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2020-08-18 10:00AM REGULAR MEETING
.` BRAZOS COUNTY BRYAN, TEXAS 770!!G ! U A! I: 0 3 i�'•rI, lY-r NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON AUGUST 18, 2020 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance -U.S. and Texas Flag - Commissioner Berry 2. Call for Citizen input and/or concerns 3. Approval of donated or unclaimed. property left by inmates leaving the Brazos County Jail. 4. Consideration and approval of a Resolution Authorizing Notice of Intention to Issue Certificates of Obligation. 5. Request from Facility -Services for a Payment Authorization to PB Parent LLC for the fire hose inspections at the Brazos County Detention Center in the amount of $764.50. A Purchase Order was not obtained in advance. 6. Request form Facility Services for a Payment Authorization to PB Parent LLC for fire hose inspection at the Brazos County Administration Building in the amount of $208.50. A Purchase Order was not obtained in advance. 7. Consider and take action on a possible county burn ban. 8. Approval of Order Dividing One Election Precinct and Creating Another Election Precinct due to City of Bryan Ordinance 2410 annexing 8.47 Acres. 9. Approve Order Dividing One Election Precinct and Creating Another Election Precinct due to City of Bryan Ordinance 2372 annexation of 15.1.7 acres. 10. Approval to purchase Cepheid equipment and supplies from McKesson in the amount of $171,101.71 for COVID testing of Brazos County employees and inmates. This includes 3,700 testing kits and equipment in order to provide testing through December Vol. pg.. 30, 2020. 11. Approval of the Order exempting the purchase of equipment and supplies for the testing of County employees and inmates for COVI D-19, as required by the Texas Local Government Code 262.024(a)(2), "to preserve or protect the public health or safety of the residents of the county". 12. Approval of the Memorandum of Understanding between Brazos County and the Brazos County Health District for Public Health Emergency Funding. 13. ACA Reporting and Tracking Service 2020 Renewal Confirmation Program Agreement for Form 1095C required to be sent to employees with Health Insurance. 14. Contract renewal with Hays County for juvenile detention and residential services. 15. Amendment to Contract 20-067R for Cutback Asphalts with Cleveland Asphalt Products to accept decrease in pricing. 16. Amendment to Contract 20-075 for Asphalts, Oils, & Emulsions with Cleveland Asphalt Products to accept decrease in pricing. 17. Approval of Contract #20-145 License Agreement for Odyssey Ware with Edgenuity for the Juvenile Department. 18. Award of Bid #21-010 for Water Treatment with Fort Bend Services, Inc. 19. Renewal of 21-011 R for Fire Extinguishers, Sprinkler Systems, I rispections, Maintenance and Testing with Pye Barker Fire & Safety. 20. Approval of Contract 21-019 Risk and Needs Assessment for Brazos County Juvenile Department with Noble Software Group, LLC. 21. Consider and take action on the Bryan Texas Utilities permit to cross Matt Wright Road with an overhead electric line 2.12 miles west of FM 159. Site is located in Precinct 1. 22. Consider and take action on the Brazos WI FI utility permit to conduct 10 road bores for the installation of a fiber optic communication cable for internet service on Old Reliance Road. Sites are located in Precinct 2. 23. The Final Plat of Messina Hof Estates Lot 25R1 Lot 25R5 being a Replat of Messina Hof Estates Lot 25; 5.24 Acres, Volume 13445, Page 294; Thomas M. Splane Survey, A-53; Bryan, Brazos County, Texas. Site is located in Precinct 2. 24. The Final Plat of Old Spanish Trail Estates Phase 1, Block 2 Lots 5A & 5B being a Replat of Old Spanish Trail Estates Phase 1, Block 2, Lot 5; O. Wilcox Survey, A-234, L. McLaughlin Survey, A-38; 6.092 Acres; Bryan, Brazos County, Texas. Site is located in Precinct 4. 25. Presentation of the Brazos County Proposed Budget for Fiscal Year 2020-2021. 26. Establish the date and time for a Public Hearing on the Proposed Budget for Fiscal year 2020-2021. 27. Tax Refund Applications for the following: Overpayments • a. John & Viola Walker - $136.37 • b. Carolyn Reese - $20.00 • c. Myra Moncivais - $77.38 • d. Ernest C. Stewart - $196.69 • e. Dimple Wilson Suseberry-$118.38 • f. David & Brenda Terral - $72.65 VCA. -31 Pa. 0 Id • g. Todd Homes - $6.01 4 28. Budget Amendments. Budget Amendments FY 19/20 46.1 -46.14 29. Personnel Change of Status. Personnel Action Forms 30. Payment of Claims. 31. Acknowledgement of Investment Report for Quarter Ending 6/30/2020. 32. Juvenile Director's report on inmate population. 33. Sheriff's report on inmate population. 34. Announcement of interest items and possible future agenda topics. 35. Call for Citizen input and/or concerns 36. Adjourn. A Vol. 31q Pg. l�)1 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The COMMISSIONERS COURTROOM OF THE cOUNTY aDMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. vo9.1� Pg. 13 MINUTES AUGUST 18, 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, August 18, 2020 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Chuck Kdnderla, 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. Invocation and Pledge of Allegiance -U.S. and Texas Flag - Commissioner Berry 2. Call for Citizen input and/or concerns There was no citizen's input. 3. Approval of donated or unclaimed property left by inmates leaving the Brazos County Jail. A copy of the donation forms is attached. Vol. 3�q ��• X33 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 4. Consideration and approval of a Resolution Authorizing Notice of Intention to Issue Certificates of Obligation. Dennis Waley, Financial Advisor participated by telephone and explained that this was just the first step in issuing Certificates of Obligation. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 5. Request from Facility Services for a Payment Authorization to PB Parent LLC for the fire hose inspections at the Brazos County Detention Center in the amount of $764.50. A Purchase Order was not obtained in advance. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 6. Request form Facility Services for a Payment Authorization to PB Parent LLC for fire hose inspection at the Brazos County Administration Building in the amount of $208.50. A Purchase Order was not obtained in advance. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Bent', Cauley, Konderla, Peters. 7. Consider and take action on a possible county bum ban. Jason Ware with Brazos County Emergency Management gave a report on the current conditions. Mr. Ware stated the KBDI Drought Index average is 602, the maximum is 723 and the minimum is 438. These numbers have risen significantly and two of the four Fire Chiefs are now requesting a bum ban. Judge Peters then inquired about possible rain in the forecast. Commissioner Berry asked which Fire Chiefs were in favor of the bum ban. Mr. Ware responded that Precinct 3 and 4 Fire Chiefs are in favor of the burn ban. Commissioner Berry then made a motion to approve a bum ban for Brazos County. Commissioner Konderla seconded the motion and it passed unanimously. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 8. Approval of Order Dividing One Election Precinct and Creating Another Election Precinct due to City of Bryan Ordinance 2410 annexing 8.47 Acres. [ vol. 2A�q pg. 2�A i A copy of the order is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 9. Approve Order Dividing One Election Precinct and Creating Another Election Precinct due to City of Bryan Ordinance 2372 annexation of 151.7 acres. A copy of the order is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by. Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 10. Approval to purchase Cepheid equipment and supplies from McKesson in the amount of $171,101.71 for COVID testing of Brazos County employees and inmates. This includes 3,700 testing kits and equipment in order to provide testing through December 30, 2020. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 11. Approval of the Order exempting the purchase of equipment and supplies for the testing of County employees and inmates for COVI D-19, as required by the Texas Local Government Code 262.024(a)(2), "to preserve or protect the public health or safety of the residents of the county'. A copy of the order is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 12. Approval of the Memorandum of Understanding between Brazos County and the Brazos County Health District for Public Health Emergency Funding. A copy of the memorandum of understanding is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 13. ACA Reporting and Tracking Service 2020 Renewal Confirmation Program Agreement for Form 1095C required to be sent to employees with Health Insurance. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 14. Contract renewal with Hays County for juvenile detention and residential services. A copy of the contract renewal is attached. Vol. C( P a Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 15. Amendment to Contract 20-067R for Cutback Asphalts with Cleveland Asphalt Products to accept decrease in pricing. A copy of the amendment tabulation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 16. Amendment to Contract 20-075 for Asphalts, Oils, & Emulsions with Cleveland Asphalt Products to accept decrease in pricing. A copy of the amendment tabulation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 17. Approval of Contract #20-145 License Agreement for Odyssey Ware with Edgenuity for the Juvenile Department. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 18. Award of Bid #21-010 for Water Treatment with Fort Bend Services, Inc. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded Bid Contract IQ #21-010 Water Treatment to Fort Bend Services, 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. 19. Renewal of 21-011 R for Fire Extinguishers, Sprinkler Systems, Inspections, Maintenance and Testing with Pye Barker Fire & Safety. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 20. Approval of Contract 21-019 Risk and Needs Assessment for Brazos County Juvenile Department with Noble Software Group, LLC. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 21. Consider and take action on the Bryan Texas Utilities permit to cross Matt Wright Road with an overhead electric line 2.12 miles west of FM 159. 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. 22. Consider and take action on the Brazos WI FI utility permit to conduct 10 road bores for the installation of a fiber optic communication cable for intemet service on Old Reliance Road. Sites are located in Precinct 2. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 23. The Final Plat of Messina Hof Estates Lot 25R1 - Lot 25R5 being a Replat of Messina Hof Estates Lot 25; 5.24 Acres, Volume 13445, Page 294; Thomas M. Splane Survey, A-53; Bryan, Brazos County, Texas. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 24. The Final Plat of Old Spanish Trail Estates Phase 1, Block 2 Lots 5A & 5B being a Replat of Old Spanish Trail Estates Phase 1, Block 2, Lot 5; O. Wilcox Survey, A-234, L. McLaughlin Survey, A-38; 6.092 Acres; Bryan, Brazos County, Texas. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 25. Presentation of the Brazos County Proposed Budget for Fiscal Year 2020-2021. Judge Peters presented the attached proposed budget for Fiscal Year 2021. Commissioner Aldrich stated that he appreciates everyone's work on this budget. He thanked departments for reducing their budget by 10% or more. Commissioner Aldrich said he likes that we have more emphasis on capital improvement than we have had in past budgets and a debt service rate that doesn't increase significantly now or going into the future. Commissioner Aldrich said he would like to see us closer to the "no new revenue" rate at .4900 or .4925 so that we can give the maximum amount of property tax relief possible to citizens this year. Motion: Approve, Moved by, Seconded by. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 26. Establish the date and time for a Public Hearing on the Proposed Budget for Fiscal year 2020-2021. The Court voted unanimously to establish the date and time for a public hearing on the proposed budget for Fiscal Year 2020 - 2021 for September 2, 2020 at 1:30 p.m. in the Commissioners' Courtroom. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 27. Tax Refund Applications for the following: Overpayments • a. John & Viola Walker -$136.37 • b. Carolyn Reese - $20.00 • c. Myra Moncivais - $77.38 • d. Ernest C. Stewart - $196.69 • e. Dimple Wilson Suseberry - $118.38 • f. David & Brenda Terral - $72.65 • g. Todd Homes - $6.01 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 28. Budget Amendments. Budget Amendments FY 19/20 46.1 - 46.14 46.1 Transfer funds from Contingency to the Budget Office, Elections Administration and Emergency Management. 46.2 Reallocate funds for Risk Management 46.3 Reallocate funds for Justice of the Peace, Pct. 3 46.4 Reallocate funds for Sheriff Office -Jail Medical 46.5 Reallocate funds for Constable, Pct. 1 46.6 Reallocate funds for Constable, Pct. 4 46.7 Reallocate funds for Juvenile TJJD Grants 46.8 Reallocate funds for Facility Services 46.9 Transfer funds from Capital Improvement to Road & Bridge 46.10 Reallocate funds for Health and Life Wellness Programs 46.11 Reallocate funds for Records Management 46.12 Reallocate funds for Juvenile - TYC Parole 46.13 Reallocate funds for Justice of the Peace, Pct. 2 46.14 Transfer funds from Contingency to Coronavirus Relief Fund-TDEM Grant Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. Vol.-alqpg. �� 29. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 30. Payment of Claims. Claims 8102018-8102153 9000384-9000415 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 31. Acknowledgement of Investment Report for Quarter Ending 6/30/2020. The Court acknowledged receipt of the Investment Report for Quarter Ending June 30, 2020. 32. Juvenile Director's report on inmate population. Juvenile Director Linda Ricketson reported there are 13 juveniles in the detention center, 9 are male and 4 are female, and 25 have electronic monitors. There are 5 new youth in isolation as per medical protocol. Ms. Ricketson also reported the children are starting school. She stated that the teachers would teach online from their offices for at least four weeks, rather than having direct contact with the children. - The children will all receive chrome books. 33. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 550 inmates in jail, 491 inmates are male and 59 are female, 15 have electronic monitors and 7 are pending for monitors. Sheriff Kirk reported 19 inmates positive for COVID-19 and 190 inmates are quarantined. There are 8 detention officers that are positive and 3 officers in quarantine. 1 detention civilian staff member is positive and 1 is in quarantine. No inmates are hospitalized at this time. 2 staff members are in the hospital. The one staff member reported on last week has shown improvement. 34. Announcement of interest items and possible future agenda topics. Commissioner Cauley announced that she is working with Ponch Gonzales, District Coordinator for the Texas Division of Emergency Management on State Mobile Testing Sites (MTS) for COVI D-19. There will be no cost for testing. The dates and locations that are being considered are as follows: va. 3 pg. 13G The foregoing minutes of the Commissioners Court Meeting held August 18, 2020 have been examined and are approved in open Court this 1st day of September 2020, in Bryan, Brazos County, Texas. Duane Peters County Judge Chuck Konderla Commissioner; Precinct 2 Irma Ca a y'� Commissioner, Precinct 4 Attest: Karen McQueen County Clerk Steve Aldrich Commissioner, Precinct 1 Nancy Bert Commissioner, Precinct 3 V"01. 319— pg. ILAo Pg 1 of BRAZOS COUNTY COMMISSIONER'S COURT 116 , DAY OFo , 20 rl,O Ic7 J&PM, Name (PLEASE PRINT) " k%"" V-'.� n( - Organizatioid- (PLEASE PRINT). Vol. P9.W1-- BRAZOS COUNTY COMMISSIONER'S COURT DAY Name (PLEASE PRINT) Pg 7i of 2 Organization (PLEASE PRINT) ecn"� sf�a r� Iam.� -xft- I�vdC� �- BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY * ' DONATION OF COUNTY PROPERTY Date: 08111/20 []Acceptance of Donated/Awarded Property ❑ Donation of County Property (Awarded property requires signed court documentation) Acceptance of Donated Inmate Property (Requires signed inmate documentation —NO VALUE ASSESSED) Item Description: e 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: Functional Non -Functional. Explain if Non -Functional SNNIN #: Additional Description/Information: Clothing, Jewelery, Electronics and other Misc items left by inmates leaving the Brazos County Detention Center in the month of April. Estimated Value: Check the appropriate account based on estimated value of property being accepted: ❑ 61235000 (Donation - Other)* ❑ 60010000 (No Asset Tag - Under $500) ❑ 67010000 (Minor Pmperty 4500. - $4999) ❑ 80010000 (Capital Property - Over $5000) Check the appropriate entity property being donated to: Govemment Entity, Brazos County Sheriffs ( Organization Name Other (Due to Statuatory requirements prior approval is required by Purchasing: Organization Name uonarron,- utaer account OIZ55000 is to be used ONLYfor cash/check funds donated to Brazos County. 1 certify that the above-mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become apart 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: Irn'�� C `5— _ Authorized Signature Approved by Com Court this J2, day of Commissioners Court Approval va. s� Pg. li3 { BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPO IION FORM Date Inmate Left Facility ')t c� ZD JAIL ID#: 311264 SON: 93549 This is to advise you, PETTIT, SCOTT ANTHONY, that the Brazos County Office of the Sheriff wiII 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 lona wait times schedule the pickup (24 hours in advance), I) �tr►4�tr�-� at &.4 -6 -ow, 2)9 -tea Slier t W41ocki yp f� 3) 4) 5) LIST OF PROPERTY 6) 7) 8) 9) 10) Signature of Inmate: Date: 0 07 u Time• OL,'7 Signature of Jailer: Date:' 0 1) Time: M_3V 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: 182S inmate Property Disposition Vol. Pg. �L BRAZ°OS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM # Date Inmate Left Facility CIK A -La .[AIL ID#: 301108 SO#: 60023738 This is to advise you, RAY, ROBERT NOEL, 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 Seely Point Rd. Bryan, TX 17803. To avoid long wait times schedule the pickup (24 hours in advance) LIST OF PROPERTY n Signature of Inmate:,t,�- JCS ,_ Date: Time: Signature of Jailer: _UAJ 11-11%0% Date: Lk'l \2d Time: Property disposed by: Person designated to pick up property: Name: _5.1,.ss: a `Q< < rti..DVAS Address: Telephone: °t -1 ck - 7wk . y b co3 Date: Time: 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 Disposition Va. 3� 9 P9• I L 2) 3)_ 5S C�� 's��: 3 �o Sw �:.� g) 4) C_a,.,�s�..�.-C��c� 9)_ /u S)�,-�� E4 `' `l�� i 2o- t�,11�S1iwa 0) Ve.%t n Signature of Inmate:,t,�- JCS ,_ Date: Time: Signature of Jailer: _UAJ 11-11%0% Date: Lk'l \2d Time: Property disposed by: Person designated to pick up property: Name: _5.1,.ss: a `Q< < rti..DVAS Address: Telephone: °t -1 ck - 7wk . y b co3 Date: Time: 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 Disposition Va. 3� 9 P9• I L BRAZOS COUNTY DETENTION CENTER { INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility QV/ y&Q_ JAIL ID#: 313449 SO#: 92427 This is to advise you, PADILLA, MYRA CHRISTINE, 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 picas 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 Ions wait times schedule the pickup (24 hours in advance). 1) 1 1155lu0 %v 2) `16(aaC - Pia- a 3) 5 LIST OF PROPERTY 7) 8) 9) 10) Signature of Inmate: Date: Time: Signature of Jailer: Date: -a ftneTime:� Property disposed by:. Person designated to pick up property: Name:17— NAWRlls. Address: yug a ROCZ -_Crrld Qa Telephone: 1674/ -a lb' Date:—Time: 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) 13 form:18251nmate Property D1:positton Vol. Pg. BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility ,TAIL ID#: 313597 SO#: 131480 This is to advise you, Delagarza, Pete Manuel, 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, TY 77803. To avoid longi wait times schedule the pickup (24 hours in advance). LIST OF PROPERTY 1 5) 2): 7) 3) 8) 4) 9) 5) 10) Signature of Inmate: Date: Time: Signature of Jailer: Date: Time: OY1W) Property disposed by: Date: Time: Person designated to pick up property: Name: Tem ir-fra-_ Address: -41041&j`�= 55 - Telephone:. g79 -SII ry 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 blsposhlon _® Vol. pg. -1® BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility 10?J JAIL IDN: 304677 SO#:113948 This is to advise you, BELL, XZAVIER KENTE, 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 Defention Center 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times schedule the pickup (24 hours in advance). LIST OF PROPERTY 3)il (' g 4) 5) 6) 7) 8) 9) I0) Signature of Inmate: Date: 0 V-7 ' 1W Time: 06 3 Signature of Jailer: Date: -it i= Time Property disposed.by: Date: Time: Person design2od to pick up property: Name: 4o-5G� tali Address: ?'yr 13oy Wg'S Telephone: (17 9 — 21 � - WO&S Signature of Officer Releasing Property Date: t:. Signature of Person Pick up Property Date: (Include a copy of the person's identification that is picking up the property) Forin:1825.1nmate Property Disposition Vol. Pg. s . BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPO IT ON FORM Date Inmate Left Facility (Ai 0 21 iJ 7D JAIL IDN: 311409 SON: 119941 This is to advise you, JACKSON, STEVE ALLEN, 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 long wait times schedule the pickup (24 hours in advaneel. LIST OF PROPERTY I I en IC61, Wii 14. 41IM W,E1+6t 6) Z) oi�. �� MMAII�A 1AV lukA, 7) 3 S�AbcS _ �E11 AtNI� bar t�mx 8) t� 4)— smis it 9) 5) 10) Signature of Inmate: Date: ok0 12A& Time: L' 62 Signature of Jailer: Date: C 0 c 2D Time:�� Property. disposed by: Date: Time: Person designated to pieup property: Name: T r-,eZ .. " e r S Address: SCO, Ac. r -L 2d 13ry G,% , T `775b-7 Telephone: Ct -7 —7 -7 S- S 1(p Signature of Officer Releasing Property Date: Signature of Person Pick tip Property Date: (Include a copy of the person's identification that is picking up the property) Form: 1825 Inmate Propertyl)ispositton Vol. I ~i q.Pg. BRAZOS COUNTY DETENTION CENTER INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility pllphi,7 JAIL ID#: 303853 SON: 2529914 This is to advise you, HAWKINS, RODNEY CHARLES, 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 DetentiowCenter 1835 Sandy Point Rd. Bryan, TX 77803. To avoid long wait times schedule the nickun (24 hours in advance). a 3)Pial 4) (� Ijt A%[�- 5) Signature of Inmate: Signature of Jailer: LIST OF PROPERTY 6) 7) 8) 9) 10) Property disposed by: Date: Time: Person designated to pick up property: Name: Address: Telephone: Signature of Officer Releasing Property Date: 1 02 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 DIspasitlon vol. P0-. BRAZOS COUNTY DETENTION CENTER ► INMATE PROPERTY DISPOSITION FORM Date Inmate Left Facility _019A2 Idn JAIL ID#: 301918 SO#: 52%8 This is to 'advise you, MALONE, DAVID LEE, 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. Biyan, TX 77803. To avoid long wait times schedule the ipickuy (24 hours in advancel. 