitted by State and local laws, the State/LEA will indemnify and hold the U.S. Government harmless from any and all actions, claims, debts, demands, judgments, liabilities, cost, and attorney's fees arising out of, claimed on account of, or in any manner predicated upon loss of, or damage to property and injuries, illness or disabilities to, or death of any and all persons whatsoever, including members of the general public, or to the property of any legal or political entity including states, local and interstate bodies, in any manner caused by or contributed to by the State/LEA, its agents, servants, employees, or any person subject to its control while the property is in the possession of, used by, or subject to the control of the State/LEA, its agents, servants, or employees after the property has been removed from U.S. Government control. B. LEAs are not required to maintain insurance on controlled property, aircraft or other items with special handling requirements that remain titled to DoD. However, LEAs must be advised that if they elect to carry insurance and the insured property is on the LESO inventory at the time of loss or damage, the recipient must submit a check made payable to DLA for any insurance proceeds received in excess of their actual costs of acquiring and rehabilitating the property prior to its loss, damage, or destruction. XVIII. TERMINATION A. This SPO may be terminated by either party, provided the other party receives 30 days' notice, in writing, or as otherwise stipulated by Public Law. B. The undersigned State Coordinator,.CLEO and Civilian Governing Body official hereby agree to comply with all provisions set forth herein and acknowledge that any violation of the terms and conditions of this SPO maybe grounds for immediate termination and possible legal consequences, to include pursuit of criminal prosecution if so warranted. 17 Version; July 2018 Vol. 31 Pg. 73 . XIX. The authorized signatories of the parties have executed this agreement as of the last date written below. Christopher C. Kirk Type / Print Chief Law Enforcement Official Name (Specify title: Chief, Sheriff, Constable, Sheriff � 6 � • oe2o Chief Law En orcement Official Signature Date D/YYYY) Duane Peters Type/Pr' ivi 1 erning Body Official pe ' e: Mayor, Ci gr, County Judge, County Judge ) Civilian Governing Body Official Signature Date D/YYYY) Mike Lesko Type / Print State Coordinator Name State Coordinator Signature Date (NR&DD/YYYY) 18 Version; July 2018 voi. Pg. TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N LAMAR BLVD • BOX 4087 • AUSTIN, TEXAS 78773-0001 Prs�� 512/424-2000 0 �. www.dps.texas.gov STEVEN C. MaCRAW COMMISSION DIRECTOR STEVEN P. MACH, CHAIRMAN FREEMAN F. MARTIN NELDA L GLAIR STODGHILL RANDALL R PRINCE STEVE H. WAINWRIGHT JEOFF WILUAMS DALE WAINWRIGHT DEPUTY DIRECTORS Date: �p 1J LoZo MEMORANDUM FOR TEXAS LAW ENFORCEMENT SUPPORT OFFICE (LESO) PROGRAM PARTICIPANTS SUBJECT: State Plan of Operation (SPO) Dated July 2018, LESO Program changes: This memorandum amends the Law Enforcement Agency's (LEA) responsibilities within the existing SPO between the State of Texas and the Brazos County Sheriffs Office This addendum establishes the understanding regarding the requirement of two levels of security and financial liability for negligent lost/stolen/destroyed small arms. a. LESO small arms not carried on an officer's person or in the officer's immediate physical vicinity will .be secured using two levels of security. Two levels of security means two distinct lockable barriers, each specifically designed to render a weapon inaccessible and unusable to unauthorized persons. Lockable barriers meeting this description may be either manual or electronic. b. DLA OIG investigations may be initiated when small arms are improperly disposed of or becomes lost, stolen or otherwise destroyed while maintained in the program inventory. Law Enforcement Agencies may be required to reimburse DLA the fair market value of the small arm when negligence or willful conduct is confirmed at the conclusion of the Financial Liability Investigation of Property Loss (FLIPL) investigation. Reimbursement will be