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Home My WebLink About2020-09-15 10:00AM REGULAR MEETINGMINUTES SEPTEMBER 15, 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, September 15, 2020 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Chuck Konderla, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance Invocation- Commissioner Konderla • - U.S. Flag- Leonora Owre, Honorary Regent, La Villita Chapter DAR • - Texas Flag - Jane Wert, Member, La Villita Chapter DAR 2. Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items 3-13: Voi. gig. 1 � 3. Proclamation 20-032 declaring September 17-23, 2020 as Constitution Week. The County Judge read aloud Proclamation 20-032 declaring September 17 through 23, 2020 as "Constitution Week" and presented it to members of the Daughters of the American Revolution. Leonora Owre expressed her thanks to the Court for their support of "Constitution Week". Commissioner Berry also thanked the members of the Daughters of the American Revolution for all they do on behalf of the constitution. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 4. Appointment of Jason Bienski to the Board of Directors of the Regional Mobility Authority. Term appointment is September 15, 2020 - December 31, 2023. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 5. Order 20-027 adopting the Tax Rate of 2.21 percent for the Local Provider Participation Fund and designating Compass Bank as the L P P F depository. The mandatory tax rate was set at 2.21 percent and designated Compass Bank as the depository. A copy of the order is attached. Motion: Approve, Moved by Commissioner Nancy Berry; Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 6. Approval of the following Job Description: a. Chief of Staff/Legal Officer - County J udge (Class Code 0240) A copy of the job description is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 7. Approval to cancel contract #20-114 for Temporary Services with Staffing Texas, LLC. due to vendor's non-compliance with terms and conditions on the contract. Commissioner Aldrich asked what will we do for temporary services. Purchasing Agent Charles Wendt answered that the contract would be awarded to the next lowest bid. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 8. Approval of the following Community Support contracts for FY 2021: • a. Aggieland Humane Society, Inc. • b. Big Brothers Big Sisters of Brazos Valley • c. Brazos County Historical Commission • d. Brazos Valley Council of Governments for Indigent Health • e. Brazos Valley Economic Development Corporation • f. Brazos Valley Food Bank, Inc. • g. Bryan/College Station Chamber of Commerce • h. Dispute Resolution Center • i. Health for All, Inc. • j. Junction 505 • k. Keep Brazos Beautiful, Inc. • I. MHMR Authority of Brazos Valley • m. Scotty's House Child Advocacy Center • n. Sexual Assault Resource Center • o. South Brazos County Fire Department • p. District 2 Volunteer Fire Department • q. Volunteer Fire Department, Pct. 3 • r. Volunteer Fire Department, Pct. 4 A copy of each contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Kondeda, Peters. 9. Acceptance of the road(s) in Indian Lakes Phase 33 into the Brazos County road maintenance system; the road (Sandia Springs Cove) and roadway drainage structures are in compliance with the Brazos County Subdivision Regulations. 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. 10. Tax Refund Applications for the following: Overpayments • a. Molly Lake Elliot- $33.77 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 11. Budget Amendments. Budget Amendments FY 19/20 50.1-50.2 50.1 Reallocate funds for Commissioners Court. 50.2 Transfer funds from Risk Management- COVID 19 Fund to Contingency Fund. Motion: Approve., Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, .Peters. 12. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 13. Payment of Claims. Claims 8102659-8102787 9000522-9000551 Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 14. Juvenile Director's report on detention population. Juvenile Services representative Chris Coffey reported there are 15 juveniles in detention and 26 on electric monitors. There are 3 new youth in isolation as per medical protocol. 15. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 550 inmates in jail, 483 inmates are male and 67 are female, 29 have electronic monitors and 18 are pending for monitors. Sheriff Kirk reported that for the 4th day in a row 0 inmates have tested positive for COVI D-19, and there are 67 inmates in quarantine. There are 3 staff members positive with 2 hospitalized, and one has been transferred to rehabilitation in Conroe. He added that there are 4 staff members in quarantine. 16. Announcement of interest items and possible future agenda topics. Commissioner Cauley announced there is free COVI D-19 testing this week at Pleasant Grove Baptist Church in College Station. Testing will be September 14 through 18, 2020 at 12:00 p.m. until 8:00 p.m. She said that next week, September 21 through 25 testing will be at New Zion Missionary Baptist Church in Bryan. 17. Call for Citizen input and/or concerns There was no citizen's input. 18. Adjourn. Pg I The foregoing minutes of the Commissioners Court Meeting held September 15, 2020 have been examined and are approved in open Court this 13th day of October 2020, in Bryan, Brazos County, Texas. Duane Peters County Judge Steve Aldrich Commissioner, Precinct 1 Chuck Konderla Nancy Berry Commissioner, Precinct 2 Commissioner, Precinct 3 Commissioner, Precinct Attest: Vin/ 1, � � - - i Karen McQueen County Clerk VO I. Pg. JM- BRAZOS COUNTY BRYAN,TEXAS ?C!!0Cir (I '' �� 2 NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON SEPTEMBER 15, 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 Invocation- Commissioner Konderla •' - U.S. Flag - Leonora Owre, Honorary Regent, La Villita Chapter DAR - Texas Flag - Jane Wert, Member, La Villita Chapter DAR 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-13: 3. Proclamation 20-032 declaring September 17-23, 2020 as Constitution Week. 4. Appointment of Jason Bienski to the Board of Directors of the Regional Mobility Authority. Term appointment is September 15, 2020 - December 31, 2023. 5. Order 20-027 adopting the Tax Rate of 2.21 percent for the Local Provider Participation Fund and designating Compass Bank as the LPPF depository. 6. Approval of the following Job Description: a. Chief of Staff/Legal Officer - County Judge (Class Code 0240) 7. - Approval to cancel contract #20-114 for Temporary Services with Staffing Texas, LLC. due to vendor's non-compliance with terms and conditions on the contract. 8. Approval of the following Community Support contracts for FY 2021: • a. Aggieland Humane Society, Inc. • b. Big Brothers Big Sisters of Brazos Valley • c. Brazos County Historical Commission Vol. �o�� Pgo • d. Brazos Valley Council of Governments for Indigent Health • e. Brazos Valley Economic Development Corporation • f. Brazos Valley Food Bank, Inc. • g. Bryan/College Station Chamber of Commerce • h. Dispute Resolution Center • i. Health for All, Inc. • j. Junction 505 • k. Keep Brazos Beautiful, Inc. • I. MHMR Authority of Brazos Valley • m. Scotty's House Child Advocacy Center • n. Sexual Assault Resource Center • o. South Brazos County Fire Department p. District 2 Volunteer Fire Department • q. Volunteer Fire Department, Pct. 3 • r: Volunteer Fire Department, Pct. 4 9. Acceptance of the road(s) in Indian Lakes Phase 33 into the Brazos County road maintenance system; the road (Sandia Springs Cove) and roadway drainage structures are in compliance with the Brazos County Subdivision Regulations. Site is located in Precinct 1. 10. Tax Refund Applications for the following: Overpayments e a. Molly Lake Elliot - $33.77 11. Budget Amendments. Budget Amendments FY 19/20 50.1-50.2 12. Personnel Change of Status. Personnel Action Forms 13. Payment of Claims. 14. Juvenile Director's report on detention population. 15. Sheriff's report on inmate population. 16. Announcement of interest items and possible future agenda topics. 17. Call for Citizen input and/or concerns 18. Adjourn. vowPg. 14,E PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. . It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward. the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX77803 is wheelchair accessible. Handicap parking spaces are available. Any request for'sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. Vol. Pg. -L22- Pg I of Z BRAZOS COUNTY COMMISSIONER'S COURT /s�y DAY OF S,,Akv-� , 20,4;,-o �o-ov AM4M, �6� Name (PLEASE PRINT) wp // Organization (PLEASE PRINT) Wmazs RC 17 - is 911F� rl A All I Vol..�� P9•J..z>v Pg Z of Z BRAZOS COUNTY COMMISSIONER'S COURT Name (PLEASE PRINT) ,A/at�u G� wv \ ev It - Organization (PL SE P14NT) Proclamation Constitution Week WHEREAS September 17, 2020 marks the two hundred thirty third anniversary of the drafting of the Constitution for the United States of America by the Constitutional Convention; and WHEREAS It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion; and WHEREAS Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17-23, 2020 as Constitution Week. NOW, THEREFORE, BEITPROCLAIMED that the Brazos County. Commissioners Court does hereby proclaim the week of September 17-23, 2020 as Constitution Week AND urges our citizens to reaffirm the ideals which the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained, and to express gratitude for the privilege of being an American in a Republic which functions under the oldest Constitution still in active use today. PROCLAIMED this �`J day of Se to Duane Peters, Countv Judae Commissioner Steve Aldrich Precinct 1 Commissioner Pen Precinct 3 Commissioner Chuck Konderla Precinct 2 _ BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Jason Bienski to the Board of Directors of the Regional Mobility Authority The term of this appointment is September 15, 2020 through December 31, 2023 Duane Peters Date County Judge Brazos County Administration Bldg. 9 200 S. Texas Ave. • Suite 332 - Bryan, Texas 77803 • Fax: (979) 361-4503 Pg. 1-gi-I STATE OF TEXAS § Z COUNTY OF BRAZOS § D:1_ ADOPTING THE LOCAL PROVIDER PARTICIPATION FUND (LPPF) MANDATORY PAYMENT TAX RATE AND DESIGNATING A DEPOSITORY WHEREAS, pursuant to Chapter 296 of the Texas Health and Safety Code, the Brazos County Commissioners Court created the Brazos County Local Provider Participation Fund; WHEREAS, the purpose of the Local Provider Participation Fund is to generate revenue to provide the nonfederal share of a Medicaid Supplemental Payment Program by requiring a mandatory payment from Institutional Healthcare Providers in Brazos County; WHEREAS, pursuant to Section 296.151(b) and (c) of the Texas Health and Safety Code, Brazos County can set the mandatory payment amount in an amount which is proportional and which is not to exceed six (6) percent of the aggregate net patient revenue of all paying hospitals in the County; WHEREAS, pursuant to Section 296.103 of the Texas Health and Safety Code, Brazos County shall designate one or more banks located in the County as the Depository for Mandatory Payments. NOW THEREFORE BE IT ORDERED, by the Brazos County Commissioner's Court, that for FISCAL YEAR 2021, the Brazos County Local Provider Participation Fund; a. The -Mandatory Payment Tax'Rate beset at two point two one 2.21 percent; and b. Brazos County designates Compass Bank to continue to be its Depository,for mandatory payments received by the county. E. pga1s.� Passed, Approved, Adopted and Ordered this 151x' day of September 2020 by a vote of 6- ayes and V nays. Duane Peters County Judge =::::I- Stevenn.H`..W. Aldrich County Commissioner, Precinct I Nancy Berry County Commissioner, Precinct 3 ATTEST: Karen McQueen Brazos County Clerk Chuck Konderla County Commissioner, Precinct 2 Irma Caul y County Commissioner, Oinct 4 vmo. �— �s• \ g 3 0) o= T S 01 r. (D K � (D y s 2rNr 13 Ln � S (j' p (n T -0m ;o )* r� rr 7 S (O V=i ip N 3 ID 7 (nD S a Q = M (D n In o a (D D S n °i (D d n D (D Z) -0 It a M m n o s m a La m n w S y = 0 rD ° a � s y 0 c rr waocowWm m m m d m w (On 0 N N 0 N -W ift 4A, :R -L4 j)- -t4 Nr to N 00 U1 r 00 ct ONw w wLn`n i+ N '(31In 00 � O 00 In V r W (n (n VO AACnN A N 00 N A r iD to Ln 0) VI N F+ ON N N N N N N N N N N N N r+rrrrr 0 0 0 0 0 0 � i!1 iR �Pr hf: 4R N N 00 In m W N Y1 W A N G W O V 00 V O� lJ7 N V N O A N V W ,p r O O (!1 ON A AW N p V N O W i0 A O O r r VI V1 A V 00 In M Vol. Pq,n�L A I k0'. �i Required: State of Texas law license. Preferred: Physical Demands Typical: Light lifting and carrying of approximately 20 pounds or less. Knowledge, Skills, & Abilities Typical: Must have a working knowledge of Criminal Law, Family Law, Mental Health Law and Bail Bond Law. Possess the ability to understand and apply the law. Excellent oral and written communication skills. Experience in consulting and operations. Strong interpersonal skills and a knack for productive collaboration across varying departments. Detail -oriented and data -driven. Able to successfully organize, lead and direct large teams of people. Possess an encouraging, can -do attitude. Effective manager. Impeccable time management and multi -tasking skills. Business -minded and a strategic planner. Proven problem solver who can make clear-headed decisions while under pressure. Ability to analyze and compile large sets of data and present effective reports. Highly experienced with project coordinating and management. Self -motivated and self - ;sufficient. Proven creative thinker with strong business acuity. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. While performing the essential duties of this job, the employee is frequently required to work under time pressures to meet deadlines, to perform multiple tasks simultaneously, to perform tedious and exacting work; and to work closely with others as part of a team. Item Coversheet BRAZOS COUNTY BRYANJEXAS DEPARTMENT: Purchasing NUMBER: DATE OF COURT MEETING: 9/15/2020 ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name No Attachments Available Page 1 of 1 Approval to cancel contract #20-114 for Temporary Services with Staffing Texas, LLC. due to vendor's non-compliance with terms and conditions on the contract. Commissioners Court Kaitlyn Battles 09/09/2020 False False $0.00 Description TOO PR - Duane Peters - Dat Ounty Judge . VOL pg. q 7_ httnc•//hra7ne nntmcaaPnrin rtnm/AoPnrlaWPh/C'nvPrChPPt acnx9Tte.mTT)=7.1944 9nnl�.m.� AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggieland Humane Society, Inc. October 1, 2020 — September 30, 2021 T is Agreement f r Animal Shelter Services ("Agreement") is made this day, of , 2020 by and between The Aggieland Humane Society, Inc., a Texas non- rofit corporation (herein the "Shelter") and Brazos County, Texas, a. political subdivision of the State of Texas acting by and through its duly elected Commissioners Court (herein "County"). RECITALS Whereas, the Shelter operates a facility currently located at 5359 Leonard Road, Bryan, Brazos County to house stray, unwanted or abandoned animals (herein the "Facility"); and Whereas, the County has a need of a facility to house animals, other than livestock, that it takes possession of throughout the County; For and in consideration of the mutual covenants herein expressed, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. The County agrees that all animals, other than livestock, seized within its jurisdiction by its duly appointed agents, may be delivered to the Facility, there to be impounded under the exclusive control and custody of the Shelter for periods of time as required by State law and the applicable County orders except as hereinafter set forth, but in no circumstances less than three (3) days unless determined by a certified euthanasia technician that euthanasia is necessary. 2. The County agrees to pay to the Shelter an annual fee of $155,000.00 based upon the term of the Agreement. The fee shall be divided into twelve (12) equal monthly payments due on the first of each month. 3. The COUNTY shall and does hereby assign to the SHELTER those fees collected for the registration of dogs and cats within Brazos County commonly referred to as 'license fees." The SHELTER shall administer the County License program (Registration of Dogs and Cats, Texas Health and Safety Code §826.031). 4. - The County represents to the Shelter that it has in force orders providing for the vaccination and -licensing; of animals under appropriate circumstances, providing for impounding of nuisance animals running at large, and that while this Agreement is in effect, such orders will be continued in force, provided, however, that such orders may be modified from time to time as the County deems appropriate. 