2)_ 1 TX T� 3) t ) LIST OF PROPERTY 6) 8) 9) 10) Signature of Inmate: Date: Time: Signature of Jailer: Date: y�/ T'une; Property disposed by: Date: Time: Person des i ated to pickup property: Name: via Wa o Address: PiY%tciS iL� �� •sem � . Telephone: 3416 - S(OC)_615-7 Signature (00-813- 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: 2825 Inmate Property Disposition Vol. — P9. RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION WHEREAS, the Commissioners Court (the "Commissioners Court") of Brazos County, Texas (the "County"), finds that financing the design, planning, acquisition, construction, equipping, expansion, repair, renovation, and/or rehabilitation of the public property, as well as the payment of fees for professional services related thereto, described in Exhibit A hereto would be beneficial to the inhabitants of the County, and such property is needed to perform. essential governmental functions; and the Commissioners Court has determined that certificates of obligation (the "Certificates") should be issued pursuant to the provisions of the Certificate of Obligation Act of 1971, Section 271.041 et seq., Texas Local Government Code (the "Act"), for such purposes; WHEREAS, prior to the issuance of the Certificates, the County is required under the Act to publish notice of its intention to issue the Certificates in a newspaper of general circulation in the County and on the County's website, the notice stating: (i) the time and place the Commissioners Court tentatively proposes to pass the ordinance authorizing the issuance of the Certificates; (ii) the purpose of the Certificates proposed to be issued; (iii) the manner in which the Commissioners Court proposes to pay the Certificates, whether by taxes, revenues, or a combination of the two; (iv) along with the following: (A) the then -current principal of all outstanding debt obligations of the County, (B) the then -current combined principal and interest required to pay all outstanding debt obligations of the City on time and in full, which may be based on the County's expectations relative to the interest due on any variable rate debt obligations, (C) the maximum principal amount of the Certificates to be authorized, and (D) the estimated combined principal and interest required to pay the Certificates to be authorized on time and in full; (v) the estimated interest rate for the Certificates to be authorized or that the maximum interest rate for the Certificates may not exceed the maximum legal interest rate; and (vi) the maximum maturity date of the Certificates to be authorized; WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was passed, was open to the public and public notice of the time, please, and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Section 1. Attached hereto and marked Exhibit A the "Notice of Intention to Issue Certificates of Obligation" (the "Notice"), the form and substance of which are hereby adopted and approved. Section 2. The County Judge or the County Clerk shall cause the Notice to be published in a newspaper, as defined in Section 2051.044, Texas Government Code, of general circulation in the County for two consecutive weeks, the date of first publication to be at least 45 days prior to the date tentatively set for the order authorizing the issuance of the Certificates. Section 3. That the County Clerk shall further cause said notice to be posted on the County's internet website for at least 45 days before the date tentatively set for the passage of the order authorizing the issuance of the Certificates. Section 4. The County Judge and the County Clerk are hereby authorized and directed to execute the Certificate to which this Resolution is attached on behalf of the Commissioners Court and to do any or all things proper and necessary to carry out the intent thereof. Section 5. That this Resolution shall become effective immediately upon adoption. Vd. 19 pg. 15a :Ii-1.3T1 NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION NOTICE is hereby given that it is the intention of the Commissioners Court of Brazos County, Texas (the "County") to issue interest-bearing Certificates of Obligation of the County to be designated and known as the `BRAZOS COUNTY, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2020" (the "Certificates") for the purpose of providing for the payment of contractual obligations to be incurred for the design, planning, acquisition, construction, and renovation of public property, specifically being (1) the County Jail Kitchen; (2) the Ag Extension Building; (3) the Justice of the Peace and Constable Precinct #1 Building; (4) land and/or property for County facilities including;the Facilities Services and Road and Bridge Departments; (5) equipment and vehicles for various County departments; (6) roof replacement and repairs at County owned buildings; (7) County wide' road improvements and rehabilitation; and (8) the payment of contractual obligations for professional services in connection with such projects (including, but not limited to, financial advisory, legal, architectural, and engineering). The Commissioners Court tentatively proposes to authorize the issuance of the Certificates at its regular meeting place in the Commissioners Court meeting room, Brazos County Administration Building, 200 South Texas Avenue, Suite 310, Bryan, Texas, at a Regular Meeting of the Commissioners Court to be commenced at 9:00 a.m., on the 6th day of October, 2020, in an amount not to exceed $26,000,000. The Commissioners Court presently proposes to provide for payment of the Certificates by the pledge of an annual ad valorem tax levied upon all taxable property within the County, within the limits prescribed by law, and by a pledge of $1,000 of certain of the revenues received by the County from the operation of the Brazos Center. The Certificates are to be issued, and this notice is given, pursuant to Section 271.041, et seq., Texas Local Government Code. The current principal of all outstanding debt obligations of the County is $72,125,000.00, the combined principal and interest required to pay all currently outstanding debt obligations of the County on time and in full is $89,272,623.00, the estimated combined principal and interest required to pay the Certificates on time and in full is $42,412,027.78, the estimated interest rate for the Certificates is 5.000%, and the maximum maturity date of the Certificates is September 1, 2040. Market conditions affecting interest rates vary based on a number of factors beyond the control of the County, and the County cannot and does not guarantee a particular interest rate associated with the Certificates. /s/ Duane Peters County Judge, Brazos County, Texas A— 1 4842-0170-8743v.1 41365-18/13/2020 Vol.. 1 pg, CERTIFICATE FOR RESOLUTION We, the undersigned County Judge and County Clerk of Brazos County, Texas (the "County"), hereby certify as follows: 1. The Commissioners Court of the County (the "Commissioners Court") convened in regular session, open to the public, -on August 18, 2020 (the "Meeting"), at the designated meeting place, and the roll was called of the duly constituted officers and members of said Commissioners Court, to wit: Duane Peters, County Judge Nancy Berry, Precinct No. 3 Steve Aldrich, Precinct No. 1 Irma Cauley, Precinct No. 4 Chuck Konderla, Precinct No. 2 NIA--, and all of said persons were present, except 1 �1 A— , thus constituting a quorum. Whereupon among other business, the following was transacted at the Meeting: a written Resolution entitled: RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION - (the "Resolution") was duly introduced for the consideration of the Commissioners Court. It was then duly moved and seconded that the Resolution be finally passed and adopted; and after due discussion, such motion, carrying with it the adoption of the Resolution prevailed and carried by the following vote: YES: ✓ NOES: S ABSTENTIONS: Q 2. A true, full, and correct copy of the Resolution adopted at the Meeting is attached to and follows this Certificate; the Resolution has been duly recorded in the Commissioners Court's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Commissioners Court's minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are duly chosen, qualified; and acting officers and members of the City Council as indicated therein; each of the officers and members of the Commissioners Court was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and consideredfor adoption at the Meeting and each of such officers and members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required -by Chapter 551, Texas Government Code, as amended. 3. Karen McQueen is the duly appointed and acting County Clerk of the County. SIGNED AND SEALED this August 18, 2020. C un G1'erk'. ;(C= )k?I1 II3 OURT SEAL) 2 6!� X County Judge r Vol. l 5� ..• P�. BRAZOS COUNTY BRYAN, TEXAS ORDER 20-020 PROHIBITION OF OUTDOOR BURNING WHEREAS, in accordance with provisions of the Texas Local Government Code, Chapter 352, a drought condition exists or has existed in Brazos County, Texas as determined by Texas Local Government Code Chapter 352; and, WHEREAS, the Commissioners Court makes a finding that circumstances present in all or part of the unincorporated area of Brazos County create a public safety hazard that would be exacerbated by outdoor burning. BE IT THEREFORE ORDERED that the following regulations are hereby established for all unincorporated areas of Brazos County, Texas for the duration of the above mentioned declaration; Action Prohibited: A person violates this order if he or she burns any combustible material outside ofan enclosure serving to contain all flames and/or sparks, or orders such burning by others. 2. Enforcement: A. As soon as possible, a duly commissioned peace officer shall be sent to the scene to investigate the nature of the fire. B. Upon notification of suspected outdoor burning, the fire department assigned to the location of the fire shall respond to the scene and take immediate measures to contain and/or extinguish the fire. C. If in the opinion of the officer at the scene and/or the fire chief, the goal of the order can be attained by informing the responsible party about the prohibitions established by this order, the officer may, at his discretion, notify the party about the provisions of this order and request compliance with it. In such instances, an entry of the notification shall be made into the dispatchers log containing the time, date, and place of the warning, and the name of the person receiving the warning. At the discretion of the peace officer or the fire chief, second or flagrant violations of the order may be prosecuted in accordance with the statutes and procedures governing misdemeanors. This Order prohibiting Outdoor Burning takes effect on August 18, 2020 and will expire on November 16, 2020 unless terminated earlier by the Commissioners Court or the County Judge. The Commissioners Court hereby designates to the County Judge the authority to terminate this Order in accordance with Local Government Code Section 352.081(c)(2). This prohibition does not apply to prescribed outdoor burning activities related to public health and safety and/or trench -burning related to public health and safety that are authorized by the Texas Commission on Environmental Quality for: (1) firefighting training; (2) public utility; (3) natural gas pipeline or mining operations; (4) planting or harvesting of agriculture crops; or (5) bums that are conducted by a prescribed bum manager certified under Section 153.048 of the Texas Natural Resources Code, and meet the standards of Section 153.047 of the Texas Natural Resources Code. Vol. Pg. 165 6. Exception(s): A. Welding Welding may be allowed under the following guidelines only: Provide a spotter for each welder, each cutter, each grinder, and for any activity that causes or may cause a spark. • Maintain a minimum perimeter around the welding area of a radius of 25 feet or three times the height of the actual welding, whichever is greater. (Example: if the welding is occurring ten feet off the ground, a perimeter of thirty (30) feet radium must be protected). The perimeter must be clear of vegetation and kept wet. If the perimeter cannot be cleared of vegetation, proper precautionary measures must be taken (Example: protecting brush, etc, by utilizing fire resistant tarps). • Maintain a minimum of 100 gallons of water at the site. • Maintain a minimum of one (1) water pressure fire extinguisher per spotter. • No weldingshall occur if winds are greater than 20 mph or relative humidity is less than 30%. • Prior to conducting any welding activity, the welder shall give notice to the Brazos County Risk Manager and Brazos County Emergency Services (979-361-3888). The notice may be by phone but shall give the name of the welder conducting the welding operation, the location of the operation, cell phone number of other contact information, and the name of party responsible. B. Outdoor Cooking All outdoor cooking or open flame devices are prohibited. • Unless the cooking device is propane or natural gas and has a complete and full enclosure that it utilizes at all times. • Unless the cooking device is wood or charcoal and has a complete and fall enclosure that is utilized, and all areas around cooking device shall be clear of vegetation and/or combustible materials or debris for a 5' radius. BE IT ALSO ORDERED that this order may be enforced by any duly -commissioned peace officer and that the venue for prosecution of this order will be the Justice of the Peace. Vol. 1 pg. 16 tQ ORDER DIVIDING ONE ELECTION PRECINCT AND CREATING ANOTHER ELECTION PRECINCT WHEREAS, the City of Bryan approved Ordinance 42410 annexing 8.47 acres of land located in Voting Precinct 7; and WHEREAS, the new boundary lines of the City of Bryan do not follow the existing election precinct lines created by Brazos County; and WHEREAS, Section 42.007 states "A commissioners court may not establish a county election precinct containing territory inside a city with a.population of 10,000 or more and unincorporated territory outside the city"; and WHEREAS, the Commissioner's Court is desirous of complying with the City of Bryan city limit lines, and the Texas Election Code; and WHEREAS, compliance with the Texas Election Code requires the division of one (1) voting precinct and combining the annexed portion into another voting precinct or creating a new election precinct; and WHEREAS, Section 42.007 of the Texas Election Code provides for combining election precincts and creating election precincts-, NOW THEREFOR BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, that Pursuant to Section 42.007 of the Texas Election Code that Election Precinct 7 be divided to follow the City of Bryan city limit lines in Brazos County, Texas. to wit: 1. Election Precinct 7 be divided; 2. Election Precinct 104 be created to follow the new City of Bryan city limit lines and vote at the current polling location; ADOPTED by ythe Commissioners Court this 18th day of August, 2020 by a vote of 5 AYES and V NAYS. ATTEST: Duane Peters, County Judge Karen McQueen, County Cjerk Vol. 31R Pg.15 L e a M ! off. ti� • s� is � !:. { - -, ♦ �h , ,{� E�heaaae a 41 lo Iz 3 / e#kI it j In f xi fi a- r a0 -. �^ ,� �� 9�pDR,•�0 - til, � Y •' 4 OV°� ^ �2.i cj 41 74 cN 12 a G ° Asa tL Q � t �" ,` GS \ `� - F� o )fib• fa" 4�n� b`� yt nyti PSV , F" ORDER DIVIDING ONE ELECTION PRECINCT AND CREATING ANOTHER ELECTION PRECINCT WHEREAS, the City of Bryan approved Ordinance #2372 annexing 151.7 acres of land located in Voting Precinct 7; and WHEREAS, the new boundary lines of the City of Bryan do not follow the existing election precinct lines created by Brazos County; and WHEREAS, Section 42.007 states "A commissioners court may not establish a county election precinct containing territory inside a city with a population of 10,000 or more and i' unincorporated territory outside the city"; and WHEREAS, the Commissioner's Court is desirous of complying with the City of Bryan city limit lines, and the Texas Election Code; and WHEREAS, compliance with the Texas Election Code requires the division of one (1) voting precinct and combining the annexed portion into another voting precinct or creating a new election precinct; and WHEREAS. Section 42.007 of the Texas Election Code provides for combining election precincts and creating election precincts; NOW THEREFOR BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, that Pursuant to Section 42.007 of the Texas Election Code that Election Precinct 7 be divided to follow the City of Bryan city limit lines in Brazos County, Texas, to wit: 1. Election Precinct 7 be divided; 2. Election Precinct 103 be created to follow the new City of Bryan city limit lines and vote at the current polling location; ADOPTED by the Commissioners Court this 18th day of August, 2020 by a vote of 5 AYES and _� NAYS. ATTEST: Duane Peters, County Judge L � mar n iblcpueen, C unty Clerk !Vol. .l Pg. (�� W r-. Z. 4j N. 21' 1 _ " �'J,yb! i '•4• l�orraea�a �Oyrooya� ^�, r O aA,' r, s - '`,P'a'aq••. �,va.a .we sst •s� ,))�34, 4. R_ � �6„a�'eJ c s '4 t�v )�igp ` s^ -•,9(y3", _. i { .'�ti+ X09 �. °•` r s� %ip 1 7 4 I t �" ^' : v-z��� <r , �,� +�, .tib f•'0► ' *.� 3�, ry S d'O `� �` - � �?` O� C�--. Ob •i era Od+, � yf 'r ° �' � QQ' �'`. �Q• < 'i"fix'\" `, • ♦ lNi `'4 .5 3J r,:{ ,SOb�6 Pd ` m�v ftRG� . z 3 e '2 C `� s � � r < -. IAE a,•fJ r O l•, iS 35 21, a r t r � y r G '- " Y>a/ � 5 �• Y rT„ r;ySa i'r` � r •, ' 1' S' � �r •� `�x r � k � 5ti�' t - � Ivv '� s x� a'r ia. �l�.Q� 40Fi ,ti - ron. �I Pg..� . ORDER COMPETITIVE BIDDING REQUIREMENT EXEMPTION OF A CONTRACT TO PRESERVE OR PROTECT THE PUBLIC HEALTH OR SAFETY OF THE RESIDENTS OF THE COUNTY, MADE BY A COUNTY UNDER LOCAL GOVERNMENT CODE SECTION 262.024(A)(2)'. The referenced Agreement between Brazos County and McKesson for the purchase of equipment and supplies described in the referenced quotation and the subsequent purchase order constitutes a contract. The Brazos County Commissioners Court finds that this is a contract for the purchase of equipment and supplies necessary to preserve or protect the public health or safety of the residents of the County and is exempt from competitive bidding. This Order is made pursuant to V.T.C.A. Local Government Code §262.024(a)(2) and is to be entered into the Commissioners Court minutes. APPROVED () DISAPPROVED () BY COMMIS RS COURT ON (DATE) Duane Peters, County Judge Vol. 31qPg. I L1 MEMORANDUM OF UNDERSTANDNG BETWEEN BRAZOS COUNTY, TEXAS AND THE BRAZOS COUNTY HEALTH DISTRICT FOR PUBLIC HEALTH EMERGENCY FUNDING THIS MEMORANDUM OF UNDERSTANDING (MOU) by and between Brazos County ("COUNTY"), a political subdivision of the State of Texas, and the Brazos County Health District ("DISTRICT"), a political subdivision of the State of Texas with respect to COUNTY providing specific financial assistance to the DISTRICT for the purpose of responding to the disaster/public health emergency of COVID49. On March 13, 2020 a Disaster was declared in Brazos County, Texas due to the Public Health Emergency/Disaster caused by the COVID-19 Pandemic. WHEREAS, the Brazos County Health District provides Community Case Management, Resources and Health Authority expertise.for Brazos County WHEREAS, the Brazos County Health District is in need of funds to continue the unbudgeted COVED -19 Public Health Response for Brazos County. WHEREAS, Brazos County has access to reimbursable grant funds through the Coronavirus Relief Fund and wishes to assist the District with'their unbudgeted COVID-19 Public Health Response with those Funds. NOW, THEREFORE, the District, acting by and through its duly authorized Chairman of the Brazos County Board of Health and the County authorized County Judge, do hereby agree to the following: A. Term This Agreement.shall bein effect.from..September. 1, 2020 through December 30, 2020 unless earlier terminated as provided. B. Termination and Amendments Either party may terminate this MOU with thirty (30) days advance notice to the other party. In the event of termination,=any unused. funds.shaI1-be returned to theCounty -within .7. days of termination.. This -document -represents the entire MOU-between the parties. -Any amendments -shall be in writing and agreed upon by both parties. . ._ . C. Ditties and Responsibilities County Shall: 1. Provide $184,960 (one -hundred eighty -four -thousand nine -hundred and sixty dollars) of reimbursable grant fundsfrom the Coronavirus Relief Fund to the District by September 5, 2020. 2. Seek reimbursement through the Texas Department of Emergency Management. Vol. -1 Pg'. ll4a District Shall: Use grant funds to cover the unbudgeted costs to continue its COVED —19 Response by: a. Hiring 5 Temporary COVID-19 Case Investigators from September 5, 2020 through December 30, 2020 at $85,000. b. Pay staff overtime to cover weekends at $48,960 through December 30, 2020. c. Cover additional costs of Local Health Authority of $51,000 through December 30, 2020. 2. In the event that the projected expenses set forth above do not reach the amount provided by the County, the District shall use any unspent funds to purchase unbudgeted supplies by ,,December 30, 2020, to include but not limited to, masks, gowns, hand sanitizer„latex gloves, ;face shields and thermometers for the benefit of the District and/or the general public. D. Sovereim /Governmental immunity This MOU is expressly made subject the County's Immunity, including, without limitation, Title 5 of the Texas Civil Practices and Remedies Code and all applicable Federal and State laws. The parties expressly agree that no provision of this MOU is in any way intended to constitute a waiver of any immunities from suit or from liability or a waiver of any tort limitation that County has by operation of law or otherwise. Nothing in this MOU is intended to benefit any third -party beneficiary. These Indemnity and Immunity provisions shall survive termination, expiration or cancellation of this MOU or any determination that this MOU or any portion hereof is void, voidable, invalid or unenforceable. E. Compliance with Laws and Venue It is agreed by the parties that County and District must observe and comply with all applicable federal, state and local statutes, ordinances, rules and regulations. Texas law shall govern this MOU and exclusive venue shall lie in Brazos County, Texas. F. Notice and Correspondence All notices provided or permitted to be given under this Agreement must be in writing and may be served by depositing the same in the United States mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For the purposes of notice, the addresses of the parties shall be as follows: County: Brazos County Judge Brazos County Administration Building 200 South Texas Avenue Suite 332 Bryan, Texas 77803 Vol. _2J) q Pg. I o3 District: Director of the Brazos County Health District Brazos County Health District 201 N. Texas Avenue Bryan, Texas 77803 G. Savings Clause - If one or more provisions or terms contained in this Agreement shall, for any reason, be held invalid, illegal, or otherwise unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provision or term hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision or term had never been contained herein. 1H. Agreement/Sionatures APPROVED by Brazos County Commissioners Court at a regular meeting held on 2020. ATTEST. B OS C TY: Karen Meen, C un Clerk Duane Peters, County Judge APPROVED by Brazos County Board of Health at a meeting held on .2020. BRAZOS COUNTY HEALTH DISTRICT: Greg Owens, Chairman, Board of Health Vol. ' I� F9• Ilu 1 ASSOCIATION Of COUNTIES AND EMPLOYEE BENEFurs POOL ACA Reporting and Tracking Service (ARTS) 2020 Renewal Confirmation Program Agreement HEBP Member: (Pooled Group or ASO) Program Services The ARTS program includes the following services: • Measurement, Administrative, and Stability Period tracking for 2020 and notification of eligibility for part-time / variable / seasonal employees (can provide tracking back to beginning of Measurement Period if 2019 data was provided by countyldistrict); • Reporting for your countyldistrict regarding the status of potential benefits -eligible employees; • Production of your county/district's 1095C forms, shipped to you for distribution to employees (optional direct mail service for additional fee); • Transmission of your countyldistrict's 1094C and 1095C forms to the IRS. Program Requirements 1) Participants must provide employer, payroll, employee and unpaid leave of absence (LOA) files related to the group's Health Benefits Plan in the file format designated by TAC HEBP. Payroll data must be provided for each payroll cycle. Employee files must be provided, at a minimum, once per quarter. LOA files may be provided if and when applicable. 2) Group agrees to pay program fees as described in the 2020 ARTS Fee Schedule. Enrollment and Data Submission Deadlines ■ Please reefer to the attached '2020 Deadlines for ARTS Files"- document for details. ■ Groups who wish to participate in the ARTS program must return the signed documents to TAC HEBP no later than April 15, 2020 in order to participate. Data file transmission to TAC HEBP must begin no later than August 3, 2020 to avoid late fees, however, we recommend that you continue .sending your files after each payroll or at least monthly to avoid getting backlogged. TAC HEBP = ARTS Renewal Confirmation Initials Program Agreement 2020 — Page lof 3 pg; -LU-5 TEXAs AssOCIATION Of COUNTIES HEALTH AND EMPLOYEE BENEFITs POOL ACA Reporting and Tracking Service (ARTS) HEBP Member (Fully Insured or ASO) 2020 Fee Schedule for Renewing Participant *Per 1095C form. Fees subject to change annually q—jroals TAC HEBP — ARTS Renewal Confirmation Program Agreement 2020 — Page 2 of 3 Vol. pg �1 1 �✓ ARTS Annual Subscription Fee x'$4.75 / form Waived 2 ! ❑ ' Optional Forms Distribution (group $1.50 / form If applicable, will be billed in 2021 chooses to have TAC mail employee forms) after forms are produced Late fee for service election form 3 ❑ (after 4/15/2020) $1,500 1500 4 ' Late fee for data submission $3 000 If applicable, will be billed in 2021: i (after 8/3/2020 and/or 11812021) after forms are produced Total Amount Due: (if zero, enter 0.00) $ *Per 1095C form. Fees subject to change annually q—jroals TAC HEBP — ARTS Renewal Confirmation Program Agreement 2020 — Page 2 of 3 Vol. pg �1 AssOCIATION AND EMPLOYEE ACA Reporting and Tracking Service (ARTS) Contact Designation Form Contracting Authority: 2mynms ULAn (Group Name) hereby designates and appoints, as indicated in the space provided below, a C tracting Authority of department head rank or above and agrees that any notice to, or agreement by, a Group's Contracting Authority, with respect to service or claims hereunder, shall be binding on the Group. Each Group res _roves the right to change its Contracting Authority from time to time by giving written notice to HEBP. Name: I�arnc. ?C, C r5 Title: _VNGJF 05 CQA . )LAX Address: Phone: —1 1" 1 D LPI " `1 t V l Fax: soff MWY�ffIJ_0AWb "_�Mw Primary Contact: Main contact for data file and reporting matters pertaining to the ARTS program. Name: 3e nriifex Sok.7af-V Title: "-tL 'rec,`fv r . Mailing Address: Delivery Address (no Phone: 4j3 ^ OLPl"i i V I HIPAA Secured Fax#: Email: 1 V` S jokl Other Contact Emails for ARTS correspondence regarding data files, if any: - Signature of County Judge or Contracting Authority Date n luJcePrint Name and Title TAC HEBP — ARTS Renewal Confirmation Program Agreement 2020 — Page 3 of 3 Vol. Pg. �9 W STATE OF TEXAS § § COUNTY OF HAYS § CONTRACT AND AGREEMENT FOR SECURE LONG-TERM AND SHORT-TERM RESIDENTIAL SERVICE OF JUVENILE OFFENDERS_ This Agreement is entered into by and between the Hays County Juvenile Board, at the request of and on behalf of the Hays County Juvenile Center (collectively referred to as "Service Provider") and the County ofBRAZOS, (hereinafter referred to as the "Placing County") acting by and through its duly authorized representative, as indicated by their signatures below. ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Placing County with residential care for children alleged or adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The placement facility to be utilized, Hays County Juvenile Center, is owned and operated by Service Provider and is located at 2250 Clovis Barker Road, San Marcos, Texas 78666. The business office address of Service Provider is also 2250 Clovis Barker Road, San Marcos, Texas 78666. ARTICLE II TERM 2.01 The term of this Agreement is for twelve (12) months, commencing September 1, 2020, and ending August 31, 2021. It shall be automatically renewed for one year terns thereafter, commencing September 1` and ending August 31te, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement: 2.02 The terms of this Agreement shall be extended until such time as all services which have been requested by Placing County, and are pending on the termination date in section 2.01 above, have been performed. ARTICLE III SERVICES 3.01 Service. Provider will provide the appropriate levels of care for the behavioral levels of service as described in the Texas Administrative Code (TAC) Chapter 700, Service Level Descriptions. Levels of Care requires the facility meet all applicable standards under Title 37 Texas Administrative Code, as approved by TJJD, and if secure, be certified by the local juvenile board to qualify. Boa.1.