within sixty (60) days of the completion of the FLIPL investigation. (1) Title will never transfer to the recipient regardless of the status of the small arm. (2) Payments due to DLA Disposition Services, based upon the findings of the FLIPL investigation, may be paid by one of the following three methods: (a) Credit card payments via pay.gov (b) Cashierlbusiness checks' (c) Wire transfers EQUAL OPPORTUNTY EUPLOYER COURTESY - SERVICE - PROTECTION Vol. I Pg. The provision on two levels of security for small arms is effective June 9, 2020. Any request for an extension must be submitted before that date. The provision on financial liability for negligent or willful loss of small arms that are improperly disposed of or become lost, stolen or otherwise destroyed while maintained in the program inventory, applies to all small arms accounted for on an agency's LESO Program property book on the date this addendum is signed. This addendum to the State Plan of Operation must be signed by the current Chief Law Enforcement Official (CLEO) or designee of each LEA by June 9, 2020. Failure to sign by this date will require that all weapons be returned. The aforementioned changes to the State Plan of Operation (SPO) are acknowledged and accepted by the following individuals: CLEO Name (Print): Christopher C. Kirk CLEO Si ature• Date: 6 61141zo.I. CGB Name Duane P CGB Si ature: Date: 4 State Coordinator (Print): MIKE LESKO State Coordinator Signature: Date: ell !:: / ' Item Coversheet BRAZOS COUNTY BRYAN,TEXAS Page 1 of 1 H DEPARTMENT: CC 2020 - Right of Way Road and Bridge NUMBER: Acquisition - White Switch Road - Billy & Jennifer McKinney - 0.36 acre DATE OF COURT MEETING: 6/30/2020 ITEM: Acceptance of a Special Warranty Deed from Billy Keith McKnney and Jennifer R. McKinney for 0.36 of one acre of land to be used for improvements to White Switch Road. Site is located in Precinct 1. TO: Commissioners Court FROM: Darrell Kolwes DATE: 06/22/2020 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 SOURCE OF FUNDS: 56001000-60710000 Right of Way Acquisition ATTACHMENTS: File Name Description Type Right of Way Acquisition - Right of Way Acquisition - White Switch Road - Billy and Jennifer McKinney - 0.36 acre of land.13df White Switch Road - Billy Backup and Jennifer McKinney - Material 0.36 acre of land "PRO o� Duane Peters Date County Judge vOj. 31 Pg. ar-. httos://brazos.novusaizenda.com/AizendaWeb/CoverSheet.aSDX?ItemlD=20647 6/26/2020 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER White Switch Road Special Warranty Deed THE STATE OF TEXAS § KNOW ALL MEN § BY THESE PRESENTS: COUNTY OF BRAZOS § GRANTOR(S): BILLY KEITH MCKINNEY a/k/a/ BILLY IG MCKINNEY and JENNIFER R. MCKINNEY Grantor's Mailing Address: 3188 White Switch Road Navasota, Texas 77868-7136 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 261h Street Bryan, Texas 77803 Consideration: Ten and No/100 dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property (including any improvements): All that certain lot, tract or parcel of land being 0.36 of one acre situated in the E.M. MILLCAN LEAGUE, A-40, Brazos County Texas, and being a part of that certain Called 2.554 acre tract as described in deed from Billy Keith McKinney to Billy Keith McKinney and Jennifer R. McKinney of record in Volume 14273, Page 192, and being a part of that certain Called 2.554 acre tract as described -from Katherine Ann Pate and Quinton H. Pate to Billy K. McKinney and Jennifer R. McKinney of record in Volume 8301., Page 281, Official Records -of. Brazos County, Texas, said 0.36 of one acre being more particularly described by metes and bounds as shown in Exhibit "A" attached hereto and made a part hereof for all purposes. Paget of 3 vol. 1 pg. . Reservations from and Exceptions to Conveyance and Warranty: There is hereby EXCEPTED and RESERVED from this conveyance, and retained in favor of the Grantor, their heirs, executors, administrators, successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their heirs, personal representatives, executors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the right of Grantor, its successors and assigns, to grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, or liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building material upon, in or under the property for the construction and maintenance of road or roads thereon, such materials, for the purposes of this conveyance, being herein defined as not constituting "other minerals." This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described property, to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Brazos County, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. Executed this / V—' day of gtick ____ 2020. Billy I th McKinney alk -/a Jen f r R. Mc ney , Billy K. McKinney Page 2 of 3 Vol. P9, X79' Acknowledgment STATE OF TEXAS n COUNTY OF rczQs This instrument was acknowledged before me on by Billy Keith McKinney, a/k/a Billy K. McKinney and Jennifer R. McKinney. a DARRELL W KOLWES Notary 10 #3773941 My Commission EYplres July 23. 2022 a✓k•JiCJt.�, Notary Public, State of Texas Page 3 of 3 V01. 3 pg. ' . 1722 Broadmoor Ste. 105 ¢ CTRONG Bryan, Texas 77802 a Phone: (979) 776 — 9836 OURVEYING, LLC Fax: (979) 731— 0096 FIRM NO. 10093500 Email: curds@strongsurveying.com EXHIBIT "A" SHEET 1 OF 3 FIELD NOTES BRAZOS COUNTY RIGHT OF WAY WIDENING WHITE SWITCH ROAD 0.36 OF ONE ACRE OUT OF THE BILLY KEITH NiCKINNEY AND JENNIFER R. MCKINNEY CALLED 2.664 ACRE TRACT VOLUME 14273, PAGE 192 AND CALLED 2.554 ACRE TRACT VOLUME 8301, PAGE 281 E.M. MILLICAN LEAGUE, A-40 BRAZOS COUNTY, TEXAS JULY 9, 2019 All that certain lot, tract or parcel of land being 0.36 of one acre situated in the E.M. MILLICAN LEAGUE, Abstract No. 40, Brazos County, Texas, and being a part of that certain Called 2.554 acre tract as described in deed from Billy Keith Mckinney to Billy Keith Mckinney and Jennifer R. Mckinney of record in Volume 14273, Page 192, and being a part of that certain Called 2.554 acre tract as described in deed from Katherine Ann Pate and Quinnion H. Pate to Billy K. McKinney and Jennifer R. McKinney of record in Volume 8301, Page 261, Official Records of Brazos County, Texas, said 0.36 of one acre being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" Iron Rod with Cap Set in the south line of said Called 2.554 acre tract as described in Volume 8301, Page 281 for the most southwesterly corner, said corner being in the north line of the Donald Lee South III and the Misty South Called 4.50 acre tract as described in Volume 14045, Page 73, Official Records of Brazos County, a 1/2" Iron Rod found for the most southwesterly corner of said Called 2.554 acre tract as described in Volume 8301, Page 281, and the most northwesterly corner of said Called 4.50 acre tract bears S 87016'56"W a distance of 602.54 feet; THENCE N 03002'36" W through the interior of said Called 2.554 acre tract as described in Volume 8301, Page 281, and said Called 2.554 acre tract as described In Volume 14273, Page 192, a distance of 284.01 feet to a 1/2" Iron Rod with Cap Set for angle corner, THENCE N 02000'47" W a distance of 59.21 feet to a 1/2" Iron Rod with Cap Set in the north line of said Called 2.554 acre tract as described in Volume 14273, Page 192 for the most northwesterly comer, said corner also being in the south line of Martha Louise Grabow Called Tract Two 2.556 acre tract as -described in Volume 3617, Page 327, Official Records of Brazos County, Texas, the Calculated most northwesterly comer of said Called 2.554 acre as described in Volume 14273, Page 192 bears S 87°20'44" W a distance of 601.77 feet from which a 3/4" Iron Rod found bears N 87020'44" E a distance of 0.27 feet; 1 Vol. Pg..�S.L.1! 