5. The County agrees that every animal- delivered to the Shelter in accordance with this Agreement, shall become the sole and exclusive property of the AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggicland Humane Society, Inc. rvd. �— P9• � Z V Shelter upon its delivery to the Shelter (subject to reclamation by the owner), so that neither the County nor any agency nor agent of the County, nor of the State of Texas, nor any institution, corporation nor individual shall have any claim or right to any animal not so claimed and redeemed. The County agrees, that the Shelter shall have the undisputed right, consistent with the orders of the County, to humanely dispose of every animal given into its custody in accordance with the Shelter's principles as follows: a. To place animals in the care, custody and control of new owners: and b. To humanely destroy animals which are not claimed by owners and which are not suitable for placement in the care, custody and control of new owners. 6. The Shelter agrees to accept each and every animal delivered to the Facility located in Brazos County, Texas by the agents of the County and to provide each and every such animal with shelter, food, water and all other humane treatment of the same degree and kind that the Shelter provides for all other animals which may come into its care, custody and control. The County shall not accept a surrender of ownership of an animal by its owner in the field. 7. The Shelter agrees to accept each and every stray animal delivered to the Facility located in Brazos County, Texas by the residents of the unincorporated areas of Brazos County and to provide each and every such animal with shelter, food, water and all other humane treatment of the same degree and kind that the Shelter provides for all other animals which may come in to its care, custody and control. 8. The Shelter agrees that it will make its Facility available to the County during its open hours and during periods of closure for the purpose of delivering animals to the Shelter. 9. The Shelter agrees to provide to the County on or before the last day of each month during the term of this Agreement a statement of the number of dogs, cats and miscellaneous animals received by the Shelter from the County or otherwise retrieved from Brazos County, and the number of dogs and cats issued County tags during the preceding calendar month. 10. The County reserves the right to require an audit of the records of the Shelter at any time deemed necessary for the limited purpose of verifying the number of animals registered or licensed and the number of animals attributable to the County and the length of stay of each such animal. . 11. It is mutually agreed that the Shelter shall provide facilities for rabies observation for at least six (6) dogs and eight (8) cats. Animals delivered to the Shelter by the County for rabies observation shall be isolated for a period of time in accordance with State law. 12. In the event animals are being held by the Shelter as a result of a cruelty, seizure or a legal hold has been placed upon the animals as a result of a criminal prosecution, the County shall reimburse the Shelter for any veterinarian invoices and AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggieland Humane Society, Inc. 2 Vol.i '"' medical bills incurred by the Shelter until the Court either awards the animal to the Shelter, orders it destroyed or orders it returned to its owner. The County shall not be liable for these costs in the event a court of competent jurisdiction orders the animal owner to pay such costs. 13. Shelter shall at all times relevant to the fulfillment of this Agreement have, keep, and maintain insurance covering general liability, worker's compensation if required by State law, and automobile liability. a. Worker's Compensation insurance shall be at statutory limits, including employer's liability coverage at minimum limits of $500,000.00 each accident. Such policy will contain a waiver of subrogation in favor of the County. b. The General Liability insurance shall have a minimum combined single limit for bodily injury, personal injury, and property damage of $1,000,000.00 per occurrence and shall name the County as an additional insured. c. Automobile Liability insurance shall be continuously held with limits for bodily injury and for property damage of not less than $1,000,000.00 on all self- propelled vehicles used in connection with the animal control operation, whether owned, non -owned or hired. d. Copies of certificates evidencing such insurance as herein required shall be sent to the County for its records. e. The Shelter agrees, to the extent allowed by law, to indemnify and hold harmless the County from all claims, damages, or causes of action which might arise from any obligations of Shelter as outlined herein, and Shelter specifically agrees to indemnify the County against all claims, damages or causes of action which might arise as a result of acts, omissions County for respondent superior or vicarious liability, arising out of Shelter's obligations under this Agreement. 14. The Shelter shall at all times in performance of its Agreement be considered as an independent contactor. Such status shall apply to all of the Shelter's officers, agents and employees and in no event shall the Shelter's officers, agents or employees be considered an employee of the County. 15. In the event the County fails to remit to the Shelter the fees due. hereunder, the County shall be in default. The Shelter shall terminate the Agreement for non-payment of fees if the County has not cured the default after thirty (30) day written notice. 16. TAX EXEMPT STATUS: As a. political subdivision of the State of Texas, Brazos County is tax exempt. Tax exemption certification will be furnished upon request. - 17. -GOVERNING LAW AND VENUE: This Agreement shall be governed -by - - the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggieland Humane Society, Inc. 3 ' Vol. Pg• The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 18. DISPUTE RESOLUTION: The dispute resolution process provided in Chapter 2009, Texas Government Code, and the related rules adopted by the Attorney General pursuant Chapter 2009, shall be used by County and Shelter to attempt to resolve any claim for breach of contract made by Shelter that cannot be resolved in the ordinary course of business. Shelter shall submit written notice of a claim of breach of contract under this Chapter to the County Attorney — Civil Division of Brazos County, who shall examine Shelter's claim and any counterclaim and negotiate with Shelter in an effort to resolve the claim. 19. LIMITATIONS: The parties are aware that there are constitutional and statutory limitations on the authority of the County to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to caring legal action; granting control of litigation or settlement to another party; liability or acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any terms and conditions related to the Limitations will not be binding on the County except to the extent authorized by the laws and Constitution of the State of Texas. 20. AUDITS: All records relating to the service provided under this Agreement and supporting documentation for invoices submitted to County by the Shelter shall be retained and made available by the Shelter for audit by County, its duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Shelter and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Shelter shall comply with such changes. County shall inform the Shelter in writing of the retention periods established by State and federal law applicable .to such records and shall provide written notice if changes occur to such retention requirements. If an audit is initiated before .the expiration of such time periods required by state or federal law regarding retention of records, the Shelter shall retain such records until the audit is concluded and all issues resolved. Shelter shall provide County with copies of such audits that are conducted with respect to the Agreement. 21. AUDIT RESPONSIB_ ILTY_ : The Shelter shall be responsible for.receiying, replying to and/or complying with any audit exception -by appropriate federal, state or local audit directly related to the provision of this Agreement. The Shelter shall repay to County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Shelter recognizes and agrees that County may withhold any money due and recover through any appropriate method any money erroneously paid under this Agreement. if evidence exists of less than full compliance with this Agreement. AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggieland Humane Society, Inc. 4 Vol. 2)_X Pg. 22. This Agreement is not assignable by either party. 23. This Agreement shall be for a term of one year commencing on October 1, 2019, and terminating on September 30, 2021. Either party may cancel this Agreement upon thirty (30) days written notice to the non -cancelling party. 24. SEVERABILITY: In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. =, IN WITNESS WHEREOF, the said County and the said Shelter have hereunto caused their representative corporate names and seals to be hereunto subscribed and affixed by their representative officers first thereunto duly authorized -as of the date hereinabove first written. ATTEST: B Z COUNTY, X S �e Karen McQueen, County Clerk Duane Peters, County Judge AGGIELAND HUMANE SOCIETY //_� & C,-.Rl - Kathy Slice, Executive Difor AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggieland Humane Society, Inc. 5 • W r• N" House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on-Terrodst Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, haps://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that theresponding entity and its.principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliancewith the.State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's -terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes, and 2. "Company" -means a- for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. -/ Company Name: %tai aWr4 /'JG1 4 /i- amof G e YU Authorized Company Contract M C� 1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and.6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 12020-660359 Date Filed: 08/24/2020 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Aggieland Humane Society Bryan, TX United States 2 Name of govemmental 'entity or state agency that is a party to the contract for which the form is being filed. Brazos County 3 Provide the identification number'used by the gove}nmental entity of state agency to track or identify the contract; land provide a description of the services, goods, or other property to be provided under the contract. �. 21-030 Animal Sheltering Services 4 Name of Interested Party City, State, Country (place of business) Nature of Interest (check applicable) Controlling intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN_DECLARATION• (k&-hryvt My name is �01�Ti') U i - , and my date of birth is My address is V. ��. % CL 361e C� ✓� (street (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in f - c? S County, State of A4. , on the day of 20;26. (mon j (year) Si nature of a orized agent of contracting business. entity (Declarant) Forms urovided by Texas Ethics Commission www.eth(cs.state.tx.us Version V1.1.3a6aaf7d Vol. l- Pg. FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BIG BROTHERS BIG SISTERS OF BRAZOS VALLEY THIS FUNDING AGREEMENT ("Agreement") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners hereinafter referred to as ("County") and BIG BROTHERS BIG SISTERS OF SOUTH TEXAS SERVING THE BRAZOS VALLEY, hereinafter referred to as ("BBBS") a non-profit organization dedicated to the improvement of Brazos County, and is effective October 1, 2020. RECITALS: WHEREAS, BBBS conducts the oldest, largest and most effective youth mentoring organization in the United States. It has been the leader in one-to-one youth service for more than a century, developing positive relationships that have a direct and lasting impact on the lives of young people; and WHEREAS BBBS serves children, ages 6 through 16, in communities across the country — including Brazos County; and WHEREAS, BBBS seeks to help Brazos County children reach their potential through professionally supported, one-to-one relationships with measurable impact by providing successful mentoring relationships for all children who need and want them, contributing to better schools, brighter futures, and stronger communities for all; and WHEREAS to accomplish the above stated public purposes, BBBS recruits, screens, trains and matches adult mentors with Brazos Valley youth who desire a mentoring relationship; and WHEREAS the County desires to assist BBBS in their efforts to promote the public purpose of providing successful mentoring relationships for all children who need and want them, contributing to better schools, brighter futures, and stronger communities for all; and NOW, THEREFORE, both parties agree to the following terms and conditions: AGREEMENT 1. FUNDING BBBS will be funded by the County in the amount of $30,000.00 ("Funds") for the term of this Agreement. Big Brothers Big Sisters Agreement Page I of S Vol. Pg. 2. TERM OF AGREEMENT This Agreement shall be for a term of twelve (12) months commencing on the 1St day of October, 2020, and terminating on the 30th day of September, 2021. 3. ACCOUNTING AND AUDIT' BBBS will provide, no later than March 31, 2021 and August 31, 2021, a detailed account of how the Funds were expended in comportment with this Agreement. BBBS agrees to furnish any information requested by the County Auditor, including documentation of the use of Funds received from the County. In the event it is determined by Brazos County Commissioners Court that the Funds provided herein by the County to BBBS have not been expended in comportment with this Agreement, this Agreement shall automatically terminate and BBBS may be required to return to the County such Funds that were not properly expended. BBBS agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BBBS agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. BBBS agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BBBS agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to BBBS under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of BBBS. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to' the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in BBBS annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by BBBS. 4. RECORD RETENTION BBBS shall be responsible for record keeping on all services provided and agrees to maintain and make available for inspection by the County upon request consistent with federal and state law, any and all records the County determines, in its sole discretion, to Big Brothers Big Sisters Agreement Page 2 ofS o be necessary for the Court to justify its continued participation in supporting BBBS with funding. 5. INDEMNITY The parties agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or' negligence on the part of each party hereto. 6. INSURANCE The parties hereto agree that BBBS shall, be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. 7. COUNTY INVOLVEMENT The County and BBBS state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. 8. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively �in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 9. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail to the other party at the following addresses: Big Brothers Big Sisters Agreement Page 3 ofS Pg. Vol. 1 � Big Brothers Big Sisters Terry Dougherty 315 Tauber St. College Station, TX 77840 10. IMMUNITY Brazos County c/o Commissioners Court 200 So. Texas Ave. No. 310 Bryan, Texas 77803 As a result of its execution of this Agreement and performance of the functions and obligations described herein, Brazos County does not waive or relinquish any immunity or defense on behalf of itself, its commissioners, officers, employees, or authorized representatives. 11. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. 12. SEVERABILITY In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. 13. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement; which are not fully expressed herein. 