�� P g. I�o� Levels of Care: Detention — Pre -Adjudication Specialized - Post -Adjudication 3.02 Service Provider will perform the following services: A. Provide basic residential child care services, including: standard supervision by qualified adults, food and snacks, clothing, recreation, personal hygiene items, haircuts, transportation, school supplies, educational and vocational activities, medically necessary health services, and miscellaneous, as requested by Placing County. B. Special treatment services, including behavior management, diagnostic services, therapeutic counseling and psychiatric consultation. C. Ensure that the child's parent(s) or legal, .guardian(s), and Placing County's placement officer is notified immediately if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. In the event of serious illness or accident and for any required follow-up care, Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. D. Work with Placing County's placement officer to create a written Individualized Treatment/Case Plan developed in concert with the client and mutually agreed upon by the appropriate Service Provider staff and the Probation Officer within thirty (30) days of placement. Said individualized Treatment/Case Plan shall include measurement of progress toward goals in the following nine (9) domains: medical; safety and security; recreational; educational; mental/behavioral health; relationship; socialization; permanence; parent and child participation. E. Coordinate and document meetings to review the Individualized Treatment Plan with the child and the assigned probation placement officer at reasonable intervals, not to exceed ninety (90) days, to assess the child's progress toward meeting goals set forth, making modifications when necessary, and determining the need for continued placement outside of the child's natural home. The Individualized Treatment Plan shall contain the reasons why the placement may benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the placement; shall state how the parent(s), guardian(s), and, where possible, grandparents and other extended family members will be involved in the program plan to assist in preventing or controlling the child's objectionable behavior. G. -Provide the probation placement officer with a written report of the child's progress on a monthly basis in a Monthly Progress Report. ARTICLE IV EVALUATION CRITERIA 4.01 The Individual Treatment Plan for each child must contain specific behavior goals and services that are appropriate to the child and enable the child to develop to his/her fullest potential. This Page 2of10 va. ,� 19 P9,Eq development will be through the provision of a safe, drug-free environment in which counseling services are utilized as tools for educational, emotional and behavioral catharsis. A. Output measures may include, but are not limited to: 1. Average length of stay. 2. Average daily population. 3. Average number of counseling hours provided each child daily, weekly or monthly. 4. Average number of educational hours provided each child daily, weekly or monthly. B. Outcome measures may include, but are not limited to: 1. 80% of children in placement will complete their placement as a successful disc4arge. 2. 80% of children in placement will report improved family communication/functioning while in placement. 3. 80% of children in placement will demonstrate progress in a majority of goals outlined the Individual Treatment Plan. 4.02 Service Provider shall report on a monthly basis to PIacing County as to each of the foregoing output and outcome measures. These reports will be reviewed by Placing County in order to monitor Service Provider for programmatic compliance with this Agreement. ARTICLE V COMPENSATION 5.01 For and in consideration of the above-mentioned services, Placing County agrees to pay Service Provider not more than the per diem rates based upon the Level of Care provided, in accordance with schedule of rates for 24 -Hour Residential Child Care set by the Texas Health and Human Services Commission as currently effective or subsequently amended with the exception of Detention services. IF the Level of Care rates change during the contract year, new Level of Care, rates will be paid and become effective September 1 after the new Level of Care rates become effective. The Service Provider will send notice to the Placing County the new Level of Care rates prior to September 1. 5.02 The Placing County agrees to pay Service Provider the sum of $140.00 per day for each space utilized in Detention services. The Placing County agrees to pay Service Provider the sum of $197.00 per day for each space utilized in the Specialized Post -Adjudication programs: Academy program, SPRinG program, Juvenile Intensive Treatment Program (JITP), Mental Health Program (MB) and the Sex Offender Residential Treatment program (SORT). The daily cost being based on the projected actual cost of care for children in the facility. - - — 5.03 The rate fee will be paid only for those children specifically authorized to be placed by Placing County through its Fiscal Officer or other designated official. 5.04 Service Provider will submit an invoice for payment of services to the Placing County Fiscal Officer on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessaryfor adequate fiscal control, including but not limited to: hours worked, to be attributed to specific clients if appropriate, date service was rendered,. hourly rate, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Placing County in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Placing County in a timely manner. Page 3 of 10 Vol. v 0 pg.1� 5.05 Service Provider must use its best efforts to seek and obtain all benefits available from other sources for eligible children. It must initiate and complete any appropriate Medicaid application and complete all necessary documentation to obtain reimbursement for children who may be eligible for Medicaid. Any income received by Serviceprovider toward the support of a child from sources other than this Agreement, including but not limited to Medicaid, Social Security, medical insurance coverage, or contributions from parents or others must be documented as to each child for whom a billing is submitted and deducted from the invoice submitted to Placing County. Documentation must include the name(s) of the parties receiving the services, the dates and times services were provided and such other information deemed necessary for adequate fiscal control. 5.06 Placing County recognizes that part of a client's rehabilitation program may include time away from the residential setting of Service Provider, such as weekends and holidays, and that Service Provider must retain space for the client until his/her return. To this end, Placing County agrees to pay Service Provider the full amount due for such regularly scheduled days away from the residential setting or its program, provided they do not exceed four (4) days per month per client and that prior approval has been obtained by Placing County. Furloughs will not be authorized for the first ninety (90) days of placement, or until the completion of the fust Individualized Program Plan Review, whichever comes first, except in only highly unusual situations. Unoccupied bed space constitutes days away from the facility. Individual Treatment Plans may warrant additional days away from the residential setting if approved in writing by Placing County; however, any additional days away from the residential setting will not be charged to Placing County. 5.07 The child's parent(s) or guardian(s) shall bear the primary responsibility for payment of any medical or dental needs, by personal payment, health insurance, or Medicaid coverage, as well as clothing or other expenses not provided for in Service Provider's program. Medical or dental care not covered by other funding sources must be submitted for written approval by Placing County for payment prior to the expenditures being incurred. 5.08 Services provided that effect payment that are not directly addressed by this Agreement must have prior written approval from Placing County. ARTICLE VI EXAMINATION OF PROGRAM AND RECORDS 6.01 Service Provider agrees that it will permit Placing County to examine and evaluate its program of services provided under the terms of this Agreement and/or to review its records periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service,Plrovider shall provide to Placing County such descriptive information on contracted children as requested on forms provided by Placing County. 6.03 For purposes of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to an authorized representative of the State of Texas or Placing County any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. Page 4of10 Vol. 1 Pg. l'� 6.04 Service Provider shall retain and make available to Placing County all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a minimum of seven (7) years, or until any pending litigation, claim, audit or review and all questions arising there from have been resolved, and shall make available for Placing County's inspection, all contractual agreements with Service Provider's subcontractors for services related to this Agreement. 6.05 Service Provider understands that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service provider will ensure that the foregoing clauses concerning the authority of the State of Texas to audit and the requirement to cooperate is included in any subcontract or arrangement Service Provider enters into in which funds received under this Agreement form all or part of the consideration. ARTICLE VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Placing County, and shall not re -disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE VIII PRISON RAPE ELUVIINATION ACT OF 2003 (PREA) 8.01 The Service Provider has a zero tolerance towards all forms of sexual abuse and sexual harassment in accordance with the provisions of the.Prison Rape Elimination Act of 2003 that provides for administrative and/or criminal disciplinary sanctions. The Service Provider shall adopt policies and comply with the Prison Rape Elimination Act of 2003 (28 CFR §115) standards and shall permit the Placing County to monitor its facility and records as necessary to ensure that the Service Provider is complying with said standards. 8.02 Service Provider shall adopt and. comply with all federal, state, county and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this contract, including PREA which establishes a zero -tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual assault in facilities housing adult and juvenile offenders. 8.03 Under PREA, Service Provider shall make available to the Chief Juvenile Probation Officer of the Placing County all incident based aggregated data reports for every allegation o£ sexual abuse at its facility, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30 (PREA Sec. 115.387(e) and (f)). The Service Provider shall report to the Placing County in writing within 15 days any positive findings by a court or governmental agency that the Service Provider has violated a relevant federal statute or rule. 8.04 Service Agency shall be responsible for the financial cost associated with any PREA audit. Page 5 of 10 Vol. G pg. ,' a ARTICLE DC REPORTING ABUSE REQUIREMENTS 9.01 Service Provider shall ensure that all of its employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with juveniles in a juvenile justice facility or juvenile justice program will be properly trained to recognize and shall report all suspected or alleged incidents of abuse, neglect, exploitation, death or serious incidents involving a juvenile under the supervision of Placing County in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect, exploitation, death or serious incident. 9.02 Service Provider shall notify Placing County immediately of any abuse, neglect, exploitation, death or serious incidents involving a juvenile under the supervision of Placing County. ARTICLE X — DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Placing County, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Placing County: A. any and all corrective action required by any of Service Provider's licensing authorities; B. any and all litigation filed against Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct unsupervised contact with juveniles; and C. any pending or initiated criminal or governmental investigations and results/findings related to Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct unsupervised contact with juveniles. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and'protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against any employee, prospective employee, child, childcare provider, or parent on the basis of age; race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and/or obligations arising out ofthis Agreement without the prior written consent of Placing County. ARTICLE XIII OFFICIALS NOT TO BENEFIT Page 6 of 10 13.01 No officer, employee or agent of Service Provider and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried out who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XIV .DEFAULT 14.01 Placing County may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of the following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and C. In either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. 14.02 Any default by Service Provider, regardless of whether the default results in termination, will jeopardize Service Provider's ability to contract with Placing County in the future, and may result in the refund of compensation received under this Agreement. ARTICLE XV TERMINATION 15.01 This Agreement maybe terminated: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 15.02 If at any time during the term of this agreement Placing County, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Placing County may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. 15.03 Service Provider must not release a client to any person or agency other than Placing County without the express written consent of an authorized agent of Placing County. ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Placing County. Page 7 of 10 Vol. 3 *� 9_ Pg. 1`l � Service Provider also waives any rights it may have to indemnification from Placing County. ARTICLE XVII INDEMNIFICATION 17.01 The Service Provider shall indemnify, save and hold harmless the Placing County, its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the acts or omissions of the Service Provider, its agents, servants, employees, consultants, or invitees, in the execution or performance of this Contract. 17.02 In the event that any claim, suit, or other action is made or brought by any person, firm, corporation, or other entity against the Service Provider or County, the Service Provider shall give written notice to the Placing County of any such claim, demand, suit or other action within three (3) working days after being notified of such claim, demand, suit or other action or the threat thereof. ARTICLE XVIII SOVEREIGN R MUNITY 18.01 This Agreement is expressly made subject to Hays County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from Iiability that Hays County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. ARTICLE XIX REPRESENTATIONS & WARRANTIES 19.01 Service Provider hereby represents and warrants the following. A. that it has all necessary right, title, license and authority to enter into this Agreement; that it is qualified to do business in the State of Texas; that it holds all necessary licenses and staff certifications to provide the.type(s) of services being contracted for; that itis in compliance with all statutory and regulatory requirements for the operation of its business; and that there are no taxes due and owing to the State of Texas, the County of Hays, or any political subdivision thereof; C. that it carries sufficient insurance to provide protection to Hays County and Placing County under the indfemnity provisions, as well as for any potential liabilities that arise from or related to this Agreement; D. that it shall provide Placing County with documentation confirming that Service Provider's license is currently in good standing with the licensing entity and shall not provide services under this agreement unless its license is in good standing; and Page 8of10 Vol. 220 Pg. E. that Service Provider is a vendor in good standing with Texas Comptroller of Public Accounts, if applicable. ARTICLE XX TEXAS LAW TO APPLY 20.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in hays County, Texas., ARTICLE XXI VENUE 21.01 Exclusive venue for any litigation arising from this Agreement shall be in Hays County, Texas. ARTICLE XXU ADDITIONAL TERMS AND AGREEMENTS 22.01 Service Provider shall comply with all applicable federal and state laws and regulations, Placing County policies, procedures, and administrative rules, and Texas Juvenile Justice Department standards pertinent to services provided under this Agreement. 22.02 Pursuant to Section 231.006 of the Texas Fam ily Code, the Service Provider certifies that it is not ineligible to receive the state -funded grant, loan, or payment and acknowledges that this Agreement may be terminated and payment may be withheld if the certification is inaccurate. 22.03 Service Provider is hereby notified that state -funds are used to pay for services rendered to Placing County. For this reason, Service Provider shall account separately for the receipt and expenditure of all funds received from Placing County, and shall adhere to Generally Accepted Accounting Principles (GAAP) in the accounting, reporting and auditing of such funds. 22.04 Service Provider has not, and will not boycott Israel during the term of this Agreement. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli - controlled territory, but does not include an action made for ordinary business purposes. ARTICLE XXIU LEGAL CONSTRUCTION 23.01 In case anyone or more of the provisions contained in this Agreement shall for any reason be field to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained therein.- ARTICLE herein: ARTICLE XXIV PRIOR AGREEMENTS SUPERSEDED Page 9 0j' 10 Vol. -3j2- pg. rf M 24.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. Executed this the flay of4foritpies-. , 20Zq each copy hereof shall be considered an original cop L& Robertde rove Chairman, . unt , .uvenile Board Hays County Justice Center, Room 177 San Marcos, Texas 78666 Brett: rttlejohn Administrator, Hays County Juvenile Center 2250 Clovis Barker Rd. San Marcos, Texas 78666 Page 10 of 10 Vol. L 9 pg. — �-"- 4 1� 'O,fficial Authorized to Sign C_ U4-'& Q Y1 Printed Name Title:. )C Pu .y AA \I�P- 1 � �-- L COUNTY )L Official Authorized to Sigp g /.-;I, O / Printed Name Title:Cpon�u&'o R-0- Z`D SCOUNTY Amendment #1 Tabulation Bid #20-067R Cutback Asphalts formerly known as 19-028 December 1, 2019 through November 30, 2020 * Price reduction due to Amendment #1- Please see amendment for additional information Recommended Award: Cleveland Asphalts A roved y missione s C urt on this day of 2019 by Iding the position of Vol. pg. 1'7g Cleveland Asphalts Item # Description IQuantity I Price per Gallaon Extended Price 1 RC250 Rapid Curing Cutback 12,000 $3.00 $36,000.00 Asphalt* Gallons 2 Free Time: First 2 hours free 3 Specific charges per hour for $80.00/hr demurrage 4 Minimum delivery 5000 Gallons/ call for smaller quantities 5 Loacation of Plant 100 Asphalt Lane, Shepherd, TX 77371 Coptact Person/Phone # for 6 1-800-334-0177; Clayton or Craig Moore Plant 3.1 miles north of Shepherd on US59 North, Shepherd, TX 7 Directions to Plant 77371 Number of owned Trucks to be 8 No Bid used for contract Size of trucks to be used for 9 No Bid contract 10 Any agreements'in place to No Bid perform work? Notes and Exceptions * Price reduction due to Amendment #1- Please see amendment for additional information Recommended Award: Cleveland Asphalts A roved y missione s C urt on this day of 2019 by Iding the position of Vol. pg. 1'7g Bid ff 20.075 Asphalt, Oils and Emulsions Amended Tabulation Term of Contract: January 1, 2020 throuah December 31. 2020 • Price reduction due to Amendment #1- Please see amendment for additional information Recommended Award: Items 1 & 3: Cleveland Asphalt Products Item 2: Ergon Asphalt & Emulsions ��oa. 31 pg. 1r7 q Cleveland As at Products, Inc. Martin As halt Company Er on Asphalt & Emulsion Estimated City Price per Gallon Total Price per Galion Total Price per GallonTotal 1 CRS -2P Cationic Rapid Set' 20,000 1 Gallons E 2,15 f$V4_000. 3,00 $2.58 1 $ 51,600.00 $2.56 $51,200.00 CHFRS-2P Cationic High Float 2 Emulsion 20,000 Gallons No Bid No bid 2; 6 5743Q0._ 3 CSS -1H Cationic Emulsion' 10,000 Gallons ISME I i iii1T8111$ 18TI00:001 $2.38 1 $ 23,800.00 $2.26 $22,600.00 4 Free Time: First 2 hours free 2 hours Two (2) hours Specific charges per hour for $80.00/HR 2 hrs $70/HR $90.00/HR 5 demurrage after free time: 5500 gallons x $0.16 per gallon = Minimum Delivery (indicate Freight 5,000 gallon minimum load; Call 5500 gallons. All pricing is FOB $880.00 per load (added to pricing 6 Charge for below Minimum Delivery) for Smaller Quantities Brazos County. above) 300 Christi Place, South Houston, TX 4648 Western Way, Temple, TX 100 Asphalt Lane, Shepherd, Texas 77370 77587 76504 7 Specific Location of Vendor's Plant 8 Contact Person and phone It at Plant Clayton Moore; 800-334-0177 713-943-5200 Kimberly Peaslee or Danny Leal 254-773-8040 1-45 South to airport. Turn East 3.1 miles North of Sheperd on US under freeway. Plant is about 2 Directions to Plant 59 North, Shephard, Texas 77371 miles on the right hand side, just Directions Attached over railroad tracks. 9 Number of trucks the company owns 0 - We use third -party trucking located at the facility that will be 0 10 servicing Brazos County company N/A We use third -party trucking The size of trucks the company owns located at the facility that will be 0 11 servicing Brazos County company None. Please describe any agreements that the vendor has in place to insure 12 ability to perform this work Please allow 24 hours after order is placed for delivery. Federal Enviromentai Fee will be added to above prices at rate of $.49770/ton Notes and Exceptions for asphalt & polymer loads or $.00150/gal for emulsion loads. Per my phone conversation on 11/25 with Karen Sellers, we clarified Item 6 and revised it. • Price reduction due to Amendment #1- Please see amendment for additional information Recommended Award: Items 1 & 3: Cleveland Asphalt Products Item 2: Ergon Asphalt & Emulsions ��oa. 31 pg. 1r7 q Approved h ommissi r s Court on t is / day of 20y holding the position of V Vol. Pg. -Lb -C) AMENDMENT TO 20-075 ASPHALT, OILS, & EMULSIONS THIS AMENDMENT TO 20-075 ASPHALT, OILS, & EMULSIONS ("Amendment") is entered into and effective this 18th day of August, 2020 ("Effective Date") by and between Brazos County ("Customer"), and Cleveland Asphalt Products. ("Contractor") each of which may alternatively be referred to herein as a "Party" and collectively as the "Parties". All capitalized terms in this Amendment shall have the same meaning as in the Agreement (as defined below) unless otherwise stated herein. RECITALS WHEREAS, the Parties entered into that certain original contract # 20-075 ("Agreement") for purposes of Cleveland Asphalt Products to provide a lower price due to market prices; and WHEREAS, the Parties desire to amend the pricing as set forth in original contract # 20-075. 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. The fee and services for the contract shall be as set forth in amended tabulation for 20-075 Asphalt, Oils, & Emulsions, a copy of which is attached hereto and incorporated herein. 2. Conflict/No Other Modifications. In the event of a conflict between the terms of this Amendment and the terms of the Agreement, this Amendment shall control. All other terms of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be signed by their authorized representatives as of the Effective Date. This Amendment may be executed in counterparts, all of which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of execution of this Amendment and shall be binding on all Parties hereto. BCO TY 7��� Signature [. Name l (" ea --s r1\ -v, v U�tn4z Title DateT CLEVELAND ASPHALT PRODUCTS Signafure Clayton Moore Name Sales Req. Title 8/17/2020 Date Vol. --30- P9. Ibi Edgenuity Inc. 8860 E. Chaparral Road Suite 100 Scottsdale AZ 85250 877-725-4257 Price Quote for Services Brazos County Juvenile Services Bryan TX Date 7/17/2020 Quote # 144266 Account# 1655698507 c a` t`-.O#P ,fFON;OLdo,1g }3 9/30/2020 9/1/2020 8/31/2021 Subtotal 14,000.00 Shipping Cost (USPS Media Mail) 0.00 Total $14,000.00 Edgenuity will audit enrollment count throughout the year. If more enrollments are found to be in use than purchased, Edgenuity will invoice the customer for the additional usage. This quote is subject to the Terms and Conditions between Edgenuity Inc. and Brazos County Juvenile Services, Bryan TX ("Terms and Conditions"). These Terms and Conditions are attached and incorporated by this reference. By signing this quote or by submitting a purchase order or form purchasing document, Customer explicitly agrees to these Terms and Conditions resulting in a legally binding agreement. To the fullest extent permitted under applicable law, all pricing information contained in this quote is confidential, and may not be shared with third parties without Edgenuity's written consent. &E)" err — -� Signature P.jpt Name Title Edgenuity Inc. Representative Not valid unless accompanied by a purchase order. Please specify a shipping address if applicable. All order documentation can be... Please specify a shipping address if applicable. Please e-mail this quote, the purchase order and order documentation to AR@edgenuity.com or fax to 480-423-0213. 