1722 Broadmoor Ste. 105 p CITRONG Bryan, Texas.77802 4 Phone: (979) 776--9836 URVEYWG, LLC Fax: (979) 731— 0096 FIRM NO. 10093500 Email: curtis@strongsurveying.com EXHIBIT "A" SHEET 2 OF 3 THENCE N 87°20'44° E along the north line of said Called 2.554 acre tract as described in Volume 14273, Page 192, and the south line of said Called 2.556 acre tract at a distance of 23.40 feet passing a 518° Iron Rod Found in the Occupied west right-of-way line of said White Switch Road (Possible Prescriptive. No Deed Found), and continuing for a total distance of 45.43 feet to a point in said White Switch Road for the most northeasterly comer, said comer being the most northeasterly corner of said Called 2.554 acre tract as described in Volume 14273, Page 192, said corner also being the most southeasterly comer of said Called 2.555 acre tract; THENCE S 02°43'11° E through the Occupied right-of-way of said White Switch Road and the east line of said Called 2.554 acre tract as described in Volume 14273, Page 192, at a distance of 171.86 feet passing a point for the Calculated most southeasterly comer of said Called 2.554 acre tract as described in Volume 14273, Page 192, and the Calculated most northeasterly corner of said Called 2.554 acre tract as described in Volume 8301, Page 281 from which a 518" Iron Rod found in the Occupied west right-of-way line of said White Switch Road bears S 87°20'57" W a distance of 25.07 feet, and continuing for a total distance of 343.16 feet to a point in said White Switch Road for the most southeasterly comer, said comer being the most southeasterly corner of said Called 2.554 acre tract as described in Volume 8301, Page 281, said corner also being the most northeasterly corner of said Called 4.50 acre tract; THENCE S 87016'56° W along the south line of said Called 2.554 acre tract as described in Volume B301, Page 281, at a distance of 25.49 feet passing a 112" Iron Rod found for reference, at a distance of 26.04 feet passing a 2" Pipe found for the most northeasterly comer of said Called 4.50 acre tract, and continuing for a total distance of 44.56 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 0.36 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed on the ground during the month of May 2019 under the supervision of H. Curtis Strong, Registered Professional Land Surveyor No. 4961 and working under Firm No. 10093500. North Orientation is based on rotating the east line of said Called 2.554 acre tract as described in Volume 14273, Page 192.to grid north, NAD83CORS(2011)epoch 2010.00 Texas State Plane, Central Zone as derived by GPS observations. For other information see accompanying plat. 2 Vol311.e .._._-Pg.__ a F auN m LL. �LL. �QN O p v9 Z O o a Z M 0 LOLL cpm N Ef) X t� �. Y F aNti`v I w N o_Pa4 N p U) tn_ ;awl V¢ �s ud aU> -o W DG v� "z Z�U U � I1Z61/£LZyli'IDiOl�OZ'Lb9 isaM �I{oo1 X � � (19ZZ/LO£1 }old•Ioio L ,OZ'Li+9 isc3 :11e Z `WWW N Q s. JauJo0 PQScjna1D0 ofLLS LL'109 M .b4, $.L@ S ionl�d ... Il Zl N uj N Z p V W W Z V V me V V UIP N M p~O��Qa Q0.�L[y."� . a• y , T o NMI O Fwn u-{JLn . d' !'n 'd' w� L o o u = a - � a to Q dN'QNpmpZO w in > r U b R 'BOD LLI CA 00� ao ��a 3 ca X� z' Ln V p Q m TN O o� �'Z� V > LrS y �D 4 C N N �' 0 C 7 N m D? {.:.i • ^'1 WT c O. N N—X Q }� ��■xUo a v b q u > e L1 N. ■ z o r I he :EWs io Xw I v, M L A a H Q m o m � w oZ r,�e _.-.•- g4+N = La O i�l iM C1 d t0 c tD O Z .2 In v- O d y`�M[YIn�fJIO� "N NN d O X NN�NNef r=OID�NO + Ow Z � o www 3 F h F M;g O'J o T O C X07 1 -.I ' d d a . a M M W Z 2 p X u Wa cvn��u1Di1• - v >ax 4 l�F=- v`OORy!'2 OdN N `c � } oNNN-- m v en0 x uN o `�- �U m• • . . . . v 4 v 't C; =wo N W`a mmm�`wmm d3 mw zc 0LOI- m` u � X 1� z;mz0( en J WO UO 9tdM �3Q X ti M = m rq v JmW vm0 �oe Q9 _ - I J aym oaw c0 o 4 o a l m �-� ■-i�D 3 e > G o 4. Xm o NM�Il71C _'� NFA Oe u c� e� JJJJIJ.J JJ JJ Lw,.a TMO` 9 `000 0m° X 'mom dd m CO. Qr F- D, N m Y �`o 0o ti oaN� �'wv . a a 0 0 � T._ o�M o O> w vN�uO� ` m N a-a t X =O1 CL 0 oma N =m e o NV c I s` do,- 2 ao rw- v DOE 49 \ X _ dMNM� yw0 �O— ` m N« i;9ZZ/LO£1 i�id-Ioioi ,OZ'Lb9 }su3 {IflOI v m E m v W. a o o .49 Z09 M »84. @ son n� X e cvS... O d i Ld omnia v=M< CL 0 co W vina¢jo ao.'� a 40 t'aQ yul Z 0�Ov u o v E 11.�p�y .Q Ir c` J m0 C -v d.. c f >>m-> O e o N 0 -d O '� O4!