14. ASSIGNABILITY This Agreement is not assignable by the BBBS without the prior written consent of the County. Big Brothers Big Sisters Agreement Page 4 of S WITNESS OUR HANDS this 1 � day of , 2020. BIG BROTHERS BIG SISTERS OF SOUTH TEXAS Terry Doi4herty, AuthodzegRepresentative BRAZOS COUNTY, TEXAS Duane eters, County Judge Big Brothers Big Sisters Agreement Vol. ,.. P9• ATTEST: aren McQueen, Br os County Clerk Page S ofS House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.90v), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: Does not boycott Israel currently; and Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: /3 l /3,-a lA ers lFig Si s fess - Rref W -S Authorized Company Address: 3 1 St Signature: Contract #: e2l - 097 FXV0L P g._�1D CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are Interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no Interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2020-660350 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Big Brothers Big Sisters of South Texas- Brazos College Station, TX United States Date Filed: 0812412020 Date Acknowledged: 2 Name of governmental entity or state agency that We party to the contract for which the form is being filed. Brazos County g Provide the identification number used by the governmental entity or state agency to track or identify description of the services, goods, or other property to be provided under the contract. the contract, and provide a 21-027 Youth Mentoring Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only If there Is NO Interested Party. X 6 UNSWORN DECLARATION j� / p / My name is rerr!J �i�lJ (��1 /7 I' � and my date of birth is , r I % 15 7 My address is 3g10 Q-,- entl'Ce, Cock—, 611e-,qe- J i ttl0 I -rK %dS , 23gw,' (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed inCounty, State of on the day of (month) (year) LOW ltE. Signat, de of authorized agent of (Declarant) ntracting business entity Cnrrne nminworl by Tnvne r-t#hir-c r^nmmiccinn vmmm athirc-gtatp.1Y_Iin Version V1.1.3a6aaf7d Vol� Pe.aH FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY HISTORICAL COMMISSION This is an Agreement for Funding ("Agreement') by and between Brazos County hereinafter referred to as ("County") and the BRAZOS COUNTY HISTORICAL COMMISSION, hereinafter referred to as ("BCHC") a commission dedicated to the improvement of Brazos County. RECITALS WHEREAS, County historical commissions are a vital link in Texas' preservation network. Few other states have a built-in mechanism that makes possible a preservation organization in every county; WHEREAS, the BCHC has the statutory responsibility to initiate and conduct programs suggested by the Brazos County Commissioners' Court and the Texas Historical Commission WHEREAS, BCHC has, worked co-operatively with the Brazos County Commissioners' Court, THC, local governments, local non-profit organizations and individual citizens to preserve Brazos County's heritage for the use, education, enjoyment and economic benefit of present and future generations in Brazos County. NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual promises recited herein, the parties agree as follows: AGREEMENT 1. BCHC Responsibilities BCHC, shall provide services to the County as follows: A. Actively promote the interest in and appreciation of the rich history of Brazos County by encouraging individuals, organizations, businesses, and others to submit applications for historical markers for buildings, organizations, activities, individuals, sites of historical events, and other entities and events throughout Brazos County. B. Support other groups and events that have the same goal. 2. County Responsibilities A. BCHC shall be funded by the County in the amount of $6,000.00 for the term of this Agreement. This Agreement shall be for a term of twelve (12) months commencing on the 1 st day of October, 2020, and terminating on the 30th day of September, 2021. Brazos County Historical Commission Agreement Page 1 of 3 B. BCHC agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BCHC agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. BCHC agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BCHC agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the BCHC under prior Agreements. C. Brazos County Commissioners Court may, in its sole discretion, require that an independent, financial audit be performed on the records of BCHC. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the BCHC annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the BCHC. D. Annual financial statements (audited if available) are due to County within six (6) months of completion. 3. General Provisions: A. All notices required or permitted hereunder shall be in writing and addressed to the respective officer of the other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: COUNTY Brazos County c/o Commissioners Court 200 South Texas Avenue, Ste., 310 Bryan, Texas 77803 BCHC Henry Mayo Chairman P.O. Box 9169 College Station, Texas 77842-9169 B. Either of the parties shall have the right to terminate this Agreement in whole or in part at any time. Notice to terminate this Agreement will be given in writing at least thirty (30) days prior to the date of termination. The notice shall include the reason for such a termination, the effective date of the termination and, in the case of partial termination, the potion of the Agreement to be terminated. C. In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. Brazos County Historical Commission Agreement E . Pg. =`J v Page 2 of 3 D. This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. SIGNED this day of .2020. j. BRAZOS COUNTY HISTORICAL COMMISSION By: P � Henry Mayo, Chairman BRAZOS COUNTY ATTEST: By: — !d Duane Peters, County Judge Karen McQueen, Coun y Clerk Brazos Countv Historical Commission Agreement Page 3 of pg. Vol. .�J� House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. - The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israel i-controlied territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any.limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: Brazos County Historical Commission Authorized Company Representative: Henry P Mayo, Chairman Address: P.O. Box 9169 College Station, TX 77842-9169 Signature: Date: Sept. 2, 2020 Contract #: 21-041 voi. 3,r).A---.—P9--,21,'T-- I INDIGENT HEALTH CARE AGREEMENT This Indigent Health Care Agreement ("Agreement") is entered into by and between BRAZOS COUNTY acting by and through its duly elected COURT OF COMMISSIONERS (hereinafter "County") and the BRAZOS VALLEY COUNCIL OF GOVERNMENTS (hereinafter "BVCOG"). The purpose of the Agreement is to provide for the administration of the heath care program for eligible Brazos County residents pursuant to the Indigent Health Care and Treatment Act, Texas Health &Safety Code, Chapter 61 (the "Act"). The parties mutually agree as follows: In compliance with the Indigent Health Care and Treatment Act ("Act"), County agrees to provide basic health care assistance to eligible County residents by reimbursing providers of services to households who meet the requirements of the Act, the Texas Department of State Health Services regulations and the Texas Administrative Code Title 25, Chapter 14. County enters into this agreement with the BVCOG to share the costs of the regional administration of the Indigent Health Care Program. RATES FOR REIMBURSEMENT The County agrees to pay the County's share of the cost of the administration of the County Indigent Health Care (CIHC) Program for eligible Brazos County residents. County agrees to pay BVCOG 96 700.00 ("Funds") for the 2021 fiscal year, October 1, 2020 through September 30, 2021, in quarterly installments. RESPONSIBILITIES OF BVCOG For and in consideration of the funding provided by the County, the BVCOG agrees to administer the Brazos County Indigent Health Care Program in compliance with the Act and pursuant to the regulations of the Texas Department of State Health Services and the Texas. Administrative Code, Title 25, Chapter 14, by providing: 1. Written minimum eligibility standards and application, documentation, and verification procedures to determine eligibility for indigent health care under the Act. 2. An annual review no later than the_ beginning of a state fiscal year of the County eligibility standards and a reasonable notice of the standards to the public. 3. An application procedure including forms and notification of the procedure to the public. CIHCAgreement 2 BR,4ZOS County — BVCOG 4. Intake services in Brazos County at least once a month. 5. Assistance to applicants in the accurate completion of, the application process including all needed verifications, documentation, and supplemental information. 6. Screening, assessment, and determination of each applicant's eligibility for indigent health care. 7. An explanation to the applicant, if approved, of the obligation to report any change in income or resources that might affect the applicant's eligibility and the possible penalties under the law for failure to report such a change. 8. A decision regarding acceptance or denial of the application not later 14th than the day after the date on which the BVCOG receives a complete application, and a written notification of the decision to the applicant, including the reason for any denial, the process for resubmitting an application at any time circumstances justify a redetermination of eligibility, and an explanation of the appeals procedure. 9. An administrative hearing procedure with appropriate due process considerations, notification forms, and an appeals process for individuals or households whose application has been denied. 10. Retention of all records relating to an application at least until the end of the third complete state fiscal year following the date on which the application is submitted. 11. A response to all inquiries regarding the program pursuant -to the Texas Public Information Act, Texas Government Code Chapter 552. 12. An annual written review of the program's management and operation. 13. A review of the eligibility of each household at least once every six (6) months. 14. A list of eligible Brazos County residents distributed to each provider once every six (6) months. 15. A review of all bills submitted to BVCOG by the medical provider(s) to verify accuracy and the eligibility of the patient. 16. Remittance to the County of bills that have been reviewed and approved for payment to the medical provider. A101..pg. a �7 CIHC Agreement BRAZOS County — B FCOG RESPONSIBILITIES OF THE COUNTY For and in consideration of the services provided by BVCOG, the County will provide: 1. Payment in accordance with the payment standards of the Act for services determined by BVCOG to be an accurate rendering of services to an eligible patient. 2. Payment of BVCOG'S cost to administer Brazos County's portion of the indigent health care program on a quarterly basis. 3. An audit of the program. 4. Responsibility for payment of services in accordance with the Indigent Health Care and Treatment Acta 5. Payment for County's pro rata share of outside audit services, if necessary. TERM This Agreement is for one (1) year, from October 1, 2020 until September 30, 2021. CANCELLATION This Agreement may be cancelled by either of the parties hereto upon sixty (60) days written notice. AUDIT BVCOG agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BVCOG agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. BVCOG agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BVCOG agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the BVCOG under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the COUNTY. Annual financial statements (audited if available) are available to the -Brazos County upon request within six (6) months of completion. vol. 3��- age air CIHCAgreement BRAZOS County — BVCOG ALTERNATIVE DISPUTE RESOLUTION 4 The parties agree that, in the event that suit is filed by either of them based on or pertaining to this Agreement, they shall submit this dispute to mediation as described in Section 154.023 of the Texas Civil Practices and Remedies Code. The parties further agree that the results of the mediation will not be binding on the parties. The parties shall have the right to undertake proceedings in a court of proper jurisdiction. INDEMNITY Any monetary loss suffered by the County from ineligible clients, mistake, fraud or other conditions can be recovered from the BVCOG only to the extent of available insurance. AMENDMENT This Agreement shall be automatically amended by the amendments made to the Act by the State Legislature. In all other respects, this Agreement may be modified, amended, altered or extended only by a written amendment signed by the parties. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents, which may be necessary to carry out the provisions of this Agreement. FORCE MAJEURE Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and software providers, phone and Internet service providers, carriers, or other parties to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon and an expected date when obligations under this Agreement will be resumed. CWC Agreement BRAZOS County — BVCOG SEVERABILITY In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties. There are no representations, agreements, arrangements or understandings, oral or written, between or among the parties.. hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. A FISCAL FUNDING Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item or obligation contained herein for the term of the Agreement and any extension thereto. BVCOG, or any other person or entity directly or Indirectly employed by the BVCOG or any other person or entity to whom the BVCOG may be liable to, shall have no right of action against the County in the event the county is unable to fulfill Its obligations, under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Agreement by written notice to the BVCOG at the earliest possible time under the circumstances. EFFECTIVE the 1601 day of, 2020 "-44 CO NTY By: Dae Judge Duane Peters Jr- BRAZOS VALLEY COUNCIL OF GOVERNMENTS ir y: ate Tom Will , Jr Exec Dir House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www,sam.gov), which is Inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent Is In compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described In Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. Boycott Israel means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2.Company means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name:vl r ► i cif + A-# L M-) Authorized Company Representative:QYYi WI 1 f 1 -►50n 'Tr' Address: P n Drab.)er 1412 8 bcwcA4 Tt°bt a -) . -7 -7 8 an- q I Z9 Contract #: rZJ - O""1 1 Vol. cow Pg. FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS VALLEY ECONOMIC DEVELOPMENT CORPORATION THIS FUNDING AGREEMENT ("Agreement") is effective October 1, 2020 by and between BRAZOS COUNTY, TEXAS, a body corporate and politic under the laws of the State of Texas, (hereinafter referred to as "County"), and the BRAZOS VALLEY ECONOMIC DEVELOPMENT CORPORATION, a Texas non-profit corporation (hereinafter referred to as "BVEDC"). RECITALS: WHEREAS, the Commissioners Court of Brazos County desires to stimulate business and commercial activity in the County; and WHEREAS the County wishes to contract with BVEDC as its agent pursuant to TEX. LOC. GOV'T CODE ANN. §381.004 to administer the County's program for local economic development (herein the Brazos County Economic Development Program); and WHEREAS, the County desires to diversify its economy, increase and broaden its tax base, provide more and better employment opportunities for its citizens and promote the general public welfare; and WHEREAS, it is important to the County to attract and expand business, commercial and industrial enterprise in order to accomplish this purpose; and WHEREAS, BVEDC is an agency with specific expertise in the field of economic development and administering governmental economic development guidelines; and WHEREAS, the County has determined that this Agreement is for the personal or professional services and therefore exempt from competitive bidding under Chapter 262, Local Government Code. THEREFORE, in consideration of the mutual understandings and agreements set forth, the County and BVEDC agree as follows: AGREEMENT:. ARTICLE 1 Qualifications of the BVEDC 1.1 The BVEDC represents that: 2021 BVEDC. doe Agreement Vol. Pg. 2a"R Page 1 of 9 (a) The BVEDC is a non-profit entity that is authorized and experienced in the administration and furtherance of economic development programs in all or a portion of the County; (b) The BVEDC has expertise and skills to attract new businesses to the County, to encourage the expansion of existing businesses in the County, or to retain existing businesses in the County, pursuant to the County's economic development guidelines and Chapters 311, 312 and Sections 381.003 and 381.004 of the Texas Local Government Code; (c) The BVEDC shall cooperate with and use the services of the Texas Department of Economic Development. ARTICLE 2 Definitions 2.1 "Economic Development Guidelines" means the County's financial criteria on file used to determine qualification for receiving Incentive Funds. 2.2 "Project Performance Standards" means individual performance terms and requirements established by agreement between the County and any employer/business to receive Incentive Funds. 2.3 "Program Projects" means uses of the Incentive Funds, or a portion thereof, as approved by the County, to provide incentives or assistance to businesses/employers which results in the public purpose of economic development, diversification, expansion, and employment being served, pursuant to the County's Economic Development Guidelines. 