8860 E. Chaparral Rd., Suite 100, Scottsdale, Arizona 85250 877.7CLICKS Fax: 480.423.0213 www.edgenuity.com LVol. Pg. ���► 20 1 Odysseyware K-12 Comprehensive Concurrent User o' 700.00 14,000.00 Subtotal 14,000.00 Shipping Cost (USPS Media Mail) 0.00 Total $14,000.00 Edgenuity will audit enrollment count throughout the year. If more enrollments are found to be in use than purchased, Edgenuity will invoice the customer for the additional usage. This quote is subject to the Terms and Conditions between Edgenuity Inc. and Brazos County Juvenile Services, Bryan TX ("Terms and Conditions"). These Terms and Conditions are attached and incorporated by this reference. By signing this quote or by submitting a purchase order or form purchasing document, Customer explicitly agrees to these Terms and Conditions resulting in a legally binding agreement. To the fullest extent permitted under applicable law, all pricing information contained in this quote is confidential, and may not be shared with third parties without Edgenuity's written consent. &E)" err — -� Signature P.jpt Name Title Edgenuity Inc. Representative Not valid unless accompanied by a purchase order. Please specify a shipping address if applicable. All order documentation can be... Please specify a shipping address if applicable. Please e-mail this quote, the purchase order and order documentation to AR@edgenuity.com or fax to 480-423-0213. 8860 E. Chaparral Rd., Suite 100, Scottsdale, Arizona 85250 877.7CLICKS Fax: 480.423.0213 www.edgenuity.com LVol. Pg. ���► TERMS AND CONDITIONS BETWEEN BRAZOS COUNTY JUVENILE SERVICES, BRYAN TX These Terms and Conditions govern the provision of products and services as set forth in the applicable Edgenuity quote, customer -accepted proposal, or purchase order (collectively the "Quote," and with these Terms and Conditions, the "Agreement"). 1. DEFINITIONS. a. Subscription refers to Edgenuity's internet based learning management software as a service. The Subscription includes access to the Licensed Material (defined below) and Third Party Services found at https://wwA..edgenuitv.com/third-party-terms.pdf. b. Licensed Material refers to the Edgenuity products and services specified in the Quote or other agreement, which may include Edgenuity Courseware, audio, video and other content, curriculum, documentation and software including applets and animations. c. Professional Development refers to all implementation planning, program design, administrative and instructional training, consulting and coaching for education professionals provided by Edgenuity as described in the applicable Quote. Professional Development services are also subject to the additional terms contained in the attached Addendum. d. Instructional Services refers to services provided by Edgenuity including student access to teachers and coaches, the development and implementation of policies and procedures for purposes of improving student outcomes, and other services as stated in the applicable Quote. Instructional Services are also subject the additional terms contained in the attached Addendum. 2. LICENSE and SERVICES. a. License. Edgenuity grants Customer a non-exclusive, non -transferable license to access and use Licensed Material for internal educational and training purposes solely for the Subscription as set forth in the Quote. This Agreement provides only Customer and Customer's specifically authorized instructors, administrators, students and parents ("End Users") access to and use of the Subscription solely for internal education- and training -related purposes. License and Service types are listed below: i. Concurrent License - provides access to software throughout the Tern by all authorized Users based on the number of simultaneous licenses purchased. Total number of users accessing program simultaneous cannot exceed total quantity of licenses purchased. ii. Reusable License - provides access to software throughout the Term by all authorized users based on the number of semester course enrollments purchased. Once a course enrollment is disabled or completed, the enrollment license can be reused for that student or another student throughout the contract period. iii. Single User - available to a single User identified by name and designated as the sole Student User of the specific license throughout the Term. Licenses cannot be transferred to another Uscr. iv. Site License - provides access to software throughout the Term by all authorized Users located in the specific physical site identified on the Price Quote. Must be a traditional brick and mortar educational institution that provides educational services to students at a common physical location. Not available for virtual schools. V. Virtual School - a Customer that is (a) a private school licensed by the applicable state where students do not meet physically regularly for learning but where there is a teacher of record available to students enrolled at the institution and much of the learning takes place over the Internet with regular assistance or guidance from the teacher of record or (b) a private tutoring provider that makes available personal attention to each student clients enrolled in a program by faculty of tutoring provider and such services are the primary purpose of enrollment by students Clients; or (c) a public program implemented by School District where students do not meet physically regularly for learning but where there is a teacher of record available to students enrolled at the institution and much of the learning takes place over the Internet with regular assistance or guidance from the teacher of record regularly for learning; and (d) with respect to (a), (b), and (c) a Virtual School is not school that sells licenses or access to Software on a standalone bases or sells license or access to Software to students not actively enrolled in and participating in teaming services provided by the private school or tutoring provider. Licenses are available to access software throughout the Term by authorized Users not to exceed specific quantities stated on Price Quote. b. Services. If set forth in the Quote, Edgenuity will also provide Professional Development and/or Instructional Services, subject to the additional terns and conditions attached hereto as the Addendum for Instructional Services and Professional Development. Customer's access to any Professional Development or Instructional Services will expire at the end of the Tenn set forth in the applicable Quote, or if the Subscription is terminated for any reason. c. Edgenuity Technical and Customer Support. Edgenuity will provide technical and customer support for the Service. Technical support includes system updates and enhancements when generally made available and pushed per Edgenuity's regularly scheduled maintenance. Information on customer support and technical requirements is found at httns:Hwww.edgenuity.coinfsupport/custonier-support/. 3. USE OF SUBSCRIPTION. Customer Data and Student Data. All data and materials uploaded or entered during use of the Subscription by Customer, including student information and student records, remain the property of Customer ("Customer Data"). All student -generated content and personally identifiable information about any students ("Student Data") shall remain the property of the student, or of the parent or legal guardian of the student. Customer represents and warrants that it has appropriate rights to any Customer Data and Student Data. Customer grants Edgenuity the right to use the Customer Data and Student Data solely for purposes of performing under this Agreement. Students (or Parents or legal guardians of the Student), retain ownership and control of all Student Data that is provided or accessed through Edgenuity's course, and FVol. �� 9 {'g.1222 ownership of such Student Data never passes to Edgenuity. During the term of this Agreement, Customer may export Customer Data and Student Data to the extent allowed by the functionality within the Subscription. For training and demonstration purposes, Edgenuity may use and share Customer Data and Student Data, but will share only with supervisors, instructors and other Customer employees who have appropriate authorization. b. Customer Responsibilities. Customer must (i) keep its passwords secure and confidential; (ii) be solely responsible for Customer Data and all activity in its account; (iii) use commercially reasonable efforts to prevent unauthorized access to its account and notify Edgenuity promptly of any such unauthorized access; and (iv) use the Subscription as described in Edgenuity's written technical guides. Customer authorizes its integrators or other third party vendors and Edgenuity to conduct initial setup and to allow continued access to the Subscription for the sole benefit of Customer. Customer may provide Edgenuity the name and contact information for all third parties authorized by Customer, or necessary for Customer to use the Subscription. Customer is solely responsible for ensuring compliance by its authorized integrators or other third party vendor(s) with all federal, state and local privacy laws and regulations. EDGENUITY HEREBY DISCLAIMS FOR ALL PURPOSES AND CIRCUMSTANCES ANY RESPONSIBILITY OR LIABILITY FOR USE OF THE PRODUCTS INCLUDING THE CUSTOMIZATION THEREOF. 4. WARRANTIES and DISCLAIMERS. a. Compliance Warranty & Privacy Policy. Edgenuity will comply with, and will cause each of its employees, agents, and contractors to comply with, all state, federal and municipal laws and regulations applicable to its performance under this Agreement ("Applicable Laws'), including without limitation the Family Educational Rights and Privacy Act ("FERPA"), and the Children's Online Privacy Protection Act ("COPPA"). Edgenuity's Privacy Policy, which is incorporated by reference into these terms and conditions, contains additional terms regarding Edgenuity's use ol' and commitment to safeguarding Student Data, and compliance with other student privacy laws. Customers and End Users can find Edgenuity's privacy policy at littp://www.edeenuity.com/infonnation/Privaev/. Customer is responsible for providing notice of its own privacy policy to parents of its student and for obtaining any necessary parental consents for students to use the Subscription as may be required by Applicable Law. b. Professional Development and Instructional Services Warranty. Edgenuity warrants that it will provide Professional Development and/or Instructional Services in a professional and competent manner consistent with the terms of this Agreement and under generally accepted industry standards. c. Edgenuity Service Warranty. Edgenuity warrants that it will make commercially reasonable efforts to maintain the online availability of the Subscription. CUSTOMER'S EXCLUSIVE REMEDY AND EDGENUITY'S ENTIRE LIABILITY UNDER THIS WARRANTY WILL BE FOR EDGENUITY TO REPAIR THE NON -CONFORMING SERVICE, OR IF EDGENUITY CANNOT MAKE SUCH REPAIR WITHIN A REASONABLE PERIOD OF TIME, THEN EDGENUITY MAY TERMINATE ACCESS TO THE SUBSCRIPTION AND REFUND A PORTION OF THE FEE. d. DISCLAIMERS. THE SUBSCRIPTION IS PROVIDED "AS IS" AND WITH ALL FAULTS. EXCEPT FOR THE- ABOVE WARRANTIES, THE SUBSCRIPTION AND ANY PROFESSIONAL DEVELOPMENT AND INSTRUCTIONAL SERVICES ARE PROVIDED ON AN "AS -IS" AND "WHEN AVAILABLE" BASIS. EDGENUITY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES CONCERNING THE SUBSCRIPTION AND SERVICES TO THE EXTENT ALLOWED BY LAW, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT THE OPERATION OR CONNECTIVITY OF THE SUBSCRIPTION WILL BE UNINTERRUPTED OR ERROR -FREE, OR THAT THE SUBSCRIPTION WILL BE FREE OF ALL POSSIBLE METHODS OF UNAUTHORIZED ACCESS, ATTACK, OR INTRUSION. 5. PAYMENT, INVOICING AND TAXES. Unless otherwise provided in the Quote, Customer will pay the amount of each invoice net 30 days after the invoice date. Except to the extent that Customer provides Edgenuity with a valid tax exemption certificate authorized by the appropriate taxing authority, Customer must pay any taxes, impositions, or other charges imposed or levied by any governmental authority, including any sales, use, value-added, or withholding taxes, in connection with the Quote, excluding Edgenuity income and payroll taxes. 6. MUTUAL CONFIDENTIALITY. a. Definition of Confidential Information. Confidential Information means all non-public information including Personally Identifiable Information ("Pll") as defined by Applicable Law, disclosed by a party ("Discloser") to the other party ("Recipient"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"). Edgenuity's Confidential Information includes without limitation the Service, its user interface design and layout, pricing information, and the Licensed Material. b. Protection of Confidential Information. The Recipient must use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Discloser for any purpose outside the scope of this Agreement. The Recipient must make commercially reasonable efforts to limit access to Confidential Infoimtation of Discloser to those of its employees and contractors who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with Recipient no less restrictive than the confidentiality terms of this Agreement. c. Exclusions. Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to Discloser; (ii) was known to the Recipient before its disclosure by the Discloser without breach of any obligation owed to the Discloser, (iii) is received from a third party without breach of any obligation owed to Discloser; or (iv) was independently developed by the Recipient without use or access to the Confidential Information. The Recipient may disclose Confidential Information to die extent required by law or court order, but will provide Discloser with advance written notice to seek a protective order. 7. EDGENUITY PROPERTY. a. Reservation of Rights. The content, documentation, software, workflow processes, user interface, designs, know-how and other items provided by Edgenuity as part of the Subscription, any Instructional Services or Professional Development, or in response to Customer Edgenuity Standard Terms and Conditions rcv 2019.124 Page 2 o1`5 �1f,►_ 0�)lq - Pt; requests for customized content are the proprietary property of Edgenuity and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with Edgenuity and its licensors. Customer may not remove or modify any proprietary marking or restrictive legends in the Edgenuity Courseware. Edgenuity reserves all rights unless expressly granted in this Agreement. Restrictions. Customer may not (i) sell, resell, rent or lease the access to the Subscription or use it in a service provider capacity; (ii) use the Subscription to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third -party rights; (iii) interfere with or disrupt the integrity or performance of the Subscription or attempt to gain unauthorized access to the Subscription or its related systems or networks; (vi) use the Subscription for other than internal Customer educational purposes; (v) reproduce, frame, mirror, modify, translate, enhance, decompile, disassemble, copy, download or reverse engineer the Subscription or modify, create derivative works based on the Subscription; or (vi) access the Subscription to build a competitive service or product, or copy any feature, function or graphic for competitive'purposes. 8. TERM AND TERMINATION. a. Term. The Term of this Agreement and Customer's access to the Subscription, Services, and any instructional Services or Professional Development services will continue for the period indicated on the applicable Quote, unless terminated by Edgenuity for material breach. The term of the Agreement begins and ends on the effective dates stated in the Price Quote for Services ("Term") and Customer only has the right to use the Products and/or Service during the Term. The Term may be extended for an additional one (1) year renewal term (or other duration stated in the invoice) upon Edgenuity's issuance of an invoice lbr extension and either: (a) payment for such invoice by Customer or (b) Customer's continued accessing and use of the Products and/or Service. b. Funding -Out Clause. If Customer is a governmental entity receiving federal funds, Customer's payment obligation may be conditioned upon the availability of funds that are appropriated or allocated by the applicable government agency. If funds arc not allocated, Customer may terminate this Agreement at the end of die period for which funds are available. Customer must notify Edgenuity in writing within thirty (30) calendar days before termination. Upon termination, Edgenuity will be entitled to a pro -rata portion of the fees for Service performed up to the date of termination. c. Non-payment of Fees. Edgenuity may terminate the Agreement and access to the Subscription in a Quote within ten (10) days after Customer receipt of a notice of non-payment of amounts owed under that Quote. d. Mutual Termination for Material Breach. Except for 7(b), if either party is in material breach of this Agreement, the non -breaching party may terminate this Agreement at the end of a written thirty (30) calendar day notice and cure period, if the breach has not been cured. e. Access to and Return of Customer Data and Student Data. For a period of up to sixty (60) days after termination, upon request, Edgenuity will make the Subscription available for Customer to access and export Customer Data and Student Data. Alternately, Customer may submit a written request to Edgenuity up to sixty (60) days after termination, to request the deletion of Student Data (other than anonymized or de - identified data that may be retained pursuant to Edgenuity's Privacy Policy). f. Suspension for Violations of Law. Edgenuity may temporarily suspend the Subscription or remove the applicable Customer Data, or both, if it in good faith believes that, as part of using the Subscription, Customer has violated a law. Edgenuity will attempt to contact Customer in advance. g. Return or Destroy Edgenuity Materials Upon Termination. Within sixty (60) days after expiration or termination of this Agreement for any reason, upon request, Customer agrees to return, delete or destroy all proprietary Edgenuity materials provided by Edgenuity. Customer will confirm its compliance with this destruction or return requirement in writing upon request of Edgenuity. 9. LIABILITY LIMIT. EXCLUSION OF INDIRECT DAMAGES. EDGENUITY 1S NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION. COSTS OF DELAY; LOSS OF DATA, RECORDS OR INFORMATION; AND LOST PROFITS), EVEN 1F IT KNOWS OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. b. TOTAL LIMIT ON LIABILITY. EDGENUITY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) DOES NOT EXCEED THE AMOUNT PAID BY CUSTOMER WITHIN THE 12 -MONTH PERIOD BEFORE THE EVENT THAT GAVE RISE TO THE LIABILITY. 10. INDEMNITY. Edgenuity will defend or settle any third party claim against Customer to the extent that such claim alleges that Edgenuity technology used to provide the Subscription violates a copyright, patent, trademark or other intellectual property right. Customer must promptly notify Edgenuity of any such claim in writing, cooperates with Edgenuity in the defense, and allow Edgenuity solely to control the defense or settlement of the claim. If such a claim appears likely, then Edgenuity may modify the Subscription, procure the necessary rights, or replace the infringing part of the Subscription with a functional equivalent. If Edgenuity determines that none of these are reasonably available, then Edgenuity may terminate the Subscription and refund any prepaid and unused fees. Edgenuity has no obligation for any claim, in whole or in part, arising from information, items or technology not provided by Edgenuity or for any third party services not owned by Edgenuity. THIS SECTION CONTAINS CUSTOMER'S EXCLUSIVE REMEDIES AND EDGENUITY'S SOLE LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS. To the extent permitted under Applicable Law, each party will defend, indemnify and hold harmless the other party from and against any third party claims, injuries, losses, damages, settlements, penalties, fines, costs, or expenses (including reasonable attorneys' fees) that arise from or relate to (i) the indemnifying party's negligence, misconduct or breach of this Agreement; and (ii) an indemnifying party's violation of Applicable Law. Edgenuity Standard Terms and Conditions rev 2019.12.4 Page 3 of S DocuSign Envelope ID: 231568F6-AABA-4E20-AFB3-DB77422F7DE4 11. OTHER TERMS. a. Governing Lan. If Customer is a public school or district or other state or municipal governmental agency, this Agreement will be governed by the laws of the state where the Customer resides, excluding any conflict of law principles. Otherwise, this Agreement will be governed by the laws of the state of Arizona. b. Entire Agreement and Changes. These Terms and Conditions (and any Attachments) and the Quote constitute the entire agreement between the parties and supersede any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. The Parties may modify this Agreement only by written agreement signed by both parties. c. No Assignment. Neither party may assign or transfer this Agreement or a Quote to a third party, except that this Agreement with all Quotes may be assigned, without the consent of the other party, as part of a merger or sale of all or substantially all the assets of a party. d. Independent Contractors. The parties to this Agreement are independent contractors, and this Agreement does not create any partnership, joint venture, employment, franchise, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. e. Feedback. By submitting ideas, suggestions or feedback to Edgenuity regarding the Subscription, Customer agrees that items submitted do not contain confidential or proprietary information; and Customer grants Edgenuity an irrevocable, unlimited, royalty -free and fully -paid perpetual license to use such items for any business purpose. f. Enforceability and Force Majeure. If any term of this Agreement is invalid or unenforceable, the other terms remain in effect. Except for the payment of fees, neither party is liable for events beyond its reasonable control, including, without limitation force majeure events, failure of Internet services, any third party service and telecommunications services. g. Money Damages Insufficient. Any breach by a party of this Agreement or violation of the other party's intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach. h. No Additional Terms and Order of Precedence. This Agreement supersedes any additional or conflicting terms of any Customer form - purchasing document. If there is an inconsistency between these Terms and Conditions and any Quote, the Quote will prevail only with respect to pricing, duration and service specific terms. i. Survival of Terms. Sections 5 through 10, 1 l(a) (e) (g) (h) and (i) shall survive termination of this Agreement. IN WITNESS WHEREOF, the Parties have entered into this Agreement effective as of the Effective Date. Customer: -s E_d_genuity .DoeuSignedby; Signature: Signature: br Printed Name: Printed Name: Sari G. Factor Title: QL a 1p -4 ct Title: CEO Date: 8/17/2020 Date: Address: 8� Address: 8860 East Chaparral Road, Suite 100 Scottsdale, AZ 85250 Edgenuity Standard Terms and Conditions my 2019.12.4 Pagc 4 of 5 Addendum for Instructional Services & Professional Development I. APPLICABILITY. These additional terns and conditions apply if the Quote includes the purchase of instructional or Professional Development Services from Edgenuity. In the event of a conflict between these additional terms and the Edgenuity Standard Terms and Conditions, these additional terms shall control, but solely with respect to the provision of Instructional and/or Professional Development Services. 2. CUSTOMER LIAISON. Customer will designate an individual to serve as its primary liaison to Edgenuity for all communications related to the provision of Instructional and Professional Development Services, setting up access for End Users, and use of the Subscription. 3. HOURS OF AVAILABILITY. Edgenuity Instructional and Professional Development Services will be available during the business hours specified by Edgenuity, or if Customer requires Instructional Services for certain times or additional hours, such requirements must be specified in the Quote prior to the beginning of the Subscription. Requests for access to Instructional or Professional Development Services not already provided for in the Quote must be made or approved by the Customer Liaison, and may result in additional charges. 