> L�z to v F N� c X s �. zWc�F� c o 3 > Q w tn Z) vol. �v I �Q p9. RIGHT-O&WAY ACQUISITION AGREEMENT Road: White Switch Road Project: R1-246 W.O. No.: 33514 Precinct: I I (we) the undersigned owner(s), accept payment of $24,624.00 as compensation and full settlement for granting of a Special Warranty Deed in, along, upon and across 0.36 of one acre of property located on the above mentioned project. Billy geiih McKinney a/k/a B' K. McKinney Jen tfer R. Mc&lnney Date: 3 ^ /,/, " ;?d Date: 3— i Lf :Q 41 Item Coversheet DEPARTMENT: Road and Bridge DATE OF COURT MEETING: 6/30/2020 ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: BRAZOS COUNTY BRYAN,TEXAS NUMBER: Page 1 of 1 CC 2020 - Utility Permit - Wickson Creek SUD - Cobb Road - Road bore 1,580' NE of Grassbur Rd. u Consider and take action on the Wickson Creek Special Utility District utility permit to construct a road bore for a 1 -inch water line crossing under Cobb Road 1,580 feet northeast of Grassbur Road. Site is located in Precinct 2. Commissioners Court Darrell Kolwes 06/25/2020 False False $0.00 File Name Description Tvve Utility Permit- Wickson Creek Backup Utility Permit - Wickson Creek SUD - Cobb Road - Road bore 1 580 NE of Grassbur Rd..odf SUD - Cobb Road - Road bore Material 1,580' NE of Grassbur Rd. Vol. �J1 �.P ! Pg. a�J� APPR Duane Peters County Judge ate 6/26/2020 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 WICKSON CREEK SPECIAL UTILITY DISTRICT [canrparry name], 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 water line 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 Crossin (CIIECK ONE) Bored Jacked Driven Cased COBB ROAD 60' X X Facility to Parallel County Road Within Right-O&Wnv Road Name and Block Number From To Depth Distance CONSTRUCTION TYPE 1" Diameter Wall Thickness 1 %a" Encasement Pipe Material Specification PVC Maximum Operation Pressure 801251 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 1 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 6011i 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. 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 BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In Ilse event Companj► fails to obtain a permit prior to the installation or doer not install utilities in compliance with installation requirements set forth herein (i.e. depth, location, etc), Company assunnes all financial responsibilio► for damages atdlor destruction of llnet, cables, etc. based upon its failure to coniplj► lvith Brazos Counq► requirements Applicant agrees that if Brazos County demonstrates a violation of the renins of this policy, Applicant stipulates That requisites for injunctive relief exist and that Brazos County is entitled to relief enjoining any conduct by applicant which is contrary to the policies Tlris perurit is. a revocable permit. Brazos County reserves the right to revoke this permit at any !late, in the sole discretion of Brazos Couuly, for interests of public health, safety or welfare, or for failure to repair any damages upon demand, orfor any other reason deemed sufficient by Brows County. In the event Company fails to complj, with any or all of the requirements as set forth herein, the County maj► take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Pernril by verbal notfflcatlon to the Applicant/Conipany. Failure to obtain this pernril a dlor notify ilne Counij► Engineer's Office Ivithia 24 hours of beginnnilrff construction shall constitute grounds for job sh aldown. 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. -i ZCKSON CRF.F.K STIR Company Name •� mol✓ Dy: Signature 6£�iEfF b MANAG—MR Title P_n_ B— 475.E Address 73RYAN, TX. 77805 City State Zips _(979) 589-3030 Telephone Number W� Scytll@oncreek.com Email: Vol. 311.Q pg. Q1,61 WATER UTILITY APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated except as noted below: EXCEPTIONS: (Month/Day/Year) ,, Brazos County Engineer 0 CC F\ 0 x 0 s ca W 0- LLI J tu u 0 R IG HT -0F4 AY AvWJO-1HJIm vi'I LU a w z 0 F= Q t— En z O Q LL- L z O 1= V O J F- a LU D cn 4 H z 0 J z 0 O z Q V z z Ct J d 4 F- W m z a V U3 Q a d z �C J LJ J m V d Q. z W LLI J m U a Q z cn z O V LU iii LU Cl z Q J CL LL! O m d LL. {r3 N a m N Ct3 Vol. l Cp Pg. aQ 0 0 N O N n ri v w v cm O L2 U H ro x A O N O N O A E O Q 0 w o kD m N a O w m vi W a' U > OcW�ix z0 MQ m UJ W in O r O Z >. m 0 Q Uj = _ tAjz Z Q x LLui Lr) L J Q z VS rl z OCL OZE. O u a D 3 0 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 ("13NIP") (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. S. Safety Requirements l . 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; 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 any time work is being performed. 