2.4 "Program Standards" means standards that an employer/business must meet in order to qualify for Incentive Funds. ARTICLE 3 Term 3.1 The term of this Agreement is for one (1) year, being effective as of October 1, 2020, and ending on September 30, 2021, (the "Present Term"), unless earlier terminated as provided herein. 3.2 Either party may terminate this Agreement on sixty (60) days prior written notice to the others. 3.3 Upon receipt of any termination, the County agrees to continue funding a program project that had been previously approved by the County. 2021 BVEDC.doc Agreement ` Page2of9 Vol. \ Pg. ARTICLE 4 Administration Services 4.1 BVEDC agrees to provide all administrative services necessary to administer the County's Economic Development Program and program standards set forth herein. 4.2 Pursuant to .the authority granted in Chapter 381 of the Texas Local Government Code, the administrative services to be provided include, but are not limited to: (a) corresponding with and negotiating with potential or existing business/employers for Program Projects that will develop, diversify and/or expand the Brazos County economy, develop or expand transportation or commerce in the State, and/or serve the purpose of eliminating unemployment in Brazos County. (b) establishing Project Performance Standards for each Program Project that are consistent with the Program Standards set out in the County's Economic Development Program and herein; (c) obtaining contracts between the County and businesses/employers for Program Projects whereby the business/employer agrees to meet the County's Project Performance Standards, and which provide assurances that the County's Project Performance Standards will be met; and (d) compliance with all requirements of this Agreement. 4.3 The BVEDC shall receive the sum of Three Hundred Fifty Thousand and No/100 Dollars ($350,000.00) as compensation for the administrative services to be provided hereunder (herein the Administration Funds"). County shall pay such sum on a monthly basis by paying the BVEDC one -twelfth (1/12) of the total sum referenced above. ARTICLE 5 Incentive Funding 5.1 County has appropriated One Hundred Nineteen Thousand and No/100 Dollars ($119.000:00) ("Incentive Funds") :for the purpose of funding Economic Development Grants entered into by the County under its Economic Development Program. The Incentive Funds shall be divided and designated as follows: $119,000 of the Incentive Funds shall be appropriated as new cash incentives, which may be used to promote future local economic development and stimulate commercial activity in the County. 2021 BVEDC doc Agreement Page 3 of Vol, 1Pg-024, Incentive Funds have been budgeted for the current fiscal year and are payable out of current revenues. 5.2 Payments of Incentive Funds shall be made as approved and directed by the County to the qualifying business/employer under approved Program Projects. 5.3 The County Incentive Funds provided for in this Agreement shall be used only in accordance with the Brazos County Economic Development Guidelines and program standards. ARTICLE 6 Use of Incentive Funding 6.1 The County's Program administered by the BVEDC hereunder consists of the use of the County's Incentive Funds to develop and diversify the Brazos County economy, to eliminate unemployment or under -employment, and to expand the local economy, pursuant to Standards and Guidelines set forth in the Brazos County Economic Development Guidelines. 6.2 Program Standards. The BVEDC shall not recommend to the County that an applicant business/employer receive Incentive Funds unless the applicant business/employer meets or exceeds the following standards: (a) is authorized to do business in the State of Texas; (b) is current and, in good standing on all state, local and federal taxes, assessments and/or fees; (c) is not in bankruptcy; (d) is an Equal Employment Opportunity Employer with policies in place and practiced which prohibit discrimination in employment based on race, sex, age, national origin, creed, religion, or disability (unless based on bona fide occupational reason or a reason exempted or approved by the Americans With Disabilities Act and the regulations promulgated thereunder); (e) agrees by written contact directly with the County to meet performance criteria established by the County in _accordance with the County's Program Standards (hereinafter "Project Performance Standards") as to the establishment, expansion, or improvement of business operations in Brazos County, Texas and/or the employment of residents of the County. (f) complies with the current County Economic Development Guidelines for financial assistance, including the grant to the County of the right to review and verify the applicant business/employer's financial statements prior to 2021 BVEDC doc Agreement Vol. _2)A-km� P9• �� Page 4 of 9 the grant of any incentive and to review the financial condition of the project during the term of any incentive, including the right to send representatives from the County Appraisal District to inspect any facilities of the applicant business/employer to verify the accuracy of information provided for the economic incentive. Provisions to this effect shall be incorporated in every agreement between the applicant business/employer and the County; (g) if the proposed program project does not meet the specific job retention/creation requirements set forth in (f) above, other positive effects on the local economy of the proposed program project may be taken into consideration and approved by the County, as recommended by BVEDC, in determining whether to pursue funding of a program project. These include: (i) the impact of the Program Project on economically disadvantaged individuals. An economically disadvantaged individual is an individual who: (1) was unemployed for at least three (3) months before obtaining employment with the qualified business; (2) receives public assistance benefits, including welfare payments or food stamps, based on need and intended to alleviate poverty; (3) is an economically disadvantaged individual, as defined by Section 4(8), Job Training Partnership Act (29 U.S.C. Section 1503(8)); (4) is an individual with handicaps, as defined by 29 U.S.C. Section 706(8); (5) is an inmate, as defined by Section 498.001 of the Government Code; (6) is entering the workplace after being confined in a facility operated by the institutional division of the Texas Department of Criminal Justice or under contract with the Texas -Department of Criminal Justice; (7) has been released by the Texas Youth Commission and is on parole, if state law provides for such a person to be on parole; or 2021 BVEDC.doc Agreement "' Page 5 of 9 Vol.aa� Pg. =. (8) meets the current low income or moderate income limits developed under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 14376, et seq.). (ii) the need for the product/service provided by the business/employer in the local area; (iii) the estimated multiplier effect on the local economy of the Program Project either due to the level of wages paid or the injection of outside funds into the local economy (i.e., tourism, capital expenditures, purchasing or materials from local businesses, etc.); and (iv) the creation of part-time positions, and/or (v) capital expenditures which have a material and direct positive impact upon the local economy by providing the following benefits: 1. increases in the local tax base; 2. creation of ancillary jobs and/or jobs for economically disadvantaged individuals; 3. attraction of other businesses; 4. creation of new sales tax revenues; 5. commercial development of new and existing areas; 6. defining, enhancing and/or redefining job skill level of locally available work force. If such considerations indicate that the benefit to the local economy meets or exceeds that which would be gained by the business/employer employing and/or retaining the number of employees required for the level of funding under subsection (e) above, the BVEDC may consider such business as qualifying and therefore recommend such business/employer to the County upon the approval of the Board of Directors by a 75% or more favorable vote (9 of 12). (h) All contracts for Program Projects must be in a form approved by the County and County's legal counsel. The contract must include, but is not limited to, provisions: (i) containing the Program Project Performance Standards applicable to the business/employer, and the business/employer's agreement to comply therewith= in a set time -frame; (ii) requiring periodic documentation of - the business/employer's compliance with the Project Performance Standards, and giving the" BVEDC and the County the right to inspect its operations and books to confirm the business/employer's compliance with the Program Project Performance Standards; 2021 BVEDC.doc Agreement vol. Pg Page 6 of 9 2-� . (iii) requiring the repayment directly to the County within sixty (60) days of demand of the funds appropriated to the Program Project by the County if the applicant business/employer fails to meet the County's Project Performance Standards or otherwise is in material breach of its Agreement with the County, and giving the County the right to sue the applicant business/employer to enforce the contact between the County and the business/employer, and to recover all attorney's fees and costs incurred in doing so; (iv) requiring the business/employer to make draw requests for the funding from the County, which requests must show in detail how the money and/or property will be applied/used, or for what the reimbursement is sought, and which contain such documentation as is required by the County; and (vi) requiring compliance with all applicable laws regarding the provision of equal employment opportunities. ARTICLE 7 Accounting 7.1 BVEDC agrees that Brazos County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BVEDC agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. BVEDC agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BVEDC agrees that Brazos County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to BVEDC under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of BVEDC. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the BVEDC annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the BVEDC. Annual financial statements (audited if available) are due to Brazos County within six (6) months of completion. 2021 BVEDC doc Agreement Page 7 of 9 Vol. � Pg, ARTICLE 8 Miscellaneous Terms 8.1 Notice. Notices or correspondence under this Agreement to either party from the other may be personally delivered or sent by First Class Mail, or other reliable courier. Notice to the County shall be sent to: Duane Peters, County Judge Brazos County Administration Bldg. 200 So. Texas Ave., Suite 332 Bryan, Texas 77803 Notice to the BVEDC shall be sent to: Brazos Valley Economic Development Corp. 1716 Briarcrest Dr. Suite 714 Bryan, Texas 77802 8.2 Severability. In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. 8.3 Amendment. During the term of this Agreement, if certain areas need further clarification or revision, the parties will work in good faith to arrive at written memorandums or understandings regarding those areas. Any amendment of this Agreement must be in writing, and executed by a duly authorized representative of each party. 8.4 Assignment. This Agreement cannot be assigned or performed by subcontractors except with the written consent of both parties. 8.5 Not Joint Venture: Independent Contractor. The parties agree that this is not a joint venture, partnership or employee -employer relationship and that neither party shall have the authority to bind or incur liability to the other without the other's prior written permission. Furthermore, the BVEDC shall be considered an independent contractor agent for the sole and limited purpose only of administering the County's economic development guidelines and program project standards pursuant to the grants of authority given the County under Chapter 311, 312 and 381 of the Texas Local Government Code. 8.6 Applicability of Texas Law. The laws of the State of Texas shall -govern this Agreement, except where clearly superseded by federal law. 2021 BVEDC.doc Agreement Page 8 of 9 Vol. �..��..1�� . 1'g• 8.7 Venue. The place of performance of this Agreement is Brazos County, Texas, and all consideration payable hereunder and things to be done pursuant hereto shall be deemed to be payable and performable in Brazos County, Texas. Venue of any dispute arising out of this Agreement or performance hereunder shall be fixed for all purposes in Brazos County, Texas. 8.8 Entire Agreement and Binding Authority. This Agreement supersedes and constitutes a merger of all prior oral and/or written agreements and understandings of the parties on the subject matter of this Agreement and is binding on the parties and their successors, agents and assigns. 8.9 Waiver. No waiver by either party of any provision of this Agreement shall be effective unless in writing, and such waiver shall not be construed as or implied to be a subsequent waiver of that provision or any other provision. The signatories hereto have the authority and have been given any approvals necessary to bind by this Agreement the respective parties for which they sign. BRAZOS COUNTY, TEXAS Brazos Valley Economic Development Corp., a Texas non-profit corporation By: By: 04vtI.-eL Duane Peters, County Judge Chairman of the B and Attest: By: Cd Karen McQueen, County Clerk 2021BVEDCAgreemenl Vol. Pg. ab Page 9 oj9 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1or1 Complete Nos. i - 4 and 6 if there are Interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 I there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2020-660948 Brazos Valley Economic Development Corporation Bryan, TX United States Date Filed: 0812512020 2 Name of governmental entity or state agency that is a party to the contract for which the form Is being filed. Brazos County Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 21-033 Brazos County is a funding partner to the BVEDC to cultivate regional economic development in order to help businesses launch, row and locate in the Brazos Valley, 4 Name of Interested Party City, State, Country (place of business) Nature of Interest (check applicable) Controlling Intermediary Prochaska, Matt Bryan. TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is "A- r it-.G(4A $k/g, and my date of birth is 3 �� ly L) My address is fLlA %fLES'1' DJ2_ 5 ?i,+3 fjjZ!1AAe 7i SD'L (elreet) (city) (elate) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in IZA ZV S County, State of on the 2 day of A MkN S S, 20 2D (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethfcs.state_tx.us Version V1.1.3aRaaf7d Vol. 3 pg.� House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/2412001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business In Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: _Brazos Valley Economic Development Corporation Authorized Company Representative:Mike Gentry, Board Chair Address:_1716 Briarcrest Drive, Suite 714, Bryan TX 77802 Date: 8.25.2020 Contract #:_21-033 Vol. 3al Pg. a3a FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS VALLEY FOOD BANK, INC This Funding Agreement ("Agreement'), effective October 1, 2020, by and between Brazos County, hereinafter called the "County", and the Brazos Valley Food Bank, Inc., hereinafter called the "Food Bank". RECITALS WHEREAS, the Food Bank acquires food for distribution through other nonprofit agencies to moderate and low income persons who are food insecure and at risk of hunger and malnutrition; and WHEREAS, the purpose of the County is to ensure that all children, individuals, families and seniors, especially those who are moderate to low-income, are food secure, meaning that people have access at all times to enough food for an active, healthy and productive life. NOW THEREFORE, both the County and the Food Bank enter into this Agreement to maximize the effectiveness of their common goal and show good stewardship of citizen's dollars and donations and, in consideration of promises, covenants, terms and conditions herein. contained, the parties mutually agree to the following: AGREEMENT TERM OF AGREEMENT: The term of this Agreement shall be for a period of approximately one (1) year beginning on October 1, 2020 and terminating on September 30, 2021. FUNDING: The County will provide funding of $8,600.00 to the Food Bank to the benefit of the moderate and low income citizens of the community. INFORMATION FUNISHED BY FOOD BANK: Food Bank agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Food Bank agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Food Bank agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Food Bank agrees that County, or its designated representative, shall further have the right to review and to copy any Brazos Valley Food Bank Inc. Ag vemmt Page 1 of 3 Vol. l R9• records and supporting documentation for prior years in which County provided funds to the Food Bank under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the Food Bank. . If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Food Bank annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Food Bank. Annual financial "statements (audited if available) are due to County within six (6) months of completion. ELIGIBILITY GUIDELINES: Food Bank will ensure that food products received from or through other agencies in furtherance of this agreement will be made available to those eligible persons as defined by the most recent eligibility guidelines established by the State of Texas and its responsible agencies. Food Bank will verify recipient income eligibility by either requiring proof of income or by self -certification that recipient(s) meets income guidelines. RECORDS: Food Bank agrees to complete intake and assessment on eligible households and maintain all records for a period of three (3) years. FITNESS FOR HUMAN CONSUMPTION: Food Bank accepts full responsibility for the purity and fitness for human consumption of any and all items distributed in its name or through other entities or agencies with which it may contract. LIABILITY DISCLAIMER AND RELEASE AGREEMENT: Food Bank releases County and holds it free and harmless against all and any liabilities, damages, losses, claims, causes of action and lawsuits or equity obligations whatsoever arising out of or attributed to any distribution and use of foods. ASSIGNMENT: Food Bank may not assign or subcontract any of its rights, duties and/or obligations arising out of this Agreement without the prior written consent of County. FISCAL FUNDING CLAUSE: The obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement and any extensions thereto. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, Brazos Valley Food Banly Inc. Agreement Page 2 of 3 Vol. Pg. ,�� terminate this Agreement by written notice to the Food Bank at the earliest possible time under the circumstances. DEFAULT: Any violation or breach of the provisions herein may result In termination of this Agreement. GOVERNING LAW AND VENUE: This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. SEVERABLITIY: In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. SIGNED this 15k- day of ` ' �vt , 2020. BRAZOS COUNTY BRAZOS VALLEY FOOD BANK, INC. Duane Peters, County Judge Date ATTEST: C L Karen McQueen, County Clerk Brazos Malley Food Bank Inc. Agreement Q► /Z l2. Date Vol. o ( pg. Page 3 of 3 House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided In the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing – Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to It via cross-referencing respondents/vendors with the Federal General Services'Adminlstration's Excluded Parties List System (EPLS, https:/Iwww.sam.gpv), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent Is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https:/lwww.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Tide 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israel] -controlled territory, but does not include an action made or ordinary business purposes; and 2. °Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those. entities or business associations that exist to make a profit. Company Name: e,y..ly Vl f, . Authorized Company Representative: r `JA We S ^ (i'- L vN �Y+ �r�'" Address: h f t n R -VO uv- 8L W% GC. A%r RN1y G Contract M P�_ t — 0 3 2- CERTIFICATE OF INTERESTED PARTIES FoRM 1295 l of 1 Complete Nos. i - 4 and 6 If there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no Interested parties. CERTIFICATION OF FILING Certificate Number: 2020.662326 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Brazos Valley Food Bank Inc Bryan, TX United States Date Filed: 2 Name of governmental entity or state agency that Is a parry to the contract forwhich the form is being filed. 0812812020 Brazos County Date Acknowledged: a Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provlde a description of the services, goods, or other property to be provided under the contract. 21-032 Providing easy to prepare, shelf -stable food In the summer to Brazos County children and youth at risk of hunger, through accredited partner agencies like clubs, recreation centers, summer camps) 4 Name of Interested Party City, State, Country (place of business) Nature of Interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 0 6 UNSWORN DECLARATIO My Hama is I t t; � otit 't !g o r °" 3 l 3 j 7 and my date of birth Is 3 3 c+ o T� rI 1 A, V 44- d G -r 5�,, ts„ 'ig 4 or 5 u -5A My address is _� (scree) (c ty) (state) (zip code) (count(y) I declare under penalty of perjurythat the foregoing is true and correct. Executed in 'V Y- 0 2. o .3 County, State of �+Lx ° � , on the.2 # day of A `� .� , 20 l' (mon) (year) Cature=adocontracting business entity (oederanq Forms provided by Texas Ethics Commissi r.athics.state.t ,us Version VIA.Maafld Vol._ pg. �'Z THE STATE OF TEXAS § COUNTY OF BRAZOS § AGREEMENT BETWEEN BRAZOS COUNTY, TEXAS AND THE BRYAN/COLLEGE STATION CHAMBER OF COMMERCE, INC. THIS AGREEMENT ("Agreement") is made and entered into the 1,6[*"day of 2020, by and between BRAZOS COUNTY, TEXAS, a body c rpbrate and politic under the laws of the State of Texas, (hereinafter referred to as "County"), and the BRYAN/COLLEGE STATION CHAMBER OF COMMERCE, INC., a Texas non-profit corporation (hereinafter referred to as "Chamber"). RECITALS: WHEREAS, the Commissioners Court of Brazos County desires to stimulate, encourage, and develop business location and commercial activity within the County; and, WHEREAS the County wishes to contract with Chamber as its agent pursuant to TEx. Loc. GOVT CODE ANN. §381.004 to stimulate, encourage, and develop business location and commercial activity in Brazos County; and, WHEREAS, the County desires to diversify its economy, increase and broaden its tax base, provide more and better employment opportunities for its citizens and promote the general public welfare; and, WHEREAS, it is important to the County to attract and expand retail business, in order to accomplish this purpose; and, WHEREAS, Chamber is an agency with specific expertise in the field of economic development and the attraction and expansion of retail business; and, WHEREAS, the County has determined that this Agreement is for the personal or professional services and therefore exempt from competitive bidding under Chapter 262, Local Government Code. THEREFORE, in consideration of the mutual understandings and agreements set forth, the County and Chamber agree as follows: B/CSChamberAgreement Page 1 Vol. Pg. ARTICLE 1 Qualifications of the Chamber 1.1 The Chamber represents that it is a non-profit entity that is authorized and experienced in the administration and furtherance of programs that stimulate, encourage, and develop business location and commercial activity in Brazos County. ARTICLE 2 Term 2.1 The term of this Agreement is for one (1) year, being effective as of October 1, 2020, and ending on September 30, 2021, (the "Present Term"), unless earlier terminated as provided herein. 2.2 Either party may terminate this Agreement on thirty (30) days prior written notice to the others. 2.3 Upon receipt of any termination, the County agrees to continue funding a program project that had been previously approved by the County. ARTICLE 3 Administration Services 3.1 Chamber agrees to provide all administrative services necessary to administer the program standards set forth herein. 3.2 Pursuant to the authority granted in Chapter 381 of the Texas Local Government Code, administrative services are to be provided by Chamber and include but are not limited to: a. Developing program projects by corresponding with and negotiating with existing Business/Employers that will develop, diversify and/or expand the Brazos County economy, develop or expand transportation or commerce in the State, and/or serve the purpose of eliminating unemployment in Brazos County. One specific project shall include the design and performance of a Brazos County specific survey using criteria submitted by County; b. Establishing project performance standards for each program project that are consistent with the County's goals for economic development; - C. Creating an exclusive title sponsorship of the annual Chamber Day event normally held in the Spring each year. The event would be promoted as Bryan/College Station Chamber Day, sponsored by Brazos County. . Brazos County will provide an unlimited number of participants on the day of the event. Pre -publicity of the event in the media shall recognize Brazos County as the B/CSChamherAgreement Page 2 E _2ak Pg. sponsor of the event. A representative of Brazos County shall be provided an opportunity to make remarks at the event kick-off in the morning and at noon. If desired, Brazos County shall provide members on the event committee. d. Perform a survey of business owners and managers to determine the state of the Brazos County economy. Survey results shall be presented to Brazos County during a scheduled Commissioners Court meeting. e. Brazos County shall appoint a member of the Commissioners Court to attend and participate in briefings and presentations of various topics effecting the state of the Brazos County economy. f. Brazos County shall be invited to send one representative, at no charge, on the Chamber's annual legislative trip to Washington, D.C. to promote the issues impacting our community including economic development issues. g. Brazos County shall be invited to send one representative, at no charge, to the Chamber's bi-annual legislative trip to Austin, Texas to promote the issues impacting our community including economic development issues. h. Provide the County a booth, at annual Job Fair. Provide the Brazos County Commissioners Court with a table at the annual Economic Outlook Conference. 3.3 The Chamber shall receive the sum of Ten Thousand and No/100 Dollars ($10,000.00) as compensation for the administrative services to be provided hereunder (herein the "Administration Funds"). Five Thousand Dollars ($5,000.00) shall be payable to Chamber upon the execution of this Agreement and the remaining Five Thousand Dollars ($5,000.00) shall be payable on or before September 30, 2021. 3.4 The County shall reserve Assembly Room 2 at the Brazos Center for the Chamber at no cost on the last Thursday of each March from 8:00 am to 4:00 pm starting in year 2022. 3.5 The County shall make Brazos County facilities available to the Chamber, at published price, for Chamber sponsored events. ARTICLE 4 Accounting 4:1 The Chamber- shall provide, no later than February 1, 2021, an audited financial accounting or an internal audit financial report of the Chamber. B/CSChamberAgreement / j�, Page 3 L,, vol. P. -Cwo ARTICLE 5 Miscellaneous Terms 5.1 Notice. Notices or correspondence under this Agreement to either party from the other may be personally delivered or sent by First Class Mail, or other reliable courier. Notice to the County shall be sent to: Duane Peters, County Judge Brazos County Courthouse 200 So. Texas Ave., Suite 332 Bryan, Texas 77803 Notice to the Chamber shall be sent to: Glen Brewer, President and CEO Bryan/College Station Chamber of Commerce 4001 East 29th. Street, Suite 175 P.O. Box 3579 Bryan, Texas 77805 5.2 Severability. No partial invalidity of this Agreement shall affect the remainder unless the public purpose to be served hereby is so greatly diminished thereby as to frustrate the object of this Agreement. 5.3 Amendment. During the term of this Agreement, if certain areas need further clarification or revision, the parties will work in .good faith to arrive at written memorandums or understandings regarding those areas. Any amendment of this Agreement must be in writing, and executed by a duly authorized representative of each party. 5.4 Assignment. This Agreement cannot be assigned or performed by subcontractors except with the written consent of both parties. 5.5 Not Joint Venture: Independent Contractor. The parties agree that this is not a joint venture, partnership or employee -employer relationship and that neither party shall have the authority to bind or incur liability to the other without the other's prior written permission. Furthermore, the Chamber shall be considered an independent contractor agent for the sole and limited purpose only of administering this agreement. 5.6 Applicability of Texas Law. The laws of the State of Texas shall govern this Agreement, except where clearly superseded by federal law. B/CS Chamber Agreement j Page 4 Vol. P9• --�2- 5.7 Venue. The place of performance of this Agreement is Brazos County, Texas, and all consideration payable hereunder and things to be done pursuant hereto shall be deemed to be payable and performable in Brazos County, Texas. Venue of any dispute arising out of this Agreement or performance hereunder shall be fixed for all purposes in Brazos County, Texas. 5.8 Entire Agreement and Binding Authority. This Agreement supersedes and constitutes a merger of all prior oral and/or written agreements and understandings of the parties on the subject matter of this Agreement and is binding on the parties and their successors, agents and assigns. 5.9 Waiver. No waiver by either party of any provision of this Agreement shall be effective unless in writing, and such waiver shall not be construed as or implied to be a subsequent waiver of that provision or any other provision. The signatories hereto have the authority and have been given any approvals necessary to bind by this Agreement the respective parties for which they sign. BRAZOS COUNTY, TEXAS BRYAN/COLLEGE STATION CHAMBER OF COMMERCE, INC., a Texas non- profit corporation By: y: Duane Peters, County Judge rew r, Pre ent & CEO Attest: By:. ar n McQueen, County Cleric B/CSChamberAgreement Wage 5 Vol. pg, House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing - Blocking Property and Prohlbtting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 912412001 and any subsequent changes made to it via cross-referencing respondentslvendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.som.gov), which Is Inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate In this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is In compliance with the State of Texas statutes and rules relating to procurement and that Respondent Is not listed on the federal government's terrorism watch list as described In Executive Order 13224. Entities ineligible for federal procurement are listed at https:/1www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. 'Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company' means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Authorized Company Representative: Flew e&e-,4P4R-. Address: 1/49d7/.�.. 9 �h . er�, ,.%r c`� /.T.S.� it pa ces. % X 77AW x. Contract #: 'D - B'Vc Pg f I AGREEMENT THIS AGREEMENT ("Agreement') made this _� day of , 2020 by and between the DISPUTE RESOLUTION CENTER -CENTRAL BRAZOS VALLEY, INC. hereafter referred to as "DRC' and the BRAZOS COUNTY COMMISSIONERS COURT, hereafter referred to as the "Commissioners Court," is made on the following terms and conditions: 1. This Agreement is for one (1) year and shall begin on the first day of October, 2020 and continue through the last day of September, 2021. 2. For and in consideration of the sum of $25,000 to be paid in one single payment of $25,000, the DRC agrees to perform the following services: A. The DRC agrees to provide a maximum of four (4) separate mediation sessions to the Commissioners Court or designated department or offices of Brazos County during the term of this Agreement. A mediation session is defined as a session of not more than three (3) hours supervised by a trained mediator. In addition the DRC agrees to train (1) Brazos County employee in each regular or family law mediation training offered by the DRC, without cost to Brazos County or the employee. B. For each mediation session scheduled under the terms of this Agreement, the DRC will provide a location to hold the mediation, preferably in its offices located . at 1737 Briarcrest Drive, Suite 11, Bryan, TX, or at such other convenient location which might be available. For any such mediation session held away from the DRC offices, the DRC shall be reimbursed for any such costs or rental fees incurred in holding the mediation. The DRC may at its discretion, provide additional sessions without charge to Brazos County on a limited basis. Except as otherwise stated, any additional sessions that- may be required, will be compensated for by the Commissioners Court at the regular rate for scheduled mediations as adopted by the DRC. 3. The purpose of this Agreement is to make the services of the DRC available to the - Commissioners Court and to the employees of Brazos County in such instances where the services may be of benefit to Brazos -County, Texas,- or -its- employees.