4. NO GUARANTY OF OUTCOMES. Edgenuity cannot make any guarantees, representations or warranties as to any student, teacher, or other End User outcomes or results from the Instructional or Professional Development Services. S. INSTRUCTIONAL SERVICES. if specified in the Quote, Edgenuity will provide virtual access to teachers or coaches (or both) ("Edgenuity Instructors") who are hired, trained, supervised, and paid by Edgenuity, and who will assist in the virtual delivery of the Licensed Material to students and their use of the Subscription (the "Virtual Programs"). Customer is responsible for (a) providing secure internet access for End Users to use the Virtual Programs; (b) all day-to-day management of the Virtual Programs, subject in all cases to compliance with Applicable Law and Customer policies; (c) obtaining all necessary consents for the provision of Instructional Services where they will involve direct contact between Edgenuity Instructors and students and parents; (d) determining appropriate student courses and verifying student schedules; (e) monitoring student attendance and ensuring compliance with applicable state requirements; and (0 assisting students not making adequate progress. a. Instructor Requirements. Customer shall be responsible for advising Edgenuity of any special certification, training, background checks, insurance, fingerprinting or similar requirements for the Edgenuity Instructors as may be imposed by Applicable Law ("Instructor Requirements"). Edgenuity shall be solely responsible for all decisions regarding hiring, supervision, discipline, and dismissal of Edgenuity Instructors, and for ensuring that all Edgenuity Instructors meet and comply with Instructor Requirements. b. Exceptional Student Services. If Customer is a public entity receiving federal funds. Customer is considered the "Local Educational Agency," or LEA, as that term is defined by Applicable Law, and Customer is solely responsible for the provision of any special education services. Edgenuity's services do not include (i) providing special education services; (ii) creating, implementing or providing individualized Education Programs (IEP); (iii) providing reasonable accommodations or any services to insure compliance with the Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act (ADA), section 504 of the Rehabilitation Act, or any other Applicable Law. Notwithstanding the foregoing, Edgenuity will discuss, fonuulate and make reasonable adjustments and accommodations in furtherance of student IEPs or reasonable accommodations established by Customer, provided that Customer provides necessary IEPs and section 504 documentation to Edgenuity. Customer shall be solely responsible for the costs of any required adjustments or accommodations. c. State Testing. Customer is responsible for providing appropriate accommodations for the administration of any state -mandated standardized testing by End Users. Customer is also responsible for receiving, distributing, administering, proctoring and returning all state mandated standardized tests under applicable state law, policies and procedures. d. Reporting and Withdrawal of Students/End Users. Where reporting of student results is required by Applicable Law, Customer shall be responsible for insuring the accuracy and completeness of student information used, relied upon, or reported by Edgenuity in providing the instructional Services, and shall promptly notify Edgenuity if any student information needs to be corrected or updated. Upon notice to Customer, Edgenuity reserves the right to withdraw End User access for students who fail to take required tests or maintain adequate progress. 6. PROFESSIONAL DEVELOPMENT SERVICES. If included in the Quote, Edgenuity may also provide Professional Development Services, ("PD Services") which may include training and instruction to Customer's instructors and administrators on the implementation and use of the Subscription, curriculum workshops, use of student information to monitor progress, and other related topics as may be specified in the Quote. Customer shall be solely responsible for providing necessary equipment and secure internet access to facilitate the PD Services, and for scheduling the PD Services at least two (2) weeks in advance. a. Charges for PD Services. Before delivering Professional Development Services, Edgenuity must receive a signed Quote specifying the number of hours included and the cost of the services provided, and all necessary setup and implementation services required to demonstrate and use the Subscription must be completed. PD Services will be available for use by Customer only during the Term of the Subscription. PD Services purchased but not scheduled and delivered within the first year of the Term may be forfeited without notice. If there are any changes or cancellations of PD services less than 72 hours prior to the scheduled delivery date, Customer agrees to reimburse Edgenuity for travel and other out-of-pocket expenses incurred. The Parties must document in writing and sign any grace periods or extension of time for delivery of PD Services. b. Use of Customer's Facilities. If Edgenuity will be providing any PD Scrvice5 at Customer's premises, Customer shall advise Edgenuity in advance of any Instructor Requirements for Edgenuity personnel, and Edgenuity will be responsible for insuring that all Professional Development personnel meet and comply with all such requirements. 7. NO UNAUTHORIZED RECORDING OR REPRODUCTION. All content delivered by Edgenuity as part of Instructional or PD Services are the property of Edgenuity, and customer may not record, reproduce or copy such content without Edgenuity's express written authorization. Edgenuity Standard Terme and Conditions rev 2019.12.4 Page 5 of 5 ODYSSEYWARE is a computer based curriculum. The curriculum allows us to utilize techtlogy effectively for academic achievement by combining core subject content with extensive multimedia interaction. Odysseyware is able to provide curriculum for grades 3 — 12 and GED Preparation. The curriculum is also easily used for special education students and English Language Learners by being able to customize courses or using the text to speech component in different languages. Our standards require that we offer courses in the four core subjects as well as electives and GED. Odysseyware provided these components. The curriculum also had to have an ecce l rated component to it as well which Odysseyware offers. The accelerated component alloys us to incorporate credit recovery during the school year and, summer. All curriculum mate als are correlated to state standards and are based on proven strategies to easily explain concepts, provide practical applications, and evaluate student performance. Throughout the multiple units in each ODYSSEYWARE course, quizzes, projects, and a comprehensive test assess student performance tied to unit concepts and skills. Not only does this save valuable time for teachers, but it also allows quick identification of potential areas of concern. Since beginning to use Odysseyware there have been other computer curriculums that have become available, however, Odysseyware seemed to best fit our needs based on the at -risk population we served. Some of the curriculums offer courses by number of students using the cour3e (ex. one price for 1-50 students for each course), some prices are per course/per student each student. What I found is as the price drops so does the rigor, content, courses offered, ease of use, level of support —. It also seemed logical to find a curriculum that worked and continue withI it for consistency. One of the main features to Odysseyware is that they provide curriculum at tb third grade. Most curriculums begin at the junior high level. Other programs that have been reviewed include A+, Novanet, Odyssey, and The Bridge Pearson was also looked at for their online academic resources. In comparison, yware was the product that could offer the most curriculum for our resources, thereby our At various conferences throughout the year, I continue to look at other academic = to determine if Odysseyware still best suits our needs or if it is time to change. BID TABULATION IQ #21-010 Water Treatment October 1, 2020 - September 30, 2022 Type of Inspection Fort Bend Services, Inc 0-9"M Quantity Cost Cost/Year Inspect/Treatment Closed Water Loop Inspection 17 $20.00 Quarterly $1,360.00 Open Water Loop Inspection 1 $515.00 $6,180.00 Monthly Total Combined Inspections 18 i $7,540.00 per Year Recommend award to: Fort Bend Services, Inc. day of ApprovedM!=osition 2020 by of fl V &T U a' T' Brazos County trr of 9 , Purchasing Department 200 SOUMTEXAS AVE SOITE 352'BRYAN, TX77803 PHONE (979) 361-4290 FAX (979) 3614293 July 14, 2020 Pye- Barker Fire & Safety, LLC 6701 Imperial Dr. Waco, TX 76712 Re. ' Renetval of Contract #21-011R Fire Extinguishers, Sprinkler Systems, Xnspections, Maintenance mad Testing for Brazos County. Brazos County appreciates the quality work your company bas provided andwould like to exercise the renewal option for #21-0118 Fire Extiuguiskers, Sprinkler Systems, Inspections, Maintenance and Testing,. previously known as #20-018R and 918-021. All terms, conditions, and pricing shall remain the same. This renewal term will be for one year from October 1,4020 through September 30, 2021. To accept the renewal option, please fillout the information .and sign ;below. Return the signed documents by email to Imaness@brazoscountytx.gov or fax to (979) 361-4293. Please then submit an updated Certiffeate of Insurance by email or -mail td the address listed above. Please return acceptance as soon as Possible. If you have any questions, I may be reaobed at (979) 361-4284. Contact Name: PYE-BARKER FIRE & SAFETY, LLC Awl Authorized Signature BRAZ S C Duane Peters, County Judge Date <2 1 / ' /9 1 laa Date Vol. 319 Pg. �Iqo BID TABULATION #Z1 -011R previously known as and 18-OZ1 Originally awarded to Davis Fire. Assignment done to Pye Barker 12/18/2018 ire Extinguishers, Sprinkler Systems, inspections, Maintenance and testing DATE: Octo er 1, 2020 -September 30, 2021- $25.00 $15.00 ct 0 m Type of Inspection Frequency of Inspection A-1 Fire American Fire Prot. Apollo Fire FireTron Design Security $27.00 Firetrol Fire Extinguishers Annually $5.00 $5.10 $4.00 $7.00 $9.00 $4. $9.00 Maintenance of Fire Extinguishers Every 6 years $12.00 $25.00 $30.00 $0.00 $25.00 400 See Notes Below Hydro Testing of Fire Extinguishers Every 12 years $15.00 $50.00 $65.00 $0.00 $55.00 $15.00 See Notes Below Fire Extinguishers 5# As needed $15.00 $25.00 $15.00 $15.00 $20.00 j5 0� $20.00 10# As needed $28.00 $25.00 $20.00 $27.00 $25.00 $25.00 $28.50 20# As needed $45.00 $35.00 $25.00 $59.00 $35.00 $45.00 $38.50 K/61. As needed $59.00 $125.00 $35.00 $27.00 $160.00 $54: $80.00 H20/2.5 gal As needed $20.00 $25.00 $10.00 $10.00 $125.00 $30.00 $32.00 Sprinkler System Annually $105.00 $175.00 $125.00 $200.00 $75.00 $100.00 $215.00 1 Sprinkler Pumps Annually $185.00 $500.00 $300.00 $550.00 $450.00 $175.00 $650.00 Sprinkler Risers Annually $100.00 $0.00 $50.00 $150.00 $75.00$100.00 $55.00 i Sprinkler Backflows Annually $45.00 $50.00 $75.00 $175.00 $95.00 $45.00 $150.00 Fire Hose & re -rack Annually $20.00 $10.00 $35.00 $13.00 $17.00 15.00 $15.00 Hydro Testing of Fire Hose & re -rack Every 3 years $60.00 $35.00 $65.00 $21.50 $50.00 $50.00 $35.00 Suppression System Semi -Annual $60.00 $75.00 $125.00 $125.00 $200.00 $50.00 $75.00 Inspection of Fusible Links Semi -Annual $0.00 $0.00 $0.00 $0.00 $200.00 $0.00 $0.00 Replacement of Fusible Links Semi -Annual $10.00 $15.00 $4.00 $16.50 $12.00 $9.00 $10.00 Recharge of chemical and/or propellant for Suppression system As needed $25.00 $100.00 per Ib $71.50 per gal $225.00 $2,000.00 -$3,500.00 per size $25.00 $200.00 per 1.5 gal Purchase of fire rxttnguisners Size Cost/ Unit ABC 5# $50.00 $50.00 $38.00 $65.00 $70.00 5D•00 $50.00 ABC 10# $70.00 $80.00 $65.00 $95.00 $100.00$66.00 $85.00 ABC 20# $155.00 $125.00 $117.00 $170.00 $160.00 $ S5.OD $160.00 Class K 61. $160.00 $175.00 $182.00 $225.00 $250.00 $160.00 $175.00 j H2O 2.5 gal $120.00 $160.00 $117.00 $46.00 $250.00 $120.00 $175.00 !, Reporting Fees $ 5 Service Calls Hourly to Include trip charge and travel Cost $75.00 $95.00 $75.00 $165.00 $75.00 $75.00 $85.00 includes after houremerg. Calls 2 hour min.straight Per man hour time Notes and Exceptions _. Mince of fire ext. 5# @$25.00,10# @ $32.00, 20# @ $48.00 - HydroTestofRreExt. 5# @ $32.00,10# @ $@ , _ Ss _ H 2O 2.5 al 2.00 i 1' I SOFTWARE HOSTING AGREEMENT between NOBLE SOFTWARE GROUP, LLC and Brazos County THIS SOFTWARE LICENSE AGREEMENT (this "Agreement") is made and entered into and effective July 11, 2020 (the "Effective Date") by and between Noble Software Group, LLC, (hereinafter called "Noble"), and Brazos Juvenile Probation, located at 1904 Highway 21 West, Bryan, TX 77803 (hereinafter called "Client"). RECITALS WHEREAS, Client desires to obtain a non-exclusive license to use certain proprietary software and related documentation from Noble under the terms and conditions of this Agreement, and WHEREAS, Noble desires to grant such license to Client as a hosted service under the terms and conditions of this Agreement and to perform additional services, including but not limited to installation, integration, testing, and training of the Noble software under the terms and conditions of subsequent Work Orders (defined below) issued under this Agreement, NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties hereby agree as follows: 1.' DEFINITIONS "Agreement": This Agreement including the following Exhibits: Exhibit A Licensed Software Exhibit, B Third Party Materials ExhibitC Client Tasks Exhibit D Pricing Exhibit E Model Work Order which are incorporated herein for all purposes. "Documentation": Text materials which describe the design, function, operation and use of the Licensed Software and which are customarily delivered by Noble to licensees thereof. Vol. `I p9 _.!,90e) 2 "Licensed Software": The source and object code software identified in Exhibit A as Licensed Software, delivered solely by the Hosting Site. "Third Party Materials": Those products specified as such in Exhibit B which will be procured by Noble from a third party for delivery to Client. Unless identified in Exhibit B or upon notice and written approval of Client, Noble will not deliver any Third -Party Materials. "User Position": Workstations, personal or desktop computers, terminals or other items installed to support and be dedicated to, at any one time, a'single individual as part of the Licensed Software. "Work Order": A written.document, in substantial conformity with the model work order in Exhibit E, signed by both parties, specifying the mutually -agreed upon terms for the performance of additional tasks by Noble and which, upon performance, shall be included in and governed by all other terms and.conditions of this . Agreement. If the Work Order calls for the development of software, the Work Order shall also specify. ownership of any intellectual property created thereby in a manner consistent with the title provisions of this Agreement set forth in Section 6, below, and the acceptance criteria for such software. "Hosted Site": An internet-based website maintained by Noble for the purposes of delivering the Licensed Software to Client. 2. SCOPE OFTASKS Upon execution of this Agreement and receipt of the license fees due hereunder, No will promptly deliver a hosted website with the Licensed Software to Client and accomplish its responsibilities under this Agreement provided that Client timely completes its responsibilities under this Agreement, specifically including those set forth in Exhibit C: Client Tasks. Client is responsible for meeting the environmental site requirements set forth in Exhibit C: Client Tasks in a timely manner and at the Client's cost. Client may request the performance of additional tasks. If Noble agrees, each such task will be documented in a Work Order which will specify the tasks to be performed, the deliverables, the time table for performance and the basis for payment whether on a fixed-price ("Fixed Price") or time -services -materials -and -expenses (T&M") basis. Unless specified otherwise in the Work Order, the terms and conditions of this Agreement shall apply to performance of the Work Order. The pricing for T&M work shall beat Noble customary pricing schedules unless a specific price is set forth in the Work Order. 3. CONSIDERATION In consideration of Noble's performance, Client agrees to pay Noble in accordance with the following provisions: License and Other Fixed Price Fees. The charges for Licensed Software and other fixed price items are or shall be set forth in Exhibit D or Work Orders and payable as set forth therein or, if not set forth, payable as follows: P9 Vol. '. 19L 3 one-third due upon execution of this Agreement or the applicable Work Order, one-third upon delivery, and the balance payable upon acceptance. T&M Fees. The charges for performance of any T&M tasks due to Work Orders will be billed monthly for charges incurred in the previous monthly period and are due and payable within thirty (30) days of the. date of the invoice. Expenses may include, but are not limited to, reasonable charges for materials, office and travel expenses, graphics, documentation, research materials, computer laboratory and data processing, and out-of- pocket expenses reasonably required for performance. Expenses for travel and travel -related expenses and individual expenses in excess of US$500 require the prior approval of Client. A service charge of one and one-half percent (1.5%) per month, or the highest lawful interest rate, whichever is lower, will be applied to all amounts which are not paid within fifteen (15) business days after notice is given e that payment is overdue. All payments shall be made in United States dollars. International payments will be made by wire transfer to a bank designated by Noble. .4. TAXES Client agrees to indemnify and hold Noble harmless from any taxes including, but not limited to, sales tax, use tax, withholding, value-added or similar tax, and property taxes,that may be assessed or levied by any jurisdiction arising out of the performance of this Agreement but excluding any taxes based upon or determined by reference to Noble's income or level of business activity ("Taxes"). It is understood and agreed that the prices and estimates set forth in this Agreement do not include provision for Taxes and Noble does not collect such taxes for deposit with any federal, state or local taxing authority. 5. ACCEPTANCE Unless the parties agree otherwise herein or in a Work Order, the Licensed Software will be considered accepted upon delivery. In the event that there are multiple sites, acceptance of the Licensed Software, or any part thereof, at the first such delivery shall constitute acceptance at all subsequent sites. If a Work Order calls for installation and acceptance testing, the parties agree to the following procedure. Following proper installation of the Licensed Software by Noble pursuant to the Work Order, unless specified in the Work Order, the parties will perform the acceptance tests provided by Noble for the purpose of determining that the Licensed Software performs substantially in accordance with its Documentation or, in the case of new software development, substantially in accordance with Client's functional requirements for such software. If the Licensed Software (including newly developed software) substantially performs the acceptance tests, Client shall notify Noble within five (5) days, and .the date of notification shall be the acceptance date. - Failure to do so will constitute acceptance. Testing will be scheduled in accordance with the implementation plan set forth in the Work Order. If Client fails to notify Noble of any material defect within thirty (30) days of installation of the Licensed . Software, the Licensed Software shall be deemed accepted by Client. Vol.yZLv Pg. I`7'1 112 If Client notifies Noble in writing and demonstrates to Noble that the Licensed Software has not substantially met the acceptance tests, Noble shall make corrections and modifications to the Licensed Software so as to meet such criteria. The charges for corrections and modifications to Fixed Price components are included in the Fixed Price established therefor. The charges for corrections and modifications to T&M components will be charged on a T&M basis. Corrections and modifications will be accomplished on a timely basis to make the Licensed Software ready for retesting by Client. The parties shall repeat the acceptance tests as soon as reasonably requested by Noble and Client shall notify Noble within five (5) days after such tests have been conducted if and when the Licensed Software is accepted. In the event that the Licensed Software (or parts thereof) does not pass the applicable acceptance test(s), Client may issue a conditional acceptance, upon terms acceptable to both parties, which will permit utilization in production and continued correction by Noble of any defects. If Client declines to grant conditional acceptance, then Client may terminate this Agreement in accordance with section 8.5. Otherwise, the date of the last such test shall be the acceptance date. In the event the Licensed Software (or parts thereof) does not pass the applicable acceptance test(s), but is utilized by Client in a production environment for a period of thirty (30) consecutive business days, it shall be deemed accepted for all purposes as if it had successfully passed -such acceptance test(s). 6. TITLE Noble shall retain title to all intellectual property rights embodied in the Licensed Software, Documentation and any modification or enhancement of the Licensed Software or Documentation made under this Agreement or any Work Order ("Noble Property"). Client shall retain title to all intellectual property rights embodied in software, and any modification or enhancement thereof, that is provided or developed solely by Client without any violation of the terms of this Agreement and which is not Noble Property ("Client Property"). The parties agree that performance hereunder may result in the development of new concepts, software, methods, techniques, processes, adaptations and ideas, in addition to the Noble Property and/or Client Property, which may be delivered by Noble or embedded in Noble's deliverables ("New Property"). The parties agree that ownership of New Property shall be determined on a case by case basis prior to the execution of a Work Order requiring the delivery of any New Property and such ownership shall be clearly detailed in such Work Order. The parties intend for the designation of ownership in the Work Order to be consistent with (but not necessarily bound by) the following guidelines: New Property which contains Client's proprietary or confidential*information shall belong to Client to the extent it contains such information; and New Property which contains Noble's proprietary or confidential information shall belong to Noble to the extent it contains such information; and Any other New Propertyfor which ownership is not allocated by Work Order or by the above default rules shall belong to Noble. 5 Each party will assign and shall cause its respective employees, agents, and contractors to assign, without further consideration, the ownership of software and/or documentation, including all associated intellectual property rights therein, as necessary to give effect to the ownership terms specified in this Agreement. Each party agrees to perform, at the reasonable request of the owner of such software and/or documentation, such further acts as may be necessary or desirable to transfer ownership of, and to perfect and defend, such software and/or documentation or other deliverable or work product in order to give effect to these ownership terms. In as far as data entered into the system by Client, such data shall be deemed to be owned by Client. Noble shall have right to use, at its sole discretion, such data in an anonymous fashion, for the purposes of research, validation, and other commercial use. Anonymous data is defined, for the purposes of this section, to referto data that have had all personally identifying characteristics removed, destroyed, obfuscated, or otherwise rendered de -identifying of the person to whom they relate. 