3. Plan must set forth the time of completion for the job. D. D"si n Standards 1. All overhead installations shall conform to clearance standards of the Teras Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Uliiilies 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 I' 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 longer than 400' -- if left open over night or unattended. 8. 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; Vol.'Q p! �.. 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 Pian 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. E. Enmernenev work 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 E �� 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 e4 t a facilities 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. Higb Pressure Pipelines I. 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 Type 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 10' 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 Road within 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. Vol. 3 ll� Pg. aq 4 I UR Bib At s a CL S6ge�..3-,=; �rj�� m •b-6b� $ *Oita � _pp �f11 aR QQaK CC J�OIaa1G • Jc.IIno175 •. 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BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2019-2020 BUDGET YEAR NO. 19/20 39.1— 39.5 On this the 30th 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 30th 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 30th day of June 2020. THE CONDWSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. 31 Pg. agLP BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19120 - 39.1 Park 3 L 'Db 0 _p 1p N ,Judge p .Approval vol. pg. --a97 FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 11001000 65050000 CR Building MaInt. 1,718.00 01000 11001000 60500000 DR Equipment & TT Enliancemcnt 1.718,00 vol. pg. --a97 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19/20 - 39.2 Dnpi pit ,6/24/2020. J 'D arb#eq!;6pp!o0 4" only _judqeAp _.pro ___LL,tiL FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 00000000 46023000 CR Donations -Other 1,400.00 01000 35500100 60010000 DR Donated Property - No Tag, 1,400.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19120 - 39.3 � ',jDate,De' A paritmjaq!ppr _ D' Vol. ILP pg- ;),qq R'A � --- -5, Y3 Z' 11n, IV Pwig-W FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 00000000 46023000 CR Donations - Other 2.800.00 01000 35500100 60010000 DR Donated Property - No Tac 2,800.00 Vol. ILP pg- ;),qq BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19120 - 39.4 recognize the TAC Insurance Claim in the amount of 51,000,000 for the recent hail and min damage due to a storm. Once all quotes are returned regarding cacti building's damage, W D@pAr_t_rre.rE A 0 I—", '6124/20&, 1-1c) .� l� Pg. .F. -V01.9 '—A -P V' �4' P -41M Q FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 00000000 46040000 CR Insurance Claims 1,000,000.00 01000 11000500 65050000 DR Building Nfaint. 1.000,000.00 1-1c) .� l� Pg. .F. -V01.9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19120 - 39.5 6130/2020 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Contingency Departmental Su on 1,148.10 General Fund County Jude Minor Acquisitions 1.148.10 Commissioners' Court and County Jude Reallocation of funds to the appropriate department's account to purchase a laptop for the General Counsel. -a f t, nnp ;Oates 411 3 !Department A royal'- _._,. � -: Date;r_ r ri gtyTdgeApproval -..._. .. ;:yDate,._ For:Acroaodn�Pa osesOnl g�= _ ,�,-k fl: � e�ss°sn ,�_ ,W ,^� FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 11001500 61130000 CR Contingency 1,148.10 01000 10000100 67203000 DR Minor Computer Hardware 1,148.10 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 6/30/2020 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 County Judge Exposition Center Health Clinic Roach, Kimberly Avila, Jazmine Hall, Allen Lambert, Joshua Rueda, Guadalupe Hudson, Lane Approved in Commissioners' Court: 6/30/2020 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Employment Separation Change of Status Change of Status Separation Separation