-=- This agreement also serves to support public access to the DRC. 4. DRC agrees that County, or its designated representative, shall, have the right to review and to copy any records and supporting documentation pertaining to the performance.of this Agreement. DRC agrees to maintain such records for possible audit for minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. DRC agrees to allow -=the :auditor(s) access--- to records during normal business hours and to allow interviews =of .any emplovees who might reasonably have information related to such records. DRC agrees. that County, or its designated representative, shall further have the right to review and ' to copy any records and supporting documentation for prior years in which County -provided funds to the DRC under prior Agreements. 5. Annual financial statements (audited if available) are due to County within six (6) months of completion. 6. This Agreement is executed in and performed in Brazos County, Texas. 7. This Agreement is subject to the Public Information Act, TEx. GOVT CODE ANN., Chapter 652. B. In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. 9. This Agreement contains the entire agreement between the parties. There are no representations, agreements, arrangements or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. 40.This Agreement shall be governed by the laws of the State of Texas and venue shall fie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. BRAZOS COUNTY DISPUTE RESOLUTION CENTER - CENTRAL BRAZOS VALLEY By: Y Duane Peters Brazos County Judge Vol. P9•a95 CERTIFICATE OF INTERESTED PARTIES mw 1295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no Interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2020-661463 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Dispute Resolution Center - Brazos Valley Bryan, TX United States Date Filed: 08/26/2020 2 Name of govemmental entity or state agency that is a parry to the contract for which the form is being filed. Brazos County Commissioners Court Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 21-040 Provide 4 free mediation to the Commissioners or designated department and train 1 employee in Mediation during the term of this agreement. Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Searles, Jennifer Bryan, TX United States X Horner, Kassi Bryan, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth Is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms orovided by Texas Ethics Commission www.ethir_s_statp.tx_us Vprsinn V1.1.3aRaaf7rl Vol. pg, dqw House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https:llwww.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel° means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, Including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name:_l�.yi ire. 4 ) U ;-kic I!ffA N Vc�llt�� Authorized Company Representative:, y ':g S [ X..zo, ; Qe_ lb, clam Address: ft 3'1 3riatcxevA ble She_ k1 Contract #:a'a I — owto Vol.3a1 pg. -2-47- - FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND HEALTH FOR ALL, INC. THIS FUNDING AGREEMENT ("Agreement") effective October 1, 2020 is entered into by and between Brazos County, Texas, acting by and through its duly elected County Commissioners (hereinafter "County"), and the Health for All, Inc. (hereinafter "Service Provider"), located at P.O. Box 5913, Bryan, Texas 77805, RECITALS WHEREAS, the medical care of the County's eligible indigent population has become a growing problem; and WHEREAS, pursuant to Chapter 61 County is the payor of last resort for the eligible indigent county residents; and of the Texas Health and Safety Code; the provision of basic health care services to WHEREAS, the County is required by Chapter 61 of the Health and Safety Code to provide, as a payor of last resort, certain basic health care assistance to its eligible count residents and desires to do so through the Service Provider, NOW THEREFORE the parties agree to the following terms and conditions to provide such eligible indigent health care. AGREEMENT 1. Term The Agreement shall continue in force and effect for a term of twelve (12) months commencing on the list day of October, 2020 and terminating 30th day of September, 2021. 2. Cancellation This Agreement may be canceled by any of the parties hereto upon sixty (60) days written notice as provided herein. 3. Services to be Performed by Service. Provider Service Provider shall provide the following services through trained, staff to; qualified county residents pursuant to the guidelines currently implemented for making such determination: physical exams, educational information, information on sources of prescription medication and/or access to "sample" or subsidized medications, coordination of physician care during hospitalization (collectively "Services"). Health For All Agreement Page I of J5 Vol. Voll Pg. ��y.� 4. Use of County Funds Funds to be furnished to Service Provider as stated below shall be used provide support for the increase in providers, operations, and access to healthcare. The primary goal of the project is to expand the capacity at the free clinic thereby improving access to chronic disease management_ and preventive services for the indigent population in the region. The County and Service Provider acknowledge that the County's purpose in providing funds hereunder is to provide medical assistance to eligible indigent applicants and help expand access to primary care clinic space, hours, and clinic staffing and that trained personnel of Service Provider is designed to accomplish these goals. Funds will not be used to purchase or build a clinic or office nor will they be used to purchase land. 5. County's Payment The County agrees to provide the Service Provider a maximum sum of $25,000.00 ("Funds") for the term of this Agreement. The Funds shall be paid in equal installments quarterly. 6. Responsibilities of Service Provider Service Provider will be responsible for providing the following Services pursuant to this Agreement: 6.1 Completing all necessary application forms to potentially eligible indigent individuals. 6.2 Obtaining and compiling information on each applicant for Service Provider's Services with regard to residency and financial qualifications. 6.3 Maintaining this Agreement. 6.4 Provision of the Service Provider's Services as defined herein. 6.5 Maintaining data files on clients/patients and the Services provided thereto. 6.6 Responding to all and any inquiries by the County regarding the Service Provider and its Services. 6.7 Assisting the County with information needed for audit purposes. 6.8 Providing the County with quarterly financial statements. 6.9 Providing the County with any and all certified audits of Service Provider and the management letter prepared in connection therewith. Health For All Agreement Page 2 of 15 Vol. pg. �� 6.10 Providing financial statements evidencing how County funds are spent. Such statements to be submitted to County one (1) week prior to the funding dates set forth herein above. 6.11 Providing the County with statistics evidencing the number of Brazos County residents using the Service Provider's Services and the percentage Brazos County residents comprise of the total population using Service Provider's services. 7. Record Retention The Service Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The Service Provider agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy, and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the Service Provider with funding. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. 8. Accounting and Audit The Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The Service Provider agrees to allow the auditor(s) access to such records during normal business -hours and to allow interviews of any employees who might reasonably have information related to such records. The Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County ' Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted. by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. 9. Discrimination - The Service Provider shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Service Provider. shall -take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national Health For A11 Agreement Page 3 of 15 V_3�d_ ol. P� — ' origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rated of pay or other forms of compensation; and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 10. Confidentialitv The Service Provider shall comply with applicable local, State and Federal statutes, laws and regulations as well as administrative rules regarding confidential records or other information obtained by the Service Provider concerning persons served under this Agreement. The records and information shall be protected by the Service Provider from unauthorized disclosure. 11. Health Insurance Portability and Accountability Act. The Service Provider certifies that it is in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Public Law No. 104-191, 45 CFR Parts 160, 162 and 164, the Social Security Act 42 U.S.C. 1320d-2 through 1320d-7, in that such Service Provider may not use or disclose protected health information other than as permitted or required by law and agrees to use appropriate safeguards to prevent use or disclosure of the protected health information. The Service Provider shall maintain for a minimum of six (6) years all protected health information. 12. Indemnity The Service Provider .agrees to and shall indemnify and hold harmless and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, =suits, and liability of any kind, including claims of respondent superior or vicarious liability, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of Agreement arising out of or in connection with any work done by the Service Provider pursuant to this Agreement. 13. Insurance Each party to this agreement is responsible for maintaining its own liability insurance and worker's compensation insurance, and each party will provide proof of same to the other party on request. The Service Provider shall maintain during the term of this Agreement a $1,000,000.00 malpractice insurance policy and a General Liability Policy of $1,000,000.00 naming Brazos County, as an additional insured. Such coverage shall be designated as primary over any coverage Brazos County may have in force. Service Provider shall -provide -a Certificate of Insurance -for both policies -which _- shall provide for a fifteen (15) days advance notice to County of the cancellation of such policy. Health For All Agreement Page 4 of 15 Vol. , Pg. 14. Independent Contractor In all activities or Services performed hereunder, the Service Provider is an independent contractor, and not an agent or employee of the County. The Service Provider, as an independent contractor, shall be responsible for all medical services provided and medical decisions made pursuant to the terms of this Agreement. The Service Provider shall supply all materials, equipment and labor required for providing of medical services as required herein. The Service Provider shall have ultimate control over the execution of the work under this Agreement. County shall have no control over any decision, recommendation, or action taken by the Service Provider pursuant to this Agreement. 14.1 The County assumes no liability for actions of the Service Provider under this Agreement, including, but not limited to, the negligent acts and omissions of Service Provider's agents, employees and subcontractors in their performance of the Service Provider's duties as described under this Agreement. The Provider agrees to hold harmless Brazos County against any and all liability, loss, damage, cost or expenses, including attorney's fees, arising from the intentional torts, negligence or breach of Agreement of the Service Provider, with the exception of acts performed in conformance with an explicit, written directive of the County, through its authorized agents. 14.2 The Service Provider may not subcontract any portion of this Agreement nor delegate any duties hereunder without prior written approval by Brazos County. In emergencies, the Service Provider will request approval in writing within at least (24) twenty-four hours of the use of a subcontractor to fulfill any obligations of this Agreement. 15. Licensing The Service Provider is required to maintain all applicable licensing permits to practice medicine. All permits to or certification necessary to operate the Provider's clinics shall also be maintained. Copies of any applicable licenses are to be filed with Brazos County. 16. Events of Default: The following shall be considered events of default: 16.1 Failure to maintain license to practice medicine or any restrictions being placed upon such license by the Texas State Board of Medicine making the providing of services hereunder impossible or difficult. - 16.2 Failure to maintain all permits and licenses necessary to keep Service Provider's clinics in operation. Health For All Agreement Page S of I S 16.3 Cancellation of Service Provider's medical malpractice insurance. Upon an event of default, the County may terminate this Agreement on three (3) days written notice mailed by certified mail return receipt requested to the address listed below. 17. Right of Audit and Monitoring Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Service Provider agrees that County, or its designated representative, shall further have the right to review and to- copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will .be solely paid for by the Service Provider. 18. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 19. Notices All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, registered mail to the other party at the following addresses: Health for All, Inc. C/O Executive Director P.O. Box 5913 Bryan, Texas 77805 Health For All Agreement Brazos County C/O Commissioners Court 200 S. Texas Ave., Suite 310 Bryan, Texas 77803 Vol. pg. 24 Page 6 of 15 20. Further Assurances Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. 21. Severability In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. 22. Amendments This Agreement may be modified or amended at any time during its term by mutual consent of the parties, expressed in writing, and signed by the parties. 23. Waiver No failure of Brazos County to assert any right or remedy hereunder will act as a waiver of its right to assert such right or remedy at a later time nor constitute a "course of business" upon which Service Provider may rely, for the purpose of denial of such a right or remedy to Brazos County. 24. Prior Notification The Service Provider agrees to notify Brazos County prior to issuing public announcements or press releases concerning work done pursuant to this Agreement, or funded in whole or in part by this Agreement, and to cooperate with Brazos County in joint or coordinated releases of information. 25. Notice of Change - 25.1 The Service Provider shall give thirty (30) days prior written notice to Brazos County, if there is a change in the Service Provider's legal status, federal employer identification number (FEIN) or. address. Brazos County reserves the right to take any and all appropriate action. The Service Provider agrees to hold harmless Brazos County for any acts 'or omissions by the County resulting from the Service Provider's failure to notify of these changes. 25.2 'in the event Service Provider becomes a party to any litigation, investigation or transaction that may reasonably be considered to have a material impact on its ability to perform under this Agreement, the Service Provider will immediately notify Brazos County in writing. ' Health For All Agreement Page 7 o 15 26. Tax Exempt Status As a political subdivision of the State of Texas, Brazos County is tax exempt. Tax exemption certification will be furnished upon request. 27. Sovereign Immunity This Agreement is expressly made subject to Brazos 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 liability that the Brazos County has by' operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. 28. Assignability This Agreement is not assignable by the Service Provider without the prior written consent of the County. 29. Fiscal Funding Clause Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon- the availability of funding for each item and obligation contained herein for the term of the Agreement and any extensions thereto. The Service Provider or any other person or entity directly or indirectly employed by the Service Provider or any other person or entity to whom the Service Provider may be liable to, shall have no right of action against the County in the event the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that the County is unable to fulfill its obligations under this Agreement as a. result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate. source or. may, in its sole discretion, terminate this Agreement by written notice to the Service Provider at the earliest possible time under the circumstances. 