7. LICENSE In accordance with the terms herein, Noble grants to Client, and Client accepts from Noble, a personal, non- exclusive and non -transferable (except as otherwise specifically provided by this Agreement) Hosted Site to use the current version of Licensed Software (or any other version provided to Client by Noble) on Noble's hosting servers for the specified number of User Positions for the term of this agreement. Software shall be able to be used at any of Client's business premises without the prior approval of Noble. The Licensed Software may not be used at other locations unless Noble is notified and approves otherwise, such. approval not to be unreasonably withheld. Use of the Licensed Software may be subsequently transferred to other locations maintained by Client, provided (1) the total number of User Positions at which the Licensed Software is used by Client does not exceed the number of User Positions specified in Exhibit A and (2) Client provides Noble with written notice within thirty (30) days after such transfer. The Licensed Software shall be used only for the processing of Client's own business, which may include servicing and maintaining records on behalf of its customers and clients. Client shall not permit any third party to use the Licensed Software. Authorized agents or contractors of Client acting for Client shall not be considered "third parties" for purposes of such limitation provided, however that disclosure of Noble Confidential Information to such agents or -contractors will be subject to the provisions of Section 18 ("Confidentiality"). Client shall not use or allow the use of the Licensed Software (a) for rental or in the operation of a service bureau; (b) through terminals located outside Client's business premises by. persons not employed by or under contract with Client, or (c) as on-line control equipment In the operation of a nuclear facility, aircraft navigation or aircraft communication systems, or air traffic control machines. Client shall not, either directly, or through a third party, reverse engineer, disassemble or decompile any software provided by Noble, or make any attempt in any fashion except as specifically provided in this Agreement to obtain the source code to the Licensed Software, nor shall Client reproduce or distribute, the Licensed Software or Hosted Site, or any part thereof, as part of any other software program. Further, Client E01 19 Pg. may not create any software program which makes direct function calls to any libraries which are Third Party Materials and which are designated as unavailable for such purposes in Exhibit B. Client is strictly prohibited from installing any third party. software on Noble's servers without the express written authorization of Noble. In the event that the authorized third party software disrupts Noble's server, Noble shall have the right to temporarily disable the software until the problem can be resolved. In the event that the Client installs third party software on Noble's servers without the express written authorization of Noble's, Noble shall have the right to terminate the Services without notice pursuant to Section 8 herein B. TERM AND TERMINATION The term of this Agreement shall be for one (1) year. Contract service shall commence upon the execution of this agreement and shall remain in effect for the original one-year (1 -year) term and, thereafter, for renewal terms on a year-to-year basis until terminated (i) by Client in the event the Hosted Site is taken out of service and upon sixty (60) days' notice to Noble; (ii) by either party upon sixty (60) days' notice prior to the expiration of the original one-year (1 -year) or any subsequent one-year (1 -year) renewal term; (iii) by either party upon a default of the other party, such default remaining uncured for thirty (30) days from the date of written notice from the non -defaulting party to the other specifying such default; (iv) upon the bankruptcy or insolvency of Noble; or (v) the Software Hosting Agreement is terminated. Upon such termination, Noble shall refund to Client a portion of the maintenance fee prorated to reflect the date of termination and neither Noble nor Client shall have any further obligations hereunder, unless the termination is enacted by Client under part two (ii) of this section, in which case no refund of maintenance fees is due to Client by Noble. Each party has the right to terminate this Agreement and •license(s) granted herein: Upon written notice if the other party, its officers or employees violate any material provision of this Agreement including, but not limited to, Section 18 ("Confidentiality") or Section 3 ("Consideration"), provided that the non -breaching party is in substantial compliance with the terms of this Agreement. The default notice must be clearly identified as such, be referenced to this Section 8, and specify in detail the basis for the alleged material breaches. Except with regard to breaches of confidentiality (which shall be ten [10] days) and payment obligations (which shall be fifteen [15] business days), the breaching party shall have thirty (30) days from receipt of such notice to correct such breach; In the event the other party (i) terminates or suspends its business, (ii) becomes subject to any bankruptcy or insolvency proceeding under federal or state statute or (iii) becomes insolvent or becomes subject to direct control by a trustee, receiver or similar authority. In the,event of termination by reason of Client's failure to substantially comply with any material part of this Agreement, or upon any act which shall give rise to Noble's right to terminate, Noble shall have the right, at any time, to terminate the license(s), deactivate the Hosted Site, and take immediate possession of the Licensed Software and documentation and all copies wherever located, without additional demand or notice. - Vol. I -1 Pg. I q 7 Within five (5) days after termination of the license(s) as provided above, Client will return to Noble any Licensed Software in the form provided by Noble or as modified by Client at Client's cost, or upon request by Noble destroy the Licensed Software and all copies, and certify in writing that they have been destroyed. Termination under this Article shall not relieve Client or Noble of obligations regarding confidentiality of the Licensed Software. Without limiting any of the above provisions, in the event of termination as a result of Client's failure to substantially comply with any of its material obligations under this Agreement, Client shall continue to be obligated for any payments due. Termination of the license(s) shall be in addition to and not in lieu of any equitable or other remedies available to Noble. Notwithstanding anything contained in this Section 8 to the contrary, once Client'has made full payment of the license fee for any particular term of hosting the Licensed Software, Noble cannot terminate the license granted hereunder with respect to such program, except for an uncured breach by Client of the terms of Section 7 ("License"), Section 11 ("Compliance with Law"), Section 18 ("Confidentiality") or Section 22 ("Assignment"). Notwithstanding anything herein to the contrary, in the event of termination of this Agreement by Client for cause prior to acceptance of the Licensed Software, the software licenses granted hereunder shall be canceled and Client shall discontinue use of the Licensed Software and Hosted Site and return all copies thereof to Noble and Noble shall refund any license fees paid. Upon such termination -and return of the Licensed Software and repayment, the parties hereto shall be discharged of all further liabilities under this Agreement except for such liabilities arising out of the continuing obligations of confidentiality and non -solicitation of employees. Notwithstanding anything herein, pursuant to Sections 7.7 and 11, Noble may immediately terminate this agreement and withdraw the hosting services in the event that in the sole discretion of Noble, it determines that: Client is using or allowing, authorizing or assisting -the. Hosted Site to be used for illegal purposes; or Client downloads or installs third party software to its Hosted Site without the express written authorization of Noble. 9. WARRANTIES Noble warrants that, for thirty (30) days following Client acceptance of the Licensed Software furnished under this Agreement or the deliverables provided pursuant to a Work Order hereunder (the "Warranty Period"), the Licensed Software, exclusive of Third Party Materials, will substantially conform to the accepted level of performance as set forth in Section 5.2(a) ("Warranty"). To the extent that Client notifies Noble in writing during the applicable Warranty Period of any material non -conformity of the Licensed Software or deliverables with such acceptance level, and provides Noble with (a) Client's estimation of the severity of such non- conformity and (b) such printouts, typescripts, documentation and other details of such non -conformity as Noble shall request, Noble's sole obligations to use reasonable commercial measures to remedy or provide a work -around for such defect. In determining the timing of its response, Noble shall be entitled to take into account the severity of the defect. In the event that Noble determines that the Licensed Software is not Vol. Pq. Igh 8 defective in such respect, Client shall reimburse Noble for its services at Noble's then current consulting rate for such services. . To the extent its agreement with a supplier of Third Party.Materials permits, Noble shall pass through to Client any performance warranty relative to such Third Party Materials; provided, however, that Noble makes no additional or supplemental warranty with respect thereto. Noble warrants that it has, and on the date of acceptance of the Licensed Software will have, the full right and authority to grant this license and that neither this license nor performance under this Agreement doe's or shall conflict with any other agreement or obligation to which Noble is a party or by which it is bound. Noble warrants that its technical and consulting services will be of a professional quality conforming to generally accepted industry standards and practices. During the thirty (30) day period following completion of any such services, Noble shall, upon receipt of written notice from Client describing a breach of the foregoing Warranty in such reasonable detail as is requested by Noble, perform the services described in such written notice so as to conform to generally -accepted industry standards and practices. These warranties do not cover defects or nonperformance due to causes and products external to the Licensed Software and are not valid with respect to such defects or nonperformance. If the Licensed Software is not in substantial compliance with the warranties contained in this Agreement at the end of the Warranty Period, Noble shall extend the Warranty Period until the Licensed Software is brought into such compiiance. If any modification is made to the Licensed Software by Client without Noble's approval, this Warranty'shall immediately be terminated with respect to such modified software, Correction for difficulties or defects traceable to Client's unauthorized modifications or unauthorized systems changes shall be billed to Client at Noble's standard time andmaterial charges. Noble makes no- warranties with regard to Third Parry Materials. Along with the transfer of title, Noble2agrees to transfer and assign to Client all of Noble's rights and interests in and with respect to all purchase ; agreements for Third Party, Materials being supplied under this Agreement between Noble and other manufacturers and distributors, subject to any limitations set forth in such agreements relating to such transfers. Upon request by Client, all purchase agreements will be submitted to Client for prior approval. Noble will execute any documents or instruments reasonably necessary to effect the transfer and assignment of Noble's rights and interests thereunder. Noble makes no representation as to the effectiveness, adequacy or enforceability of such transferred rights. Except as otherwise specifically provided by this Agreement, Noble's sole liability for any damages relating to the (a) performance of the Licensed Software and sufficiency of the services hereunder or (b) matters covered by this Warranty, shall be limited to the provisions of this Section 9 regardless of whether any liability is based on contract or other theory. THE WARRANTIES IN THIS SECTION 9 ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY NOBLE. NOBLE MAKES AND CLIENT RECEIVES NO ADDITIONAL WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO AGENT, CONTRACTOR OR EMPLOYEE OF NOBLE, EXCEPT NOBLE'S DULY AUTHORIZED Vol. 1 pg. I 9 REPRESENTATIVE, IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF NOBLE AS SET FORTH -HEREIN. 10.NON-SOLICITATION OF EMPLOYEES Each party agrees that, during the period of performance of this Agreement, and for a period of one (1) year following completion of the period of performance, it will not solicit for employment or hire the employees of the other party without such other party's prior written consent thereto. The period of performance for purposes of this Section 10 shall begin on the effective date of this Agreement and end upon the earlier to occur of: (1) final payment by Client of any fees due under Section 3 of this Agreement; or (Z) termination of this Agreement and the license(s) granted hereunder. If either party hires any personnel of the other party who are or have been assigned to perform work for the party seeking to hire such personnel under this Agreement, the hiring party shall pay the other party a fee for the additional benefit obtained thereby. If such hire occurs during the performance of this Agreement or within one (1) year following completion of the period of performance, the hiring party shall pay an amount equal to one hundred percent (100%) of the total first year compensation paid to such personnel. 11.COMPLIANCE WITH LAW This Agreement is made subject to any laws, regulations, orders or other restrictions on the export of the Licensed Software, or information about the Licensed Software, which may be imposed at any time or from time to time by the United States Government. Client (i) shall comply with all such laws, regulations, permits, orders and other restrictions to the extent that they are applicable to Client and (ii) shall not, directly or indirectly, export or re-export (as defined in the United States Export Administration Regulations) the Licensed Software or any information about the Licensed Software to any country for which the United States Government, or any agency thereof, requires an export license or other governmental approval without first obtaining the same. Noble shall comply with all applicable statutes with respect to labor employed, and shall protect and indemnify Client against any payroll taxes or contributions imposed with respect to employees of Noble or any subcontractor by any applicable law dealing with old age benefits, FICA, unemployment compensation, health insurance and related subjects. Noble and Client agree that Noble is an independent contractor. Noble shall be liable for and hereby represents to Client that all payments and obligations to subcontractors and suppliers will: be timely made and satisfied at all times during the term of this Agreement, and agrees to indemnify Client for any loss to Client relating to Noble's violation of the provisions of this Article, provided, however, Noble is given prompt written notice of any claim or action and control, authority, information, and reasonable assistance for defense or settlement thereof; and provided further that Client shall not settle such claim, suit or proceeding without the written consent of Noble. Client acknowledges and agrees that Noble may elect at its sole discretion to monitor the activities of the Client on it Hosted Site. Client agrees to use the Services and the Website for -legal purposes only. In the event that Noble becomes aware or reasonably believes, in its sole discretion, that the Website is being used for illegal purposes, Noble shall be entitled to immediately terminate the Agreement and the Services without notice in addition to any remedies to which it may be entitled under law. 10 Client agrees to indemnify and save harmless Noble from and against all losses, damages, actions or causes of action, suits, claims, demands, penalties and interest arising in connection with or out of any illegal use of the Licensed Software or the Hosted Site. 12.APPLICABLE LAW The law of the State of Texas applies to this Agreement.and the rights, duties, and obligations of the parties hereto. The state and or federal courts in Brazos County, Texas, shall have exclusive jurisdiction of any action arising out of or relating to this Agreement and each of the parties further irrevocably agrees to waive any objection to the venue of any such suit or proceeding in Brazos County, Texas, or to in personam jurisdiction, provided rthat service is effective. The United Nations Convention on Contracts for the International Sale of Goods is excluded from application hereto. 11PROPRIETARY RIGHTS INDEMNITY Noble shall defend, indemnify and hold harmless Client with respect to any claim, demand, cause of action, or, liability, including attorneys' fees, to the extent that such is based upon a claim that the Licensed Software, (including any deliverables pursuant to Work Orders) used by Client within the scope of the licenses granted hereunder, infringes any United States, UK, Hong Kong, France, Germany, Switzerland, orJapan patent; any United States copyright, or any trade secret or other intellectual property rights; provided that Noble is promptly notified in writing of such claim and provided further that Noble shall have the exclusive right to control such defense. The acceptance, by'Noble, of tender of defense of any claim shall give Noble the right to select legal counsel and manage the defense, provided that Client shall be given regular notice and opportunity to participate in such litigation, at Client's expense. In no event shall Client settle any claim, lawsuit or proceeding without'Noble's prior written approval. Client may, at its own expense, assist in such defense if it so chooses. In the event of any such claim, litigation or threat thereof, Noble, at its sole option and expense, may procure for Client the right to continue to use the Licensed Software or, at its sole option and expense, may replace or modify the Licensed Software with functionally -compatible, non -infringing software. If such settlement or such modification is not reasonably. practical in the sole opinion of Noble, after giving due consideration to all factors including financial expense, or if a temporary or final injunction or other judgment is obtained against Noble with respect to the Licensed Software or any part thereof, Noble may cancel this Agreement or the. _ applicable Work Order and the licenses. granted thereunder upon fifteen (15) days written notice to Client and shall refund to Client the unamortized portion of the amounts paid to Noble by Client for the development and/or acquisition thereof based upon five (5) year straight-line depreciation, such depreciation to commence on the date on which the Licensed Software was first accepted hereunder. Upon such repayment Noble. shall be discharged of all further liability hereunder except for the obligations set forth in Section 13.1 hereof. To the extent its agreement with a vendor of Third Parry Materials permits, Noble will pass through to Client any proprietary rights indemnity relating to such Third Party Materials.. provided, however, that Noble gives no additional or supplemental indemnity with respect thereto. va. _319_ 11 The foregoing states the entire liability of Noble and the exclusive remedies of Client with respect to the infringement of any proprietary rights by the Licensed Software or any parts thereof, and Client hereby expressly waives any other such liabilities. 14. GENERAL INDEMNITY The parties acknowledge that it may be necessary for the employees of each to be present at the facilities of the other for extended periods of time. The parties agree upon reasonable notice to provide the employees of the other with all reasonable facilities and services to assure that their services may be properly performed. Each parry will instruct its employees to conform to the internal regulations and procedures of the other party while on such party's premises. Additionally, each party agrees to indemnify, defend, and save harmless the other party, its officers, agents and employees from any and all claims and losses accruing or resulting to any person, firm, or corporation for personal injury or tangible property damage, but only to the extent of the negligence and/or willful misconduct of the indemnifying party. 15.INSURANCE Noble certifies, and will provide evidence thereof at Client's request, that Noble maintains: A standard policy covering the obligations of Noble for Worker's Compensation Insurance pursuant to the laws of California or such other jurisdiction as applicable. Insurance covering bodily injury and property damages in the amount of not less than $1,000,000 for each occurrence and $3,000,000 aggregate. Such coverage may be achieved through a combination of commercial general liability and umbrella liability policies. Automobile liability insurance covering all owned, non -owned, and hired vehicles with a combined single limit for bodily injury and property damage of not less than $2,000,000 per accident. 161IMITATION OF LIABILITY NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF THE OTHER PARTY OR OF DIRECT DAMAGES GREATER THAN THE LIMITATIONS ESTABLISHED HEREIN EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ; Noble shall not be liable to Client for cumulative direct damages greater than the lesser of (1) the total amount having then been paid by Client to Noble under this Agreement, or (2) if such damages arise in connection with the performance of any Work Order, the amount having then been paid by Client to Noble under such Work Order; provided,. however,.that the limitation of this sentence shall not apply to Noble's obligations set'forth in Section 13 ("Proprietary Rights Indemnity") or Section 14 ("General Indemnity") of this Agreement or for such Vol. "t pg. Q G 12 liabilities covered by the insurance defined in Section 15 ("Insurance") in which case the limits of such coverage will govern. Except where the limitation does not apply as described above, Client releases Noble from all obligations, -liability, claims, or demands relating to the Licensed Software and Documentation and this Agreement, n excess of the limitations provided for in this Section 16. The parties acknowledge that the limitation set forth in this Section Is integral to the amount of fees levied in connection with the license of the Licensed Software and Documentation and the services rendered hereunder and that, were Noble to assume any further liability other than as set forth herein, such fees would of necessity be set substantially higher. Client further agrees that it shall have no claim or cause of action against third party licensors to Noble ":& any Third Party Materials which are embedded in the Licensed Software, except to the extent such rights have been duly assigned to Client. 17.FORCE MAJEURE Neither party shall be liable for default or delay caused by any occurrence beyond its reasonable control or beyond the reasonable control -of any subcontractor, including but not limited to fires, strikes, accidents, acts of God and subcontractor defaults. In the event Noble should be delayed in the completion of any portion of the work by reason of any such occurrence, the time within which the portion of work is to be completed shall be extended by the period of such delay, but no such extension shall be made unless a notice thereof is presented by Noble to Client in writing within ten (10) working days after the occurrence of such delayand no payment shall be made by Client to Noble for any expenses incurred by Noble by reason of any such default or delay. In addition to the foregoing, Noble shall not be liable for default or delay caused by Noble's efforts to comply with U.S. Government export control laws and regulations. In the event that U.S. Government export control laws or regulations change after the -execution of this-Agreement'and such changes inhibit or prohibit Noble from performing under this Agreement, Noble shall not be liable for its non-performance. 18.CONFIDENTIALITY Any information which a party considers to be confidential or proprietary shall, if tangible, be marked as such or, if communicated orally, designated at the time and promptly confirmed in writing as such. Information which is so marked or designated and confirmed, and the Licensed Software regardless of form or designation, shall be "Confidential Information" under this Agreement. Information received by Noble while on the . premises of Client shall be deemed Confidential Information whether marked as such or not. Confidential Information shall be held in trust and used. only as necessary for the performance of this Agreement. Confidential Information shall be treated with the same degree of care to avoid disclosure to third parties as is used with respect to the recipient party's own Confidential Information, but not less than a reasonable -degree of care. Vol. 3 9 ,g 13 Confidential Information shall be disclosed only to those employees or agents of a party who have a need to know such information and are under a binding obligation of confidentiality with respect to any such information received. Confidential Information shall not be disclosed to any other third party without the prior written consent of the party disclosing the Confidential Information. The party receiving Confidential Information shall defend, indemnify and -save the disclosing party harmless from and against any and all damages, including reasonable attorneys' fees, sustained as a result of the unauthorized use or disclosure of the disclosing party's Confidential Information. Confidential Information shall not include information (a) at the time of its disclosure was known to the party to whom disclosed; (b) is already in the public domain or becomes generally known or published without breach of this Agreement; (c) is lawfully disclosed by a third party free to disclose such information; (d) is independently developed by the party to whom disclosed without reference to or use of the Confidential Information; or (d) is legally required -to be disclosed provided -that the party so compelled shall promptly notify the other party so as to permit such other party to appear and object to the disclosure and further provided that such disclosure shall not change or diminish the confidential and/or proprietary status of the Confidential Information. Notwithstanding the restrictions.of this Section 18, Noble or Client may announce the parties' relationship in a press release subject to the reasonable written approval of the other party. 19.DISPUTE RESOLUTION Except as provided in Section 20 below and unless otherwise required in order to comply with deadlines under the law, neither party shall file an action or institute legal proceedings with respect to any dispute, controversy, or claim arising out of, relating to, or in connection with, this Agreement until: (a) the aggrieved party has given the other party written notice of its grievance setting forth the nature of the dispute, the amount involved, if any, -and the remedy desired, and delivering same by certified mail; (b) the other party has failed to provide a prompt and effective remedy; (c) the aggrieved party has requested senior executives for both parties to meet and discuss the matter in order to consider informal and amicable means of resolution; and (d) either such meeting failed to occur within fifteen (15) days after such request or the meeting did not produce a mutually satisfactory resolution of the matter. 20.INJUNCTIVE RELIEF Noble and Client hereby acknowledge and agree that damages at law and the dispute resolution provisions of Section 19 may be inadequate remedies for the breach of Sections 6 ("Title"), Section 7 ("License"), Section 10 ("Non -Solicitation of Employees") or Section 18 ("Confidentiality") hereof, and, accordingly, Noble and Client hereby agree that Noble and/or Client may be entitled to temporary and permanent injunctive or other equitable relief with respect to any such breach without the necessity of proving actual damages or posting a bond or other -security or resorting to the provisions of Section 19. The rights set forth in this -Section 20 shall be in addition to any other rights which the parties may have at law or in equity. Noble and Client agree that if any portion of this Relief provision is found to be over -reaching or . unenforceable, that these provisions can, nonetheless, be applied to the extent found to be enforceable. Vol. _ C1___ pg. a � 14 21.NOTICES Unless stated otherwise, all notices, approvals, consents, requests, demands, or other communication ;to be given to either party shall be in writing by any means where receipt is acknowledged, including electronic transmission, except by facsimile transmission, and shall be effective on the date of receipt thereof. If undeliverable, or if receipt is not acknowledged by the receiving party, such communication shall be effective ten (10) days from the date mailed or sent. Such communication shall be addressed to the parties, except Default Notices and Notices of Termination which shall be addressed to the parties and their legal counsel, at their respective addresses set forth below, or at any other address that each party shall provide to the other in writing: NOBLE'S LEGAL COUNSEL: Noble Software Group, LLC PO Box 990891 Redding, CA 96099 Attention: Chief Financial Officer 22.ASSIGNMENT Lasher Holzapfel Sperry & Ebberson 601 Union St., Suite 2600 Seattle, WA 98101-4000 Attention: Ronald E. Braley This Agreement shall be binding upon and inure to the benefit of the parties' respective successors and permitted assigns. Neither party may assign this Agreement and/or any of its rights and/or obligations hereunder without the prior written consent of the other party and any such attempted assignment shall be void, except that either party may assign this Agreement and/or any of its rights and/or obligations hereunder, upon written notice to the other party to another entity in the event of that party's merger or consolidation with another entity, without the consent of the other party, provided that the assignee is capable of fulfilling and intends to fulfill the obligations of the assigning party under this Agreement. Each party may terminate this Agreement in case there is a change of control of the other party, but shall not be entitled to any refund whatsoever and all amounts owing shall be immediately paid. The term, "Change of Control' shall be limited to an ownership change of more than Fifty Percent (50%) during any twelve-month period. In the case of a governmental agency as Client, the term, "change of control' shall be limited to a complete transfer of the responsibilities of such agency for which this Software has been licensed to another agency. 