30. Governing- Law and Venue This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. Health For All Agreement Page 8 of 15 Vol.� Pg. 31. Entire Agreement J This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no. representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. In witness whereof, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. SERVICE PROVIDER 08/31/2020 Health for All, Inc. - - Date Executive Director BRAZOS COUNTY, TEXAS N� k de A✓ go Duane eters Dat County Judge ATTEST: Karen McQueen, Coun y Clerk Health For All Agreement Page 9 of 15 Vol. Pg. . BRAZOS COUNTY BUSINESS ASSOCIATE AGREEMENT A. Acknowledgment of HIPAA Obligations and Other Regulations Implementing_ the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. §1320(dd) "HIPAA" . The parties acknowledge that federal regulations relating to the confidentiality of individually identifiable health information require covered entities to comply with the privacy standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160 and 164, subparts A and E ("the Privacy Rule;) and the security standards adopted by the U.S. Department 'of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160, 162 and 164, subpart C ("the Security Rule"). Collectively, the Privacy Rule and the Security Rule are referred to herein as "HIPAA Rules." The HIPAA Rules, as well as any applicable state confidentiality laws, require Covered Entity to ensure that business associates who receive confidential information in the course of providing services on behalf of Covered Entity comply with certain obligations regarding the confidentiality of health information. "Covered Entity" and "Business Associate" are defined in the HIPAA Rules, and for the purposes of this Agreement, shall refer to Brazos County and Service Provider, respectively. B. Purposes for which Protected Health Information May Be Used or Disclosed. In connection with the services provided by Business Associate on behalf of Covered Entity pursuant to this Agreement, Covered Entity may use and disclose protected health information ("PHI"), as defined in the HIPAA Rules. C. Business Associate Obligations. Business Associate agrees to comply with applicable federal and state confidentiality and security laws, including, but not limited to the Privacy Rule and Security Rule, including without limitation: Use -of Protected Health Information ("PHI"). Business Associate shall not use PHI except as necessary to fulfill the purposes of this Agreement. Business Associate is permitted to use and disclose PHI as necessary for the proper management and administration of Business Associate or to carry out its legal responsibilities and its responsibilities under this Agreement. However, Business Associate shall in such case: (a) provide. training to members of its workforce regarding the confidentiality requirements in the HIPAA Rules . and this Agreement; (b) obtain reasonable assurances from the person to whom the information is disclosed that it will be held confidential and further used and disclosed. only as required by law or for the purpose for which it was disclosed to the person or entity; Health For All Agreement Vol. 3ai pg. QL5`7 Page 10 ops (c) agree to notify the Covered Entity of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the HIPAA Rules; and (d) ensure that all disclosures of PHI are subject to the principle of ,$minimum necessary use and disclosure," i.e., only PHI that is the minimum necessary to accomplish the intended purpose of the use, disclosure, or request may be disclosed. '2. Disclosure to Third Parties. If Business Associate discloses PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, to agents, including a subcontractor, Business Associate shall require the agent to agree to the same restrictions and conditions that apply to Business Associate under this Agreement. Business Associate shall ensure that any agent, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect the confidentiality, integrity, and availability of the electronic PHI that it creates, receives, maintains, or transmits on behalf of the Covered Entity. Business Associate shall be fully liable to Covered Entity for any acts, failures or omissions of the Agent in providing the services as if they were Business Associate's own acts, failures or omissions, to the extent permitted by law. Business Associate further expressly warrants that its Agents will be specifically advised of, and will comply in all respects with, the terms of this Agreement. 3. Data Aggregation. In the event that Business Associate works for more than one Covered Entity, Business Associate is permitted to use and disclose PHI, but only in order to analyze data for permitted health care operations, and only to the extent that such use is permitted under the HIPAA Rules or the issuing court's orders. 4. De -identified Information. Use and disclosure of de -identified. health information is permitted, but only if (i) the precise use is disclosed to Covered Entity and. permitted by Covered Entity in its sole discretion and (ii) the de -identification is in compliance with 45 CFR §164.502(d), and any such - de -identified health information meets the standard' and implementation specifications for de -identification under 45 CFR §164.514(a) and (b). 5. Notice of Privacy Practices. Business Associate shall abide by the limitations of any Notice of Privacy Practices ("Notice") published by the Covered Entity of which it has knowledge. Covered Entity shall provide -to Business Associate such Notice when it is adopted. Any use or disclosure permitted by this Agreement may be amended by such Notice. However, the amended Notice shall not affect permitted uses and disclosures on which Business Associate relied prior to such notice. Health For A11 Agi eement Page 1.1 of 15 IV -01. 3 01 Pg. a 6. Withdrawal of Consent or Authorization. In the absence of applicable court orders governing the Business Associate's responsibilities, if the use or disclosure ,of PHI in this agreement is based upon an individual's specific consent or authorization for the use of his or her PHI, and, the individual revokes such consent or authorization in writina, or the effective date of such authorization has expired, or the consent or authorization is found to be defective in any manner that renders it invalid, Business Associate shall, if it has notice of such revocation, expiration or invalidity, to cease the use and disclosure of any such individual's PHI except to the extent it has relied on such use or disclosure, or where an exception. under the Privacy Rule expressly applies. 7. Use or Disclosure That Would Violate HIPAA. Business Associate is prohibited from further use or disclosure of PHI in a manner that would violate the requirements of the HIPAA Rules if the PHI were used or disclosed by the Covered Entity. 8. Safeguards. Business Associate shall maintain appropriate safeguards to ensure -that PHI is not used or disclosed other than as provided by this Agreement or as Required by Law. Business Associate shall implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any electronic PHI it creates, receives, maintains, or transmits on behalf of Covered Entity. . 9. Records- Management. Upon termination of this Agreement, Business Associate agrees to return or destroy all PHI received from Covered Entity that Business Associate maintains in any form and shall comply with federal and state laws as they may be amended from time to time governing the maintenance or retention of PHI. If the return or destruction of PHI is not feasible, Business Associate agrees to extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. 10. Individual Rights Regarding Designated Record Sets. If Business Associate maintains a designated record set (as defined in the HIPAA Rules) on behalf of Covered Entity, Business Associate agrees as follows: (a) Correction of PHI. Business Associate agrees that it will amend PHI maintained by Business Associate as. requested by Covered Entity. (b) Individual Right to Coby or Inspection. Business Associate agrees that, if it maintains PHI, in a designated record set for the Covered Entity, it will permit an individual to inspect or copy PHI about the individual in that set under conditions and limitations required under Health For.W Agreement Page 12 of IS Vol. 3021 Pg. �9 45 CFR §164.524. The Covered Entity is required to take action on such requests as soon as possible but not later than 30 days following receipt of the request. Business Associate agrees to make reasonable efforts to assist Covered Entity in meeting this deadline, to the extent the requested information is maintained by Business Associate and not the Covered Entity. The information shall be provided in the form or format requested, if it is readily, producible in such form or format; or in summary, if the individual has agreed in advance to accept the information in summary form. A reasonable, cost -based fee for copying health information may be charged. (c) Individual. Right to Amendment. Business Associate agrees, if it maintains PHI in a designated record set, to make amendments to PHI at the request and direction of Covered Entity pursuant to 45 CFR §164.526. If Business Associate maintains a record in a designated record set that is not also maintained by Covered Entity, Business Associate agrees that it will accommodate an individual's right to have access to and amend PHI about the individual in a designated record set in accordance with the Privacy Rule set forth at 45 CFR §164.526, unless the regulation provides for a denial or exception that applies. 11. Accounting of Disclosures. Business Associate agrees to make available to the individual and/or the Covered Entity from whom the PHI originated, information required for an accounting of disclosures of PHI with respect to the individual, in accordance with 45 CFR §164.528, and incorporating exceptions to such accounting designated under the regulation. Such accounting is limited to disclosures that were made in the six (6) years prior to the request (not including any disclosures prior to the compliance date of the Privacy Rule). (a) Covered Entity is required to take action on such requests as soon as possible but not later than 60 days following receipt of the request.- Business Associate agrees to use its best efforts to assist Covered Eriti.ty in meeting this deadline. (b) Such accounting must be provided without cost to the individual or Covered Entity if it is the first accounting requested by an individual within any -12 month period; however, a reasonable, cost -based fee may be charged for subsequent accountings if Business Associate -informs the,, jndividual in advance of the fee and is afforded an :. opportunity to withdraw or modify the request. (c) Such accounting shall be provided as long as Business Associate maintains'the PHI. Health For All Agreement Page l.? of 15 Fol. Pg. _ QLOO D. Internal Practices, Books, and Records. Business Associate shall make available its internal practices, books, and records relating to the use and disclosure of PHI received from, created, or received by Business Associate on behalf of the Covered Entity to the U.S. Department of Heath and Human Services or its agents for the purpose of determining the Covered Entity's compliance with the H1PAA Rules, or any other health oversight agency, or to the Covered Entity. i E. Indemnification. To the extent permitted by law, Business Associate agrees to indemnify and hold harmless Covered Entity from and against all claims, demands, liabilities, judgments or causes of action of any nature for any relief, elements of recovery or damages recognized by law (including, without limitation, attorney's fees, defense costs, and equitable relief), for any damage or loss incurred by Covered Entity arising out of, resulting from, or attributable to any acts or omissions or other conduct of Business Associate or its agents in connection with the performance of Business Associate's or its agents' duties under this Agreement. This indemnity shall apply even if Covered Entity is alleged to be solely or jointly negligent or otherwise solely or jointly at fault; provided, however, that a trier of fact finds Covered Entity not to be solely or jointly negligent or otherwise solely or jointly at fault. This indemnity shall not be construed to limit Covered Entity's rights, if any, to common law indemnity. Covered Entity shall have -the option, at its sole discretion, to employ attorneys selected by it to defend any such action, the costs and expenses of which shall be the responsibility of Business Associate. Covered Entity shall provide Business Associate with timely notice of the existence of such proceedings and such information, documents and other cooperation as reasonably necessary to assist Business Associate in establishing a defense to such action. These indemnities shall survive termination of this agreement and Covered Entity reserves the right, at, its option and expense, to participate in the defense of any suit or proceeding through counsel of its own choosing. F. Mitigation. If Business Associate violates this Agreement or the HIPAA Rules Business Associate agrees to mitigate any damage caused by such breach G. Rights of Proprietary Information. The Covered, Entity retains any and all rights to the proprietary information, confidential information, and PHI it releases to Business Associate. H. Termination for Breach. Without limiting the termination provisions herein, if Business Associate breaches any provision in this Section entitled "Use and Disclosure of PHI", Covered Entity may, at its option, access and audit the records of Business Associate related to its use and disclosure of.PHI, require Business Associate to submit to monitoring and reporting, and such other conditions as Covered Entity may determine is necessary to ensure compliance Health For.411 Agreement Page 14 of 15 vol. 3 pg. a with this Article; or Covered Entity may terminate !this Agreement on a date specified by Covered Entity. I. Reference. Any reference in this Section entitled "Use and Disclosure of PHI" means the section bt tile Privacy Role .or the Seeudtv'-Rule as applicable as in effect or as amended. J. Amendment. Business Associate and Covered Entity agree to take such action as is hecessary. to :amend thls.Section entitled "Use and Disclosure of PHI" from time to time in order to allow Covered Entity to comply with the'HIPAA Rules and any applicable state confidentiality laws. K. Precedent arid- Ambiguity. If any term .of thins 'this entitled . "Use and Disclosure of ' PHl" � conflicts with another term of this Agreement, the term contained in this Section shall be controlling. Any' ambiguity in this Section entitled "Use and Disclosure of PHI" shall be resolved to permit Covered -Entity to comply with the, HIPAA Rules. L. Survival of Key Provisions. The provisions of. this Section entitled "Use and Disclosure of PHI" shall survive the termination -of'this Aareement_ Accepted: usi Bess s—sociate' Health for All, Inc., Executive Director ffealth For All Agreement Page 15 of1S Vol.3alPg. CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos, i - 4 and 6 if there are interested parties. OFFICE USE ONLY -7 Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number. 2020-663003 1 Name of business entity filing form, anis the city, state and country of the business entity's place of business. Health For All -Bryan, TX United States Date Filed: 08/31/2020 2 Name of 'governmental entity or state agency that is a patty to the contract for which the form Is being -filed. Bfazos County Date Acknowledged: 3 Provide the identification pumber used by the governmental entity or state agency to Track or Identify the contract, and provide a' description of the services, goods, of other property to be provided under the contract. 21-034 Free chriic for.uninsured 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is No Interested Party. ❑ x 6 UNSWORN DECLARATION My name is Elizabeth Dickey , and my date of birth'is 09127/1981 My address is 3030 East 29th street, Suite 111 Bryan .-- TX77602 USA (street) (city) (state) (zip code) (country) - I declare under penalty of perjury thatthe foregoing is.true and correct. Executed in BrazO5 County, State of Texas on the 31st day of August 2020 •(month) (year) Signature of authorized agent of cof rtra etinoLisiness.et]tiD% _ (Declarant) Forms orovided by Texa's Ethics Cnmmiacinn unAnnf adlin etntn w „n ..____ . ,,.... ..........,, ,...�.`..,..