23.GENERAL This Agreement constitutes the complete and exclusive statement of the agreement between the parties as relates to the subject matter and supersedes all proposals, oral or written, and all other representations, statements, negotiations and undertakings relating to the subject matter. No change in, addition to, or waiver of any of the provisions of this Agreement shall be binding upon either party unless in writing signed by an authorized representative of such party. No waiver by either party:of any breach by the other party of any of the provisions of this Agreement shall be construed as a waiver of that or any other provision on any other occasion. Vol. - I �'9• a 15' In the event any one or more of the provisions of this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall remain in effect and the Agreement shall be read as though the offending provision had not been written or as the provision shall be determined by such court to be read. Upon termination or other expiration of this Agreement, each party shall forthwith return to the other all papers, materials and other properties of the other held by it for purposes of execution of this Agreement. The captions used in this Agreement are inserted for the convenient reference of the parties and in no way define, limit or describe the scope or intent of this Agreement or any part hereof. Dates or times by which Noble is required to make performance under this license shall be postponed automatically for so long as Noble is prevented from meeting them by causes which are Client's responsibility. The prevailing party in a controversy or claim shall have the right to collect its reasonable expenses incurred in enforcing this Agreement, including reasonable attorney's fees. This Agreement may be executed -in two original counterparts, which together shall constitute the same Agreement, but only one of.which need. be produced to evidence the Agreement. ' The parties further agree that the rights and obligations set forth in Sections 3, 4, 6, 10, 11, 12, 13, 14, 16, 18, 19, 20, 21,,and subsections 23.1, 23.2, 23.3, 23.4, and 23.7 shall survive the completion or termination of this Agreement for any reason and enforcement thereof shall not be subject to any conditions precedent. IN WITNESS WHEREOF, each party has caused a counterpart original of this Agreement to be executed as of the date first written above by its authorized representative. ACCEPTED BY: CLIENT NOBLE SOFTWARE GROUP, I.I.C. Signed: Signed: Print name: Print Name: Title: Title: Date: Q Date: 16 EXHIBIT A: LICENSED SOFTWARE LICENSED SOFTWARE All listed Licensed Software will be delivered by a Hosted Site, created and maintained by Noble for the purposes of delivering the Licensed Software to Client via the Internet. PRODUCT DESCRIPTION Noble Assessment Platform Web -based hosted service to deliver assessment and case planning tools. USE OF LICENSED SOFTWARE The Licensed Software listed above may be used in accordance with the Software License Agreement to support the following: Up to 28 named users FVO ,.�_ age ao7 17 EXHIBIT B: THIRD PARTY MATERIALS OVERVIEW Noble is not responsible for the procurement and delivery of any third -party materials to the Client as part of the execution of this agreement. voo., 39 �g• moa 18 EXHIBIT C: CLIENT TASKS OVERVIEW This document describes the major activities required of the Client staff or their consultants or agents in the execution of this Agreement. CLI ENT TASKS The Client will provide the necessary hardware, operating system software, web server software, and database software for the installation of the Licensed Software, as agreed between Noble and the Client. Implementation services such as installation, implementation, and training will be executed as a separate Work Order referencing this Agreement; The Client will provide an appropriate environment, during normal business hours, upon reasonable notice, for Noble on-site support personnel and training staff to work at Client's site; The Client will provide network related services to allow clients to access the Licensed Software; The Client will provide client operating systems and platforms with Microsoft Internet Explorer 11 or better, as well as Adobe Reader for the viewing of any reports; If Client elects to utilize integration services, Client will develop and maintain the middleware component required for integration; If Client elects to migrate data from previous assessment systems, Client will provide Noble with the data to be migrated in SQL Server backup file format and authorize Noble to access and utilize provided data fort : he purposes of migrating data -to the Noble Assessment Platform. 19 EXHIBIT D: PRICING LICENSED SOFTWARE The Licensee may use the following Software at the locations listed/defined in this Agreement. PRICING FOR LICENSED SOFTWARE Pricing for 28 named users is set at $17,146.00 USD PRODUCT PRICE Annual Hosting for Noble Assessment Platform, 28 named users $17,146.00 INSTALLATION/DELIVERY SERVICES/ACCEPTANCE In order to ensure the effectiveness and success of the delivery services, Noble will assign the following project team: (1) Client Representative (1) Systems Engineer (1) Project Manager At times additional staff may be required for the current tasks, and equally at other times the number of staff working on a project may be less than that indicated above. The team members listed above will charge their time as agreed by Customer and Noble toward the services agreement as listed above. ACCEPTANCE CRITERIA ASSESSMENT PLATFORM All Active Enterprise Component software (as delineated above) is deemed accepted after delivery to client and five days of the system running without a severity 1 error. CASE PLANNING The Case Planning module will be considered accepted following all case plan reports allowed for are able to be completed and be saved for a subject. INTEGRATION Integration will be deemed accepted after the system successfully imports data for all areas of the application for which the customer has implemented integration methods per the documentation. The system may not be considered acceptable if it encounters any unresolved severity 1 problems as defined in the Noble Software Maintenance Agreement. Customer will accept the system in parts as indicated in the project plan and in conjunction with the system test plans. Vol. Pg-. 20 TRAINING PROGRAM For the duration of this contract, any training requested will be provided at the rate of $2,200 per day and include all expenses. PAYMENT SCHEDULE The schedule of payment is as follows: Software Hosting Fees and Training will be invoiced upon contract execution. All invoices are /net 30. Item Price Software Hosting Total $17,146.00 Total Amount Due $17,146.00 21 EXHIBIT E: SAMPLE NOBLE SOFTWARE GROUP, LLC WORK ORDER Addendum Reference (Date/Number/Code) This addendum specifies additional software licenses and services to be provided by Noble Software Group, LLC ("NOBLE") to Brazos County Juvenile Probation ("Client"). All terms and conditions of the Software -License Agreement between Noble and Client, dated ("Agreement"), apply to this addendum as if the same had been set forth herein in full. In case of conflict between the terms of this addendum and the Agreement, the terms of this addendum shall prevail. 1. PROJECT IDENTIFICATION AND DESCRIPTIVE INTRODUCTION 2. DESCRIPTION OF SOFTWARE LICENSED AND/OR SERVICES 2.1 Software and Authorized Sites. The software under this addendum consists of the following components which maybe used at the following authorized sites: 2.2 Services. The implementation or other services consist of the following 3. FEES 3.1 Software. Individual prices and the total price are as follows: 3.2 Maintenance on Software Quarterly rate: $ or the following percentage of the software list price: Maintenance is under the terms of the agreement dated ("Maintenance Agreement") 3.3 Services (e.g., installation, support, training). Services will be performed on either a time -and - materials -and -expenses basis or a fixed price basis at the following rates/fees: 3.4 Hardware (if any) 3.5 Expenses (e.g., travel, meals, hotel) 4. PAYMENT SCHEDULE (WHEN ARE TO BE PAID) 4.1 Software license fees 4.2 Services 4.3 Maintenance fees 4.4 Hardware 5. PROJECT PLAN/PERFORMANCE SCHEDULE Val. Ce3j —I pg. �. 22 6. ACCEPTANCE CRITERIA AND PROCEDURE. UNLESS SPECIFIED BELOW, ACCEPTANCE IS UPON DELIVERY. 7. WARRANTY 8. PREREQUISITES/CLIENT TASKS 9. OWNERSHIP OF THE DELIVERABLES ACCEPTED: CLIENT Signed: Print name: Title: Date: NOBLE SOFTWARE GROUP, LLC. [Do Not Sign —Sample Work [Do Not Sign — Sample Work Order] Signed: Order] Print Name: Title: Date: Vol. -31 h— pg. 0 12) Brazos County Commissioners Court ON • g 20 FULLY EXECUTED IN DUPLICATE, EAPH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. 0 By: Duane Peters, County. Judge Juvenile Board Chair 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 q//9 /,10 Date ,�.�q____ �g� aid Noble support@noblesg.com 1320 Yuba St. Suite. #212 Redding, CA 96001 To whom it may concern: Thank you for your interest in the Noble Assessment Platform. Noble offers the same features found in other assessment platforms, but has many proprietary innovations that cannot be found in competing products. The items listed below are proprietary innovations: 1. The software is entirely based on Microsoft's .NET framework 2. Provides a PREA assessment to enhance youth safety and demonstrate PREA compliance 3. Provides a form authoring tool that allows for end users to create scoreable assessments and non -scored forms for easy data collection. 4. Mapping of PACT assessment results to industry -standard 8 criminogenic need areas 5. A case planning tool that highlights stabilizing factors such as homelessness and mental health issues; helping officers focusing on critical needs prior to assigning general case planning goals. 6,-- An automated inter -rater reliability'site-designed to offer your staff the ability to watch professional interviews, complete assessments on those videos, and have the results of the completed assessments compared to a model assessment completed by experts. 7. Noble is the only assessment vendor who has automated the current standard case plan and Title IV -E case plans published by TJJD. 8. Noble's software supports transfers of youth assessment and case plan data between other agencies that also use Noble's software. 9. Access to the CSE -IT tool, along with automatic transmission of CSE -IT data to TJJD. We think that you will find, as our customers have, that these features set our product apart in terms of functionality and overall efficacy. VO I. 319 Pg.a_L5__ Furthermore, Noble Software is used by TJJD and allows for your county's youth records to be transferred to and from TJJD as needed. All but one Texas county/Judicial District is currently using the Noble Assessment Platform, allowing for seamless exchange of data. Sincerely, Diana Norris President Noble Software Group (530)276-8487 Vol. 3 q— P9.-QL(x---- Item Coversheet Page 1 of 1 E BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC 2020 - Utility Permit - BTU - Road and Bridge NUMBER: Matt Wright Road - Electric line crossing 2.12 miles west of FM 159 DATE OF COURT MEETING: ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: 8/18/2020 Consider and take action on the Bryan Texas Utilities permit to cross Matt Wright Road with an overhead electric line 2.12 miles west of FM 159. Site is located in Precinct 1. Commissioners Court Darrell Kolwes 08/12/2020 False False $0.00 File Name Description Tvae Utility Permit - BTU - Matt Utility Permit - BTU - Matt Wdaht Road - Electric line crossina 2.12 miles west of FM 159.odf Wright Road - Electric line Backup crossing 2.12 miles west of FM Material 159 APPRO ' O Duane Peters ate County Judge Vol. Pg. 'cam.. � httns://hra7.nG.nnvngnaendFi.enm/AaenclaWeh/C;nverRheet_a:;nx?TtemTD=21 R17 R/1419.09. ) APPLICATION FOR ELECTRICAL 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 I81.044, comes now BRYAN TEXAS UTILTIES, 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 approval of the location to lay, construct, maintain, repair and/or operate lines under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Cross Road Length of TYPE OF CONSTRUCTION. Road Name & Block Number Crossing CHECK ONE Bored lacked Cased Aerial MATT WRIGHT RD 76 FT y Facility to_Pamllcl County Road Within Right -of -Way Road Name and Block Number From To Distance 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 10 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60t1' day, Company will be required to apply for a new permit. Company declares that prior to beginning construction/work, it will 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. Vol. 3�9 r • i • 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 SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. ,lu the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installadon requirements set forth herein ft.e. depth, location, etc), Company assumes all financial responsibility for damages anular destruction of lines, cables, etc. based upon its failure to comply with Brazos Count}► requirements. This perneit is a revocable permit Brazos Cou non reserves the right to revoke tris permit at any tine, in the sole discretion of Brazos Cormty, for interests of public health, safety or eve/fare, or forfaihrre to repair any damages upon demand, or for any other reason deented sufficient by Brazos County. Lu lite event Company fails to comply )vith any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance, including injunctive relief. The County Eughteer further retains the right to revoke this Permit by verbal notification to the Applicant/Company. Failure to obtain this permit andlor: notify the Couno, Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. 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. Bryan Texas Utilities Company Name Madeline Pattillo By: Signature Line Designer Title 630 Atkins St. Address Bryan TX 77801 City State Zip Office 979-821-5748 Cell 979-213-0698 Telephone Number mpattillo@btutilities.com Email Vol. lig. �)Q 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 1""a-7 - 02 Q except as noted below: EXCEPTIONS: (lam°^C (Month/DayNear) Brazos County Engineer 310d HIMS 3Nn H0110 H1nOS d'0'3 H1noS 6LIO VU do V0 d'013 MON 1 3Nn HOIIG HLHON 310d MON F=pg--a2�- Vol. �_ P9• aaa BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements I . Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices ("BMP") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. _Safety Regulren►ents 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices, as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners, 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffe 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; ! I _ Vol. ~ •` ���- b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right=of--way; 2. Plan must be attached to the permit and kept at the job site anytime work is being performed. 3. Plan must set forth the time of completion for the job. D. Deslnn Standards I. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths — utility may place deeper): a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below; d. not be closer than ten (l 0) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60 feet. 4.. Water Lines: All water lines must be a minimum 36 -inches below the ditch flow line and cased.. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all .new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power— 0 to 2 feet, nominally 1' Phone — 2 to 4 feet, nominally 3' Gas -- 4 to 6 feet, nominally 5' Cable — 6 to 8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above; however, the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be 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; c. TxDOT Standard Specification Item 476 shall be followed for all boring, jacking, tunneling and joints. 9. Bore Pits: a. no pits shall remain open .longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions, the County Engineer or his representative may, require shoring to protect pavement integrity; f. based upon soil conditions, the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten (10) feet of edge of pavement- shall meet the following: a, location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. all excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. all disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. no side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way, Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted, except in an instance whereby the laying, construction, maintenanee.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. Emeryeucy 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 Vol, 3�9 �g. ��5 shall notify County Engineer within 24 hours of beginning constructionlrepairs. 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 ezistina facilities 1. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or its designated representative and a permit has been obtained. G. Relocation ofutilities 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. Hieb Pressure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non -controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) S ecial Re uirements 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 aline that.serves the final customer. Vol. �_ P9• xat(v C4 CL _j vi tne PAR So- A W= lu 8 17 Eli LL. floo cj fit ISon i J, 'gig S. I . 4! _b Sig uj IKI NO! i uj 0 'Hs -a- M. 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W En cr cc LLJ CL id talra _Wzi— Pg--aa7 ] Item Coversheet BRAZOS COUNTY BRYAN,TEXAS Page 1 of 1 Lel DEPARTMENT: CC2020 Messina Hof Estates Lots Road and Bridge NUMBER: 25R1 -25R5 Final Plat- Replat of Lot 25 DATE OF COURT MEETING: 8/18/2020 ITEM: The Final Plat of Messina Hof Estates Lot 2581 - Lot 25R5 being a Replat of Messina Hof Estates Lot 25; 5.24 Acres, Volume 13445, Page 294; Thomas M. Splane Survey, A-53; Bryan, Brazos County, Texas. Site is located in Precinct 2. TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: NOTES/EXCEPTIONS: ATTACHMENTS: File Name Dev Application Replat Lot 25.odf Plat -Messina Hof-Reolat-Lot 25.ndf Commissioners Court Karen Tyler 08/12/2020 False False $0.00 Owner/Developer. Bonscott Merka Properties, LLC (c/o Paul/Merrill Bonarrigo) Engineer/Surveyor: RME Consulting Engineers Description Tvpe Application for Development Backup Material Plat Backup Material APPRO Duane Peters bate , -ounty Judge Vol. pg. � g httns://Brazos.novusa�erida.com/AeendaW-b over a ?ItemID=21820 8/14/2020 Brazos County Road•$ Bridge Office o�rF+ 2617 SH 21 West assrF Bryan, TX 77803 L 1 Y Telephone: (979) 822-2127 Fax;: (979 775-0456 Email:lasts -brazoscountytx.ciov ypl, uF Da'r PLAT.APPLICATION PROPERTYSUBJECT .- . APPLICATION DATE': RESUBMITTAL• ❑ YES 16 NO PROJECT ISUBDIVISION NAME: 'ET N Leri ZS PROJECT ADDRESS OR LOCATION: Ca., u p'-sc-r- LEGAL DESCRIPTION: 1-0r( ZS - IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS: ( TOTAL ACREAGE JURISDICTION: 13 CITYLIMITS -E-a I Rc-A ETJ Ci OUTSIDE ALL CITY LIMITS AND ET.Js • Notification of Application completeness will be given within 1D days of Application date. All incomplete Applications will be rejected. This Application shall expire five (5) years from the Application date of the project. TYPE OF APPLICATION ❑ MASTER PLAN D SIMPLIFIED PLAT ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ AMENDING PLAT REPLAT APPLICATION PU ❑ RESIDENTIAL ❑ MANUFACTURED HOME P�.COMMERCIAL RENTAL COMMUNITY ❑ OTHER (Please explain): FLOODPLAiN IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? ❑ YES W;NO . Ackpowledgment: The flood hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to proposed Developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data On rare occasions greater floods can and will occur and flood heights may be Increased by man-made or natural causes. issuance of a Floodplain Permit in accordance with the Brazos County Flood Damage Prevention Ordinance does not imply that Development outside the areas of special flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage does occur. ■• • , WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? ❑ YES XNO DIGITAL FILE SUBMISSION COUNTY ENGINEER ADOBE (.pdf111.) ZPCAutoCAD (.dwg file) (Email To: platsQo brazoscountybx.gov) 911 ADDRESSING I!,4 --ADOBE (.pdrfiie) FLAutoCAD (Awgfile) (Email To:.gisCQb razoscoun11Lb aov) CONTACT•` • vol. 1 Pg, -22q APPUCANT,!qf,,ORWATION FIRM NAME-. CONTACT: ADDRESS: GL -sr_ On -53 . CITY- I STATE: FzlP PHONE.: FAX EMAIL' -iL.7,1,- W -ep _ C ohy% 'PROPERTY OWNER INFORMATION FIRM NAME: FIRMNAME: MeAp,4?, I gp:.o LLC - CONTACT; -5QNkw_" c_J%mT__> ADDRESS: -"14 Q 0 LAO., q--,r_LA CITY. pt -6x-i -.4 I STATE: -77&cle, PHONE: 61-79- eiz- 12sam=s FAX: EMAIL: maiAt%.,t. 0-> czv-v\ ENGINEER INFORMATION. FIRM NAME: CONTACT: ADDRESS: CITY. STATE: ZIP: PHONE: FAX: EMAIL: SURVEYOR INFORM .,,AT10N FIRM NAME: CONTACT: ADDRESS: -liQPi CITY: STATE: 7777TZP., -710o3 PHONE: 61 ?cq FAX EMAIL: OTHER INFORMATION FIRM NAME CONTACT: ADDRESS: CITY: STATE: ZIP. PHONE: FAX EMAIL: PROPERTY OWNER CONSENT I AGENT AUTHORIZATION Vol. 1 q pg 30 }3y �l Abp lsrre, ! feotefxf afl<,m tt .! am ex pro¢sfCj 4ws?erc d Si ghs,ec ter 1s *) 0 a ®! Y t!±a + Fae bin W*wwi d w me&&* � owifif. ar bis In Rei Ap*aw i c rlt #)w R* �ecat '� k *� a w eooxate, I t prweltf. PIUNTE C41ATM%t 22 MNATURE: ARi@!'Ei o KRdiE., f T 8% 50*9 Iris tom. a* 4 tf OME PAY amara Braacsa Cg�l t� b� P!?te s kk ZM v� IM SYMP- 9 4tx 1t S t V* d Apgtsum k on p2W CM ct stns � Ti* +mac hr t�A"-aa-m et an AaysmAm dolls esol'a ary wr9 exrv"90m'zxt}nrfnclf cw9 iravxrc4mw6a—indMayraei tair i' Sar+ " aecsaotcorjicrniEi 3€aes s R AVIFER PLAN. NO Cfw9'r_ .............. "v1_iF;M PIAT ; FINAL PLAT: $200 � $M pe, kA I AVtj4DM PIAT: lag= I DATIS APPLICATION !iE CEIVELf: ! itEa3 3 PPEi PIAtx SM + ii�_€sSt trhi SIM : 11£3}W'_ S2G[° 0ATE 3IGNfsTURE: .: �, sc�taTu� r C Pt i i{iIsavm. 'j j. Reocipt or IMg Appuc affon by Erar.,ai ca Ny P" � dm.60t cy�afb naCAon of wc�esaC^s ar a ova is Appka6 f+ nax if west rcyukenfvntS fat;erty rstirSlkxwl fr'rurrin-ikta ttOt Giuttt$r>x4 'part r6 �r+'e�' i~S�zcs'+��c'h �Y a� brs tx� da3 a Peet �r n t Application Check List: Copies of finished plat with corrections (itany) Cl Three (.3) hard conies to Brazos County O One (1).pdf copy to Brazos courml One (1) ,dwg copy to Brazos County Cl One (1) hard copy to Brazos County Health DW -11 13 One (1) hard copy to Brazos CounAy 911 Ci One (1) hard copy to local Water District of Co rli ray n, . Letters of approval (to be sent by the approving Instittttly d reauy W Brazos O rly Et�irr� ar€ t • Letter from Brazos County Health District - t=or Crit -site sevm%3e eva3 lafto, Ci Letter from Brazos. County 911 -For Road names. El Letter f(om. Water District or Company,-.Bta0rg water availa tlity. egc. If property is within an Extraterritorial Jurisdic+ion (ET%J) ref a City: 0 approval notifica`don from appropriate City. Applicant attests that they have signed .this Application in the capacity desionated. if arrgr, aM further 8tx. is that they have read document and the statement contained herein and any attached are tn"G and 'factual.. Aft Applicants are encouraged to review the County Re-gulations Orlin to am j3t�; stii;rr�.ttat,� It �3 under tt:rsil' tht this Application is not finished or dated until all documents riated a aveare fled at the &aZ&s "CctMt1j Engineering Office and ail applicable blanks are filled in the Application at)o re. Mill ��F1 �miA1i1 e11 fall i1iI qi � 11A is qa a'. ® $A ail' !tl� "R! A� tl�tl€ps �a c [9REfis�S 9p�a -'I,- IN z�Ta lisp€■66R6q e; € �� tl�E4 64A�p N�lR4q� of OpU■ fise� d BF�iY p I 'Cl��e alp;® 4a � E`5 6 6 ad.E 6®��g€� �e �€e• €€.� �a��1v�q€� i °��g& @�Sb;E jddli�Raa`�aa9� @E .kne &pi€ JI°£a� 9Eg �.k ��� 6��6e� fi SFE 9n@ 3 fiR fi v N fi 0cv�f! Ia IA "III's If' 11 dp R Ali, 94� E& 5@ g a aa Ap A � � @ i A fiS� •8 X9 5A H � €R �a� E F eg B®GS I•�aIyII q F`I � &!e iF e[p 4 LL9et SF4F piti COD��� � ' �' � Bga•C�A�� R�a�2 e 5 �a� �dd3a ��a �® P t§ s ;6 I � i�€daI�deE� BER �a "�a' efi6 gs !"3 Oar—+ _ s ptl €� R@@�� gA�eR f1 gsg€a ! N y fl a RR € Mcg. pg.. 230, Item Coversheet BRAZOS COUNTY BRYANJEXAS Page I of 1 0 DEPARTMENT: CC2020-Old Spanish Trl Final Plat Road and Bridge NUMBER: Blk 2 Lots 5A & 513-Replat Blk 2 Lot 5 DATE OF COURT MEETING: 8/18/2020 ITEM: The Final Plat of Old Spanish Trail Estates Phase 1, Block 2 Lots 5A & 5B being a Replat of Old Spanish Trail Estates Phase 1, Block 2, Lot 5; 0. Wilcox Survey, A-234, L. McLaughlin Survey, A-38; 6.092 Acres; Bryan, Brazos County, Texas. Site is located in Precinct 4. TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT - Commissioners Court Karen Tyler 08/10/2020 False False $0.00 NOTES/EXCEPTIONS: Owner: Robert Villapando Engineer/Surveyor: J4 Engineering/Carlomagno Surveying Inc. ATTACHMENTS: File Name Description Tyae Development Application-Blk 2 Lots SA and 5B.pdf Application for Development Backup Material Old SoanishTri Reolat Blk 2 Lot 5 -FP Blk 2 Lots 5A and 5B.pdf Plat Backup Material APP �-V Duane Peters bate County Tudge LVol. 3 I Pg!o; ht aa.co gena e spx?ItemID=21809 8/14/2020 0 Brazos County Road & Bridge Office gtFt °tom 2617 SH 21 West, :rte : • Bryan, TX 77803 Telephone: (979) 822-2127 oo; ,goy Fax: (979 775-0456 Ema17: platsCthrazoscountW.nov PLAT APPLICATION PROPERTYSUBJECT •- MATIO APPUCATiON DATE •:-6/17/2020 RESUBMITTAL: ❑ YES 1 I NO PROJECTlSUBDNISION NAME: Old Spanish Trail Estates 'PROJECTADDRESSORLOCATION:' 6066 Old- Spanish, Trail Bryan, TX- 77807 LEGALDESCRIPTION:OLD SPANISH TRAIL ESTATES PH 1, BLOCK 2, LOT 5 IF RESUBMITTAL•, PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS: 1 TOTAL ACREAGE 6 -1 JURISDICTION : ❑ CITY UNDTS Lf Bryan ETJ ❑ OUTSIDEALL CITY UMITS AND ETJs • Notification of Application completeness will be given within 10 days of Apprication date. AN incomplete Applications will be rejected. This Application shall expire five (5) years from the Application date of the project. ' ❑ RESIDENTIAL ❑ OTHER ❑ MANUFACTURED HOME I ❑COMMERCIAL FLOODPLAIN IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARO AREA? ❑ YES LN NO Acknowledgment: The Rood hazard boundary traps and other good data used by Brazos County in evaluating flood hazards to proposed Developments are considered reasonable and accurate for regulatory purposes and are based'on the best available scientific and engineering data On rare occasions greater floods can and will occur and flood heights may be Increased by man-made or natural causes. Issuance of a Floodplain Permit in accordance with the Brazos County Flood Damage Preventlon Ordinance does not imply that. Development outside the areas -of special flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage does occur. D• • WILLANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? ❑ YES NO SUBMISSIONDIGITAL FILE COUNTY ENGINEER ❑ ADOBE(.pdffle) ❑ AutoCAD(.dwgfile) (EmallTo.pfats@brazoscoun% gov) 911 ADDRESSING ❑ ADOBE(.pdffoe) ❑ Auto=(.dwgtde) (Email To: ais0brazoscountvtxaovl CONTACT•' • • VOL P9 a ,5q .•s-i?::Cr:=� ::]::v5!.nn vf:�?5l*<,.. ;it?f:: 1T'.V: c�7Y•:.:'� yab:vssh •:•,::_.G:. :V:` :.'. 1.':S_ tiirv:;",f:-: ^,`: f.:t• p .'Lf.• ':k.r n. •,(�..: :;,:_:cr .irFni, 2:n'';i:_.a ".�.•a. �1;5;v: %'P 0 .EEt y:O E 7NE0pp��u��T'ICf1"::. ;� �_..:,:•.� . :.. «M.. .; t=', '�t?::'i�s'"_ :.r..>:�:;• t.�,r v..il1,. ..Tlf.,:Wy ,'t*..,,!'^: •YI�.>.t.. .�l•.t�' i.`�+i�. rf�.`�:"..,,),••F°n�'rr;.`,-::.;:.-�5.: 1���:'i:;., :'l ;'r;:�Yr?-�;. �.,,�n_;. :�v. �s:::wn.- ..asrraa :,a., '_r. .-(¢�.. sas ?tki:'vlv.,v._..;.V%e3?Et 3:.+:,1`_},_;y,�jz �4:.•�,%..ex7 ia'•�;t2,R.. ::f.ef:S,: ,:.•�cr. �:fJ..-:.•:i:..LS:�..S:,•�...t FIRM NAME: Same asapplicant.-- CONTACT. pplicant.CONTACT: ADDRESS: CITY: STATE: ZIP. PHONE FAX EMAIL ,:H: r.SY,.:'r�i::^::i•'�AL 4r.•I-•A rl c. Cye", 'E: ISV.:., ti:i:- n.53i �:NX:".I•• _ :Sr'�`,YIh: ;ro.'c• .•a•, ;:5:._:rE :h;. :::{:.1- :•Alk.•'i:•••�a.:<(kr ..-f':�",;�i . �.. [.yY ':.ti : V..e,:Y:ii�A.•. - •.1 .}�F7,.:, l:i�:Y l-=5 "I y%:vF� ;. -f "ENGIISIEER'l :ORMAi7�, tye ..nr �,..-.,;,,.w . LE,r Gd �'��-' w.�'''> , ;..,,r.. :::�%:,`+S:a :. ..v •: ,: � •.'�s'.:,'.1''.... , x..•� ,;cl'�.,w :C::,x..-?:v?:».ni:'u,�-.;Gqa:rv:r1.N.C+r9::V"'Gi:".:A•.'..s .....::.�Y.•tL'/.:1�' � i?�'it{i:. ..F:-�R: fvS :?ira _.e.•s�1'F .::.a:l:ty,.3t:.a .: i.1J�'.ll::,.a�lS?.:i1.i`.':•]Y,::i":�o:.(•.. FIRM NAME J4 Engineering c/o Glenn Jones CONTACT: ADDRESS: Po BOX 5192 CITY: Bryan STATE: TX zip: 77805 PHONE: 979-739-0567 —T-FTX- axEMAIL:' EMAIL.-gjones@j4engineering.com PROPERTY OWNER CONSENT I AGENT AUTHORIZATION i Vol. 2pg.' By my signature. I hereby affirm that I am the property Owner of record, or if the Applicant Is an organization or business entity, that authorization has been granted to represent the Owner. organization or business in this Application. I certify that the preceding information is complete and accurate, and !1!S:=;-2 derstothat I agree to the DevelopmentiSubdivision of thls property. SIGMA PRINTED NAME V ` DAT -`L2 -ZD SIGNATURE: 0 PRINTED NAME DATE: By signing Oris form, the Owner of the property authorizes Brazos County to begin proceedings In accordance valb the process for this type of Application Indicated on page one of this •Appiicatiom The Owner further admowledges that submission of an Appriration does not in any way obligate the County to approve fhe Application and that although County staff may make certain recommendations regarding this Application, the Commissioner's Court may not follow that recommendation and may make a final decision that does not confoim to the staff's recommendation CALCULATIONS OF MASTER PLAN: No charge SIMPLIFIED PLAT: $100 PRELIMINARY PLAN: $150; $10 per tot FINAL PLAT: $200+$20per lot AMENDING PLAT: $100 REPLAT: $200 RECEIPT BY BRAZOS COUNTY• DATE APPLICATION RECEIVED: _ I f DATE APPLICATION RECEIVED l REJECTED: I ! SIGNATURE SIGNATURE: Receipt of this Application by Brazos County does not provide confirmation or acceptance of a complete Application, nor does it waive requirements for any additional information not contained as part of Orta Application which may also be needed as a part of the review process. Application Check List: Copies of finished plat with corrections (if any): ❑ Three (3) hard copies -to Brazos County ❑ One (1) .pdf copy -to Brazos County ❑ One (1) :dwg copy to Brazos County ❑ One {1) hard copy to Brazos County Health District .❑ -One .(1) hard copy to Brazos -County 911 ❑ One 11) hard copy to iocal.Water District or Company Letters of approval (to be -sent by the approving institution directly to Brazos County Engineering): ❑ Letterfrom Brazos County Health District - For On-site sewage evaluation. ❑ Letter -from Brazos.County 911 - For• Road -names. ❑ Letter from Water District or Company.-: Stating -water availability, etc. If property is within an 'Extraterritorial Jurisdiction (ETJ) of a City: ❑ Approval notification from appropriate City. Applicant attests that they have signed this Application in the capacity designated, 'if any, and further attests that they have read document and the statement contained herein and -any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this Application is not finished or dated until all documents listed above are filed at. the Brazos County Engineering Office and -all applicable blanks -are -filled in -the Application above. Vol. pg. - ON �� -- P— I I p§ ! q 1 I Big// / � rs— 1 • +d MN �=S1 49' I I I I I ! I I ! I ! I I I 1 1 L�+ —_ N '4T31' 5U� II.IpgSI .I• - .•-. 3 - ' �; ri, All oq Ie ° 1 I II . gioall Eli g" P S E 5a � -1 R��� s aA $$cqc ° ° °�@gb —1 $r° g 6a y adt;fill, �gg $ dig E$8g:�$ gvs;t� S��R Rar9° sItsEX5 1��ae§ gp as xl." 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(D G U) (D 0 (D m 0 �1 N N N �d K 0 po 0 m o w r o+ Q Fr E • Vj En o y( O (D x � y ( r -t ei "y 57' W cn U1 N 0 (D O N O ((D LQ (DD 90 oa N O � N O N O O c) x � C) 0 ei "y 57' W cn t bd 0 �;, O O LQ o : Q t" ci x � ei "y 57' W t W�r LQ Q t" ci H u ■■ BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2019-2020 BUDGET YEAR NO. 19/20 46.1— 46.14 On this the 18th day of August 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 18th day of August 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 18th day of August 2020. THE CONMUSSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerks Office and Attached to the original budget 1 Vol. pg, ass BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No.19120 - 46.1 811 912 0 2 0 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Contingency Departmental Support 18 8I7.85 General Fund Budget Office Salary and Wages 10,616.55 General Fund Budget Office Benefits 320.24 General Fund Elections Administration Salary and Wages 4,063.53 General Fund Emergency Management Salary and Wages 3,512.03 General Fund Emergency Management Benefits 305.50 10500000 51620000 DR Overtime 10,616.55 01000 10500000 53100000 DR Social Security 320.24 01000 11210020 5/940000 DR Compensated Pay 4,063.53 01000 35500100 51620000 DR Overtime 3,512.03 01000 35500100 53100000 DR Social Security 305.50 Commissioners' Court, Budget Office, Elections Administration and Emergency Nlana ement Reallocation of funds to the appropriate departments account to cover overtime and compensated pay for the remainder of FY 20. � nAn 1120201 rtment'Ap� ;vale u ",Date: F; DIV ACCT DR1CR ACCOUNT NAME Increase Decrease 01000 11001500 61130000 CR Contingency 18 817.85 Co " ty udge Appro4al ' •,"3Date " sem" J FUND DIV ACCT DR1CR ACCOUNT NAME Increase Decrease 01000 11001500 61130000 CR Contingency 18 817.85 01000 10500000 51620000 DR Overtime 10,616.55 01000 10500000 53100000 DR Social Security 320.24 01000 11210020 5/940000 DR Compensated Pay 4,063.53 01000 35500100 51620000 DR Overtime 3,512.03 01000 35500100 53100000 DR Social Security 305.50 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No, 19/20 - 46.2 AH wrign FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Risk Management Benefits 3,585.00 General Fund Risk Management Salary and Wages 3,585.00 FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 12500100 53300000 CR Employee Health Insurance 3,585.00 01000 12500100 51620000 DR Overtime 3,585.00 RlskManagement Reallocation of funds to the appropriate department's account to cover overtime and/or compensated pay fore remainder o th d f FY 20 - von:- I3 9 Pg. - - - - iDepaitmeot.Approvalo FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 12500100 53300000 CR Employee Health Insurance 3,585.00 01000 12500100 von:- I3 9 Pg. FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 12500100 53300000 CR Employee Health Insurance 3,585.00 01000 12500100 51620000 DR Overtime 3,585.00 von:- I3 9 Pg. BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 19/20 - 46.3 8/1812020 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Justice of the Peace, Pct #3 Benefits 218.00 General Fund Justice of the Peace, Pct#3 Salary and Wages 218.00 Justice of the Peace, Pct. #3 Judge HOq Reallocation of funds to the appropriate department's account to cover overtime and/or compensated pay for the remainder of FY 20. vii. �'��Q pg. a�.a Y" Y v..6 [Departmerit Aproval ` - - bate _ 1 FUND DIV ACCT DR/CR ACCOUNTNAME Increase Decrease 01000 24301100 53300000 CR O County Judde ApQroval Date vii. �'��Q pg. a�.a FUND DIV ACCT DR/CR ACCOUNTNAME Increase Decrease 01000 24301100 53300000 CR Employee Health Insurance 218.00 OI000 24301100 51940000 DR Compensated Pay 218.00 vii. �'��Q pg. a�.a BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19120 - 46.4 8/18/2020 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Sheriff Administration Jail Medical Benefits 21,760.00 General Fund Sheriff Administration Jail Medical Salary and Wages 21.760.00 Sheriff Administration - Jail Medical Reallocation of funds to the appropriate departments account to cover overtime and/or compensated pay for the remainder of FY 20: -.`fix , � as• rvd ��, .` ED"".artmeotAepra is<rs _.. ,° ;bate "� FUND DN ACCT DRICR ACCOUNT NAME Increase Decrease 01000 28003000 53300000 CR Em to ee Health Insurance 'Cuiiri Judge ApprovalP00—:1AW 21 760.00 01000 28003000 FUND DN ACCT DRICR ACCOUNT NAME Increase Decrease 01000 28003000 53300000 CR Em to ee Health Insurance 21 760.00 01000 28003000 51620000 DR Overtime 21,760.00 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No.19120 - 46.5 N s nnp LDate 8/11/21120 von. � i gig:7-Q:7 t artment FUND DIV ACCT [,County Judge Approval > _?Date _"p I; von. � i gig:7-Q:7 FUND DIV ACCT DR/CR ACCOUNTNAME _Increase Decrease 01000 3010I100 53300000 CR Employee Health Insurance 141.00 01000 30101100 51440000 DR Compensated Pay 141.00 von. � i gig:7-Q:7 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 19/20.46.6 the remainder of FY 20. T? Dit6ii—aftidn 0 -pr 11 FUND DIV N, I�Cosnty udae Approval ACCOUNT NAME Increase Decrease voi. 31 q pg. —2 —7/ FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 30401100 53300000 CR Employee Health Insurance 138.00 01000 30401100 51940000 DR Compensated Pay 138.00 voi. 31 q pg. —2 —7/ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19120 - 46.7 N!IT 09n FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease TJJD - Community Grant Fund Programs Benefits 3,000.00 TJID - Commitment Grant Fund Diversion Benefits 6,690.00 TJJD - Community Grant Fund Progmms Salary and Wages 9,690.00 FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 30000 312130 53300000 CR Employee Health Insurance 3,000.00 30000 312140 53300000 CR Employee Health Insurance 6,690.00 30000 312130 51620000 DR Overtime 3,993.00 30000 312130 51940000 DR Compensated Pay Juvenile TJJD Grants Reallocation of funds to the appropriate department's account to cover overtime and/or compensated pay for the remainder of FY 20. F ;.�_a8/1112020 sP attrrient,i4 proiial 'a abate 't_ s lsa: I PCou Jirdge'Appr_o"v"val u.,,.: , Date I For�Aceoun6n� P-,, ses Ong' s--*�' '�, a .,z;'. x � '- �ec-,F �x ,� •� F ,, . � �, a .� N� r �. � � . FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 30000 312130 53300000 CR Employee Health Insurance 3,000.00 30000 312140 53300000 CR Employee Health Insurance 6,690.00 30000 312130 51620000 DR Overtime 3,993.00 30000 312130 51940000 DR Compensated Pay 5,697.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19120 - 46.8 a 14 I2YfMfl FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Facilities Services Repair and Main. 1,200.00 General Fund Facilities Services Minor Acquisitions 1,200.00 Facilities Services Reallocation of funds to the appropriate de artrnenfs account to purchase a safety cage for one of the Facilities Services Vans. '811112020 a73 vol. `�9. Pg. �Departnient A ro ,,::Date r:;; •: ' . FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 01000 oflffiko Cburi�9e Maintenance a73 vol. `�9. Pg. FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 01000 17000100 65050000 CR Maintenance 1,200.00 01000 17000100 67890000 DR Vehicle Fquipment 1200.00 a73 vol. `�9. Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19120 - 46.9 o r4 av13non FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Capital Improvement Fund Capital Projects Capital Outla 11,530.00 General Capital Improvement Fund Other Financing Sources 11,530.00 General Fund Other Financing Sources 11,530.00 General Fund Road and B 'd a Minor Acquisitions 11,530.00 Decrease 45000 63000500. 80890000 a8lt1l20201 Vehicles 11 30.00 45000 00000000 91300000 DR Transfer to General Fund 11,530.00 01000 00000000 49015000 CR Transfer from Capital Imrp Fund FCotinty„Judge Ap�t�uv'_alf 01000-- 56001000 - 67890000 DR Vehicle Equipment 11,530.00 General Capital Improvement and Road and Bride Reallocation of funds to the appropriate de artmenfs account to purchase equipment for replacement Road and Bride vehicles that wen: approved for FY 20. -: x, 1 e Forilcc'"�anitn Tu ose�Onl .._ . �..�. �.. ,.,_ . ,. ;; ,` �zr-,s ^ .Tj,”,. �� � :� �Y:�_?'�.?$`: � -.M�' .� , �'�.��:.�z 3tVz 71Z, '7� I f Qd tmerit 7AP offal "p ACCT trif of ar nnp Decrease 45000 63000500. 80890000 a8lt1l20201 Vehicles 11 30.00 45000 00000000 91300000 DR Transfer to General Fund 11,530.00 01000 00000000 49015000 CR Transfer from Capital Imrp Fund FCotinty„Judge Ap�t�uv'_alf 01000-- -: x, 1 e Forilcc'"�anitn Tu ose�Onl .._ . �..�. �.. ,.,_ . ,. ;; ,` �zr-,s ^ .Tj,”,. �� � :� �Y:�_?'�.?$`: � -.M�' .� , �'�.��:.�z 3tVz 71Z, FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 45000 63000500. 80890000 CR Vehicles 11 30.00 45000 00000000 91300000 DR Transfer to General Fund 11,530.00 01000 00000000 49015000 CR Transfer from Capital Imrp Fund 11,530.00 01000-- 56001000 - 67890000 DR Vehicle Equipment 11,530.00 . . . . . . . . . . . . . . . BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 19/20 - 46.10 A11 WAW FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Health and Life Fund Other Revenue 250.00 Health and Life Fund Wellness Programs De artmental Support 250.00 Health and Life Fund - Wellness Program To recognize a donation in the amount of $250 from Insurors of Texas. aen )Kor-'Aecauntm E ",4 _, d A t3.' %. [ a y, 4-Y,.yV tt•�+ �' ; S F33L S ,u.:. .ffi ,IML ^.' "o"ses�nis N.., .. 3>.a, �,.. iD"epartmi:nLAppr val:'�.- ?abate _ �&" ! FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 50000 00000000 46023000 CR Oounty Jud3ie Appro"�I" 50000 aen )Kor-'Aecauntm E ",4 _, d A t3.' %. [ a y, 4-Y,.yV tt•�+ �' ; S F33L S ,u.:. .ffi ,IML ^.' "o"ses�nis N.., .. 3>.a, �,.. FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 50000 00000000 46023000 CR Donations - Other 250.00 50000 64005300 61235000 DR Donations - Other 250.00 Vol. 319 pg.275 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 19/20.46.11 RH R12020 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease County Records Management Records Management Departmental Support 756.00 County Records Management Records Mana ement Minor Acquisitions 756.00 County Records Management Reallocation of funds to the appropriate department's account to purchase warranty for a scanner. nnp Lte" 8/12/2020 INA DepartinentAppr al`s,_ r :Date MA lCounty_Judge Approval FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 19000 50000100 60500000 CR E ui ment & IT Enhancements 756.00 19000 50000100 67203000 DR Minor Computer Hardware 756.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19120 - 46.12 Rrl Rnrnn FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Juvenile Administration TYC Parole Contractual Services 3,000.00 General Fund Juvenile Administration TYC Parole Minor Ac uisitions 3,000.00 Juvenile Administration - TYC Parole Reallocation of funds to the appropriate de artmenes account to purchase radios to be used during surveillance of juvenile probationers and TJJD parolees. k3 ry$, nnp Date rr= q�.k 8/72/2020 9B 4 'n t rtmentAppr vai->= ; -:SY Date County Judge Approval �`r� . `=°>Dafe .�u �. 1 " ° , FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 01000 31010000 71500000 CR Rental Equipment 3 000.00 01000 31010000 67287000 DR Equipment -Radios 3,000.00 L,...8/121nnp 2026 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19120 - 46.13 Vol. �21 P g. —a7 "N' 'RJ,. iATZ"m - FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 01000 24201100 C' - un' -j _pOt( LA CR Employee Health Insurance 144.00 Vol. �21 P g. —a7 FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 01000 24201100 53300000 CR Employee Health Insurance 144.00 01000 24201100 51940000 DR Compensatcd Pay 144.00 Vol. �21 P g. —a7 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No.19120 - 46.14 itmatzn2n FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Contin enc Departmental Support 97.719.46 General Fund Other Financing Sources 97,719.46 Grant Fund ACCT Other Financing Sources 97 719.46 Grant Fund Coronavirus Relief Fund - TDEM Grant De amental Support 264,240.54 Grant Fond Coronavirus Relief Fund - TDEM Grant Minor Acquisitions 177,000.00 Grant Fund Coronavirus Relief Fund - TDEM Grant Contractual Services 184,960.00 DR Transfer to Grants Fund 97,7I9.46 30000 00000000 49028000 CR Transfer from General Fund 97,719.46 30000 355500 61130000 CR Contingency 264,240.54 30000 355500, 67286000 DR Equipment - Other -• •177,000.00 30000 355500 71250000 DR Contract Services 184,960.00 Grant Fund - Coronavirus Relief Fund - TDFM Grant Reallocation of funds to the appropriate departments account to 2urchase equipment for COVID Testing $177,000 and for the MOU with Health District ($184,960). w..m-. „ .....,» :For Accottntino•Y.0 ». 'ti• dK oses+bniv..�"1,� tt >'�` r,. k -W *�'1. t` z3*" .�' n'3 A L -"'� £ F '*.'fie .... , � _ ...� t •tet ,. , � r.�.,r f. , 9 p . t ""artrii6ntAp royal' FUND DIV ACCT DRICR ACCOUNT NAME increase Decrease CSuK tid96:- al . , to ..•• w..m-. „ .....,» :For Accottntino•Y.0 ». 'ti• dK oses+bniv..�"1,� tt >'�` r,. k -W *�'1. t` z3*" .�' n'3 A L -"'� £ F '*.'fie .... , � _ ...� t •tet ,. , � r.�.,r f. , 9 p . FUND DIV ACCT DRICR ACCOUNT NAME increase Decrease 01000 11001500 61130000 ..CR Contingency 97,719.46 01000 00000000 91320000 DR Transfer to Grants Fund 97,7I9.46 30000 00000000 49028000 CR Transfer from General Fund 97,719.46 30000 355500 61130000 CR Contingency 264,240.54 30000 355500, 67286000 DR Equipment - Other -• •177,000.00 30000 355500 71250000 DR Contract Services 184,960.00 von. ,-1�. 9 pg. a 79 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 08/1812020 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 Auditor Mason, Megan Change of Status County Judge Mosavi, Gina Separation Records Management- Kuroda, Virginia Separation Road & Bridge Cervantez, Alberto Employment Sheriffs Office Allison, Renee Employment Coker, Carl Separation Hendrix, Abigail R. Change of Status Huffman, Kelvin A. Employment Pruett, David A. Employment Treasurer's Office Glidewell, Lana Separation Approved in Commissioners' Court: 08/18/2020: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) '+foi. �"-)Q fig; �P� i Item Coversheet DEPARTMENT: DATE OF COURT MEETING: ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name DOC136.PDF BRAZOS COUNTY BRYAN,TEXAS NUMBER: 8/1812020 Acknowledgement of Investment Report for Quarter Ending 6/30/2020 Commissioners Court 08/13/2020 False False $0.00 Description Investment Report for WE 6/30/2020 Type Backup Material Page 1 of 1 0 ACKN Duane Peters Date: County Judge 110 E17 -S2 httn.://hra7.nq-n nvri.alsend.g.. cnm/A uenciaWeh/C`,nver,heet.a snx?TtemTD=21831 8/13/2020 Laura Taylor Davis 200 S. Texas Avenue, Ste 240 Brazos County Treasurer Bryan, Texas 17803 ldavis@brazoseountvtx.eov Tel: 979-361-4345 DATE: 8/13/2020 TO: Hon. Duane Peters, County Judge Hon. Steve Aldrich, Commissioner Hon. Chuck Konderla, Commissioner Han. Nancy Berry, Commissioner Hon. Irma Cauley, Commissioner Candy Gallego, Administrative Assistant FROM: Laura Taylor Davis, County Treasurer RE: Quarter Ending 06/30/2020 Investment Report This report is made in accordance with provisions of Gov. Code 2256, The Public Funds Investment Act, which requires quarterly reporting of investment transactions to the Commissioners' Court. The Brazos County Investment portfolio earned an average yield of .31% on the quarterly average balance of $11,258,243.63 invested with TexPool, an average yield of .82% on the quarterly average balance of $12,103,708.32 invested with Texas Class, and an average yield of .14% on the quarterly average balance of $3,447.53 invested with Dreyfus Cash Management Fund for the period ending 06/30/20. Investment interest earned and received during the quarter was' $40,604.82. Actual -ending balance invested on 06/30/2020 was $23,623,498.42. The rate of interest earned at the county depository as per aur contract is 0.905'0. Interest deposited from BBVA for the quarter ending 06/30/2020 was $322,557.47 for the quarter. average depository investable balance of $148,683,144.25. Total interest earned for the quarter ending 06/30/2020 was $363,162.29. Investment strategy The Brazos County Investment Strategy remains focused on short -termed investments with the safety of principal as the foremost objective followed by liquidity and yield as per the Brazos County Investment Policy. Summary of Portfolio Changes The main changes in the Investment Portfolio were contributed to the economic impact of Covid-19. As the rate in the Investment Pools continues totrend downward, interest earned will continue to decrease. One negotiable CD matured, and the interest earned and principal were deposited back to our depository. FY 2020 INTEREST RATES AND EARNINGS BY MONTH January 2020 TexPool Int TX CLASS Int Dreyfus Int CD Checking Acct . Int Total February202O Interest__ Rate ^� Interest Rete Interest Rate Interest Interest Rate Interest ^_ october2019 43,902.26 1.91 62,284.69_ 2.09_ 49.08_1.77 ` 0.78 477.5_3_ i _ 37,901.26 0.90 144,614.82 November2019 37,343.83 1.68 55,148.25 1.94 1.15 " 1.55 4ZZ.96 35,220.98 0.90 128,137.17_ December2019 37,379.40 1.62 54,438.15 1.88 1.72 1.51' 409.31 42,915.65 0.90 135,144.23 QIE 12/3112019 118,625.49 1.74 171,871.09 1.97 51.95 1.61 1,309.80 116,037.89 0.90 407,896.22 January 2020 36,735.37 1.59 68,768_._72_ 1.86 2.23_ 1.50 422.96 62,046.03 0.90 167,975.31 February202O 34,374.56 1.59 64,583.77 1.77 2.59 1.51Y 422.96 72,259.02 0.90 171,642.90 M arch 2020 19,438.591 1.00 38;860,78 1.47 1.69 0.78 395.67 91,841.99 0.90- 150,538.72 Q1E 031342020 90,548.52 1.39 172,213.27 1.70 6.51 1.26 1,241.59 226,147.04 0.90 490,156.93 April 2020 w 4,209.50 0.45Y 10,896.50 1.10 ^0.54 0.22 422.96 108,818.63 0.90 124,348.13 y M ay 2020 2,566.63 +0.27 7,760.83 0.76. 0.32 0.11 409.31 112,308.84 _0.90' 123,045.93 June 2020 2,002.93 0.22 5,853.67 0.59• 0.31 0.10 6,481.32 101,430.OD 0.90 115,768.23 ' Q1e 06130/2020 8,779.06 0.31 24,511.00 0.82. 1.17 0.14 7,313.59 322,557.47 0.90 363,162.29 YTD TOTALS 217,953.07 1.15 368.595.36 1.50• 59.63 1.01• 9,864.98 664,742.40 0.90' 1,261,215.44 Attached are the following reports. 1) Summary of Investments by Fund & Strategy 2) Investment Summary Quarter End Activity Report 3) Weighted Average Maturity & Yield ToAhe. best.of our knowledge, the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as approved by the Commissioner's Govf)f Brazos 06untY. Laura Taylor Davis, County Treasurer, CIO 22�11 J 'e Candelaria, Chief Deputy Treasurer L;L-AllY'Z" Cristion Villarreal, Asst. Deputy Treasurer Date - ' S/13/ao->o Date �f 13�2d Date a Vo I. aIq Pg, aQ,3 SUMMARY OF INVESTMENTS BY FUND & STRATEGY General Fund (01001 COST Book Value TeXPool $ 11,260,434.46 $ 11,260,434.46 Texas Class $ 12,110,197.71 $ 12,110,197.71 $ 23,370,632.17 $ 23,370,632.17 Certificates of Obligation -2017 (43171 TX Class $ - $ _ LPPF (1600) TX Class GOV $ - $ _ STRATEGY TYPE: OPERATING FUNDS $ 23,370,632.17 $ 23,370,632.17 GO Debt (4100) TX Class $ - $ - Dreyfus Cash Mgmt Fund $ 3,866.25 $ 3,866.25 Certificates of Deposits $ 249,000.00 $ • 249,000.00 $ 252,866.26 $ 252,866.25 STRATEGY TYPE: DEBT SERVICE FUNDS $ 252,866.25 $ 252,866.25 Total Book Value of all funds invested as of 6!30120 $ 23,623,498.42 Vol. 319 pg. a,64 0 M Lu O O z 5 z LLI w LU Q z LLI U) LLI (D 00 0. 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