�� vorsrun 111.1.3acaarr0 Vol. 3 1 Pg. _a�3 House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the,directions provided in the President's Executive Order (E.0) 13224, Executive Order on Terrorist Financing - Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 'and any subsequent changes .made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov,); which- is Inclusive of the United States Treasury's Office of Foreign Assets -Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its ,principals are eligible to {participate in this transaction and have not been subjected to suspension, debarment, or similar Ineligibility determined by any federal, state or local governmental entity and that.Respondent is in compliance with the State of Texas statutes and rules relating -to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities inellgible for federal procurement are listed at httpsJfwww.sam.gov. . The undersigned affirms the non -debarment statement above,- that they are duly authorized execute this contract, The company representative below further affirms, that the- company submitting this proposal, under the. provisions of Subtitle F,Title 1.0, Govemmeht Code Chapter 2270: 1.. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, -terminating business activities with, or otherwise taking any. action that is intended to penalize, inflict economic harm on, or limit •cnrhmercial relations specifically with Israel, or ' ' K a person or entity doing business in Israel or in an Israeli -controlled territory, but does not Include an action made or.ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, .organization, association; corporation, partnership, joint venture, limited partnership, lirriited liability partnership, or any limited liability company, -including a -wholly owned• subsidiary, majority -,owned subsidiary, parent company or•affiliate of those entities or business associations that exist to make a profit Company Name: • Health For All, Inc. Authorized'Company-Representative:. Elizabeth N. Dickey Add -ret -s- Mailing Address: • P.O. Box 59'13 • Physical Address:•3030 East 29th Street, Suile 111 Bryan, TX .77805 Date: ' 08/31/2020 Bryan, TX 77862 21.034. Contract #: - - = - - JUNCTION 505 BRAZOSCOUNTY BRYAN, TEXAS SUPPLEMENT TO INDEPENDENT CONTRACTOR AGREEMENT WHEREAS, Brazos County, Texas, acting by and through its duly elected Commissioners Court (hereinafter "COUNTY") and Junction Five -0 -Five, a Texas non- profit corporation (hereinafter "JUNCTION'), EXECUTED as Independent Contract Agreement dated the 17th day of November 1992 for the establishment and management of recycling centers in Brazos County, Texas (hereinafter the "Agreement"): and WHEREAS, the COUNTY agrees to maintain the pay to JUNCTION in the -sum of three - thousand eighty three dollars and forty eight cents ($3083.48) per month, per site for a total monthly sum of eighteen thousand five hundred dollars and eighty eight cents ($18,500.88) for services to be rendered by JUNCTION for each of the following sites described below and in the Agreement: Site 1 located on Kathy Fleming Road Site 2 located on FM 2038 S. (Copperhead Road) Site 3 located on State Highway 30 Site 4 located on Raymond Stotzer Pkwy (FM 60) Site 5 located on Mumford Road Site 6 located on Silver Hill Road In as other respects the terms and conditions of the Agreement remain unaltered and the parties hereto confirm, ratify and reaffirm the terms. and conditions of said Agreement. NOW THEREFORE, Approved this L�tday of �J�1 , 2020. OS C S JUNCTION FIVE -O -FIVE Duane Peters, County Judge Iris Woolley; Executive DUector House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, httpsJ/www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with; terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: Junction Five -O -Five Authorized Company Representative: Iris Woolley Address: 4410 College Main Bryan, TX 77801 Signature; Iri�Woey Date: 08/24/20 Contract #. 21-052 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND KEEP BRAZOS BEAUTIFUL, INC. This Agreement for Funding is by and between Brazos County, hereinafter referred to as ("County") and KEEP BRAZOS BEAUTIFUL, Inc. hereinafter referred to as ("Keep Brazos Beautiful") a non-profit organization ("Agreement"). RECITALS WHEREAS, Keep Brazos Beautiful is a volunteer environmental educational organization dedicated to contributing to the economic vitality, safety, health and quality of life in Brazos County through programs that educate and engage Brazos County citizens to keep our community clean, green, and beautiful, by preventing and cleaning up litter and illegal dump sites, recycling, minimizing waste, beautifying and improving their surroundings; and WHEREAS, the Brazos County Commissioners Court is authorized to spend money from the County general revenues for public health and sanitation; and and WHEREAS, the prevention of public or private litter serves to improve the public health; WHEREAS, Keep Brazos Beautiful aids the County in accomplishing that purpose. NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual consideration recited and acknowledged herein, the parties agree as follows: AGREEMENT 1. Keep Brazos Beautiful shall provide services to the County as follows: A. Assist in educating area youth and adults in schools, museums, civic clubs, etc.. on the importance of litter prevention, recycling, reuse, and buying recycled products, conservation of resources, the proper care and planting of trees and other plants, and other educational topics relevant to the mission of Keep Brazos Beautiful. B. Maintain an online resource page to assist in teaching about a variety of environmental issues. C. Provide positive environmental leadership and volunteer opportunities to Brazos County youth and adults. D. A Keep Brazos Beautiful employee, chosen by Brazos County, may, at its discretion, serve on the Solid Waste Advisory Committee of the Brazos Valley Council of Governments to promote environmentally sound waste management practices in the Brazos Valley. E. Perform an annual "Litter Index" survey of the County and provide the scores to the Commissioners' Court. FVO . � ��.� F. Organize volunteers to assist in cleaning litter and illegal dump sites each spring throughout County. G. Act as an information resource to citizens, law enforcement officials, prosecutors and the Commissioners Court about issues relating to litter and illegal dumping in Brazos County. H. Promote the "Adopt a Road" and "Adopt a Highway" programs in the County. I. Promote a "Memorial Trees Program" to plant trees in the County and assist in hosting an annual Arbor Day Celebration. J. Plant wild flower seeds along public roadways in the County. K. Educate the community on the need to recycle and to buy recycled products through the use displays, public speaking engagements, and the "Texas Recycle Day" events. L. Act as a clearing house for information for area residents on recycling and provide information concerning Citizen Collection Stations in rural areas of the County as requested. M. Assist in the publicity for the yearly Christmas tree and telephone book recycling as well as household hazardous waste collection events. N. Provide positive reinforcement through a variety of award programs such as the Business and Residential Beautification Awards, Miller Youth Award, and Annual Environmental Awards. 2. Keep Brazos Beautiful will be funded by the County in the amount of $16,000.00 for the term of this agreement. 3. This Agreement shall be for a term of twelve (12) months commencing on the 1St day of October, 2020, and terminating on the 30th day of September, 2021. 4. Keep Brazos Beautiful agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the .performance of this Agreement. Keep Brazos Beautiful agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Keep Brazos Beautiful agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Keep Brazos Beautiful agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Keep Brazos Beautiful under prior Agreements. 5. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of Keep Brazos Beautiful. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management. letter shall identify issues EV01. ��1_ pg, ata that might not otherwise require disclosure in the Keep Brazos Beautiful annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Keep Brazos Beautiful. 6. Annual financial statements (audited if available) are due to County within six (6) months of Completion. 7. Keep Brazos Beautiful shall submit a financial statement to the County annually. 8. All notices required or permitted hereunder shall be in writing and addressed to the respective officer of the other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: COUNTY: Brazos County, c/o Commissioners Court 200 South Texas Avenue, Ste, 310 Bryan, Texas 77803 KEEP BRAZOS BEAUTIFUL, INC.: Kathryn Hitt 1713 Broadmoor, Ste. 302 Bryan, Texas 77803 9. It is understood and agree that the County's participation in Keep Brazos Beautiful is limited to the contribution of funds. County, at no time, shall be liable or responsible for acts of Keep Brazos Beautiful, its agents or employees. Keep Brazos Beautiful at no time shall be liable or responsible for acts of the County, its agents or employees. 10. Either of the parties shall have the right to terminate this Agreement in whole or in part at any time. Notice to terminate this Agreement will be given in writing at least thirty (30) days prior to the date of termination. The notice shall include the reason for such a termination, the effective date of the termination and, in the case of partial termination, the portion of the Agreement to be terminated. 11.This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. Pg. �lQ SIGNED this IJ day of , 2020. KEEP BRAZOS BEAUTIFUL, INC. Erin Stewart, Manager of Business Operations Dwayne Raymond, President BRAZOS C NTY Duane eters, County Judge ATTEST: *arejn:M::1cQui3en, County Clerk vol. 3 l pg. 'X7 l CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos. i - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2020-660344 Keep Brazos Beautiful, Inc. Bryan, TX United States Date Filed: 08/24/2020 2 Name of governmental entity or state agency that Is a patty to the contract for which the form is being filed. Brazos County Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract 21-029 Cleanup, education, and beautification programs. 4 Name of interested Party City, State, Country. (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Patty. ❑ X 6 UNSWORN DECLARATION My name is Erin Stewart and my date of birth is August 13, 1989 My address is 8647 County Road 121 , . Iola TX 77861 US (street) (clly) (state) (zlp cads) (country) I declare under penalty of perjury. that the foregoing Is true and correct. Executed in Grimes County, State of Texas on the 24 . day of AUguSt 20 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics_state.tx,tus Vprsinn v1 -I 3atiaaf7d vol. 3 l pg. 'X7 l House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, httpsJ/www.sam.gov), which Is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affifms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or - otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: Keep Brazos Beautiful, Inc. Authorized Company Representative: Erin Stewart, Executive Director Address: 1713 Broadmoor, Ste. 302 Bryan, TX 77802 Signature: Date: 8/24/2020 Contract #. 21-029 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY This Agreement for Funding ("Agreement") is by and between Brazos County, Texas (hereinafter "County") and the Mental Health Mental Retardation Authority of Brazos Valley, (hereinafter "MHMR'), a Texas non-profit 501(c)(3) corporation for a period of 12 months beginning October 1, 2020 and ending September 30, 2021. RECITALS WHEREAS, MHMR is a public non-profit community center serving all residents of Brazos County with the administrative responsibility and authority to provide a continuum of mental health and mental retardation services through available resources to eligible individuals residing in Brazos County; WHEREAS, to assist in accomplishing the above stated public purposes, MHMR coordinates activities of mental health and mental retardation coverage in Brazos County, Texas; and WHEREAS, the County desires to assist MHMR in their efforts to promote the public purpose of providing a comprehensive range of services in the local community for persons with mental illness or mental retardation residing in Brazos County by contracting with MHMR for the period beginning October 1, 2020 and ending September 30, 2021, for the specific services listed below; NOW, THEREFORE, for and in consideration of the mental health, mental retardation to be provided to the County by MHMR, and in compliance with the terms of this Agreement and subject to other provisions of this Agreement, and all applicable laws, the parties agree as follows: AGREEMENT ELIGIBILITY CRITERIA: This Agreement contemplates services provided to: 1. Individuals who permanently reside within Brazos County; 2. Who have been determined through the MHMR screening process to be in need of mental health or mental retardation services; and, 3. Who have been determined by MHMR in a fee assessment procedure to be unable to pay for the needed mental health or mental retardation services. MHMR warrants that the eligibility determination (ability to pay or availability of any third party pay and residency eligibility) is the responsibility of MHMR and such determination shall be made by MHMR prior to, or at the time of the provision of services. MHMR further warrants that Brazos County shall not be billed for and shall not provide reimbursement for any services provided by MHMR to non-residents of Brazos County or any AMM Agreement Page 1 ofS insured individuals with coverage for such services. MHMR will maintain records of insured status for all hospital admissions. This Agreement also includes services for inmates at the Brazos County Jail. RESPONSIBILITIES OF BRAZOS COUNTY: 1. Pay to MHMR an (not to exceed) annual total reimbursement of $80,000.00 ("Funds"), to be paid to MHMR as follows: a. $24,000.00 for Rehabilitative Case Management which includes psychiatric crisis related services, which is part of the local match requirement, and, b. $10,000.00 for TeleMed services, and c. $30,000 for crisis assessments and to facilitate jail diversion activities within the Brazos County Jail conducted by a Forensic Case Worker; and d. $16,000.00 for administrative support services. e. It is understood and agreed that the County Funds represented by the Agreement are for the period of October 1, 2020 through September 30, 2021 only, and will be paid wholly from funds available in that budget year and that no County funding for subsequent budget years is authorized or implied by this Agreement; RESPONSIBILITIES OF MHMR under this Agreement: 1. To provide the services according to the most recent MHMR Local Plan for the fiscal year covering this agreement and according to the most recent performance Agreement between MHMR and the Texas Department of State Health Services, including mental health services, mental retardation services, contracted residential services,'specialized therapies and psychiatric inpatient services; and 2. Comply with the interview and reporting requirements of Texas Code of Criminal Procedure Title 1 Chapter 16 Art. 16.22 "Early Identification of Defendant Suspected of Having Mental Illness or Intellectual Disability"; and 3. It is understood and agreed that all County funds paid to MHMR under this ; Agreement shall only be expended by MHMR for the purpose authorized under this Agreement and should any amounts be expended for any other purpose, they shall not qualify for payment or reimbursement; and 4. Reporting Requirements: Prepare and submit to the County a copy of the quarterly written and itemized accounting of expenditures, income and mental health and mental retardation services performed by MHMR pursuant to this Agreement in the same format as the quarterly report submitted to the Texas Department of State Health Services; MHMR Agreement Page 2 ofS \101. �. k TERM AND TERMINATION Shall be effective from the period from October 1, 2019 to September 30, 2020 unless otherwise terminated prior to that time. Either of the parties shall have the right to terminate this Agreement in whole or in part at any time. Notice to terminate this Agreement will be given in writing at least thirty (30) days prior to the date of termination. The notice shall include the reason for such a termination, the effective date of the termination and, in the case of partial termination, the portion of the Agreement to be terminated. A party may also terminate its performance under this Agreement upon default by the other party. Default by the party shall occur if the party fails to perform or observe any of the terms and conditions of this Agreement required to,be performed or observed by that party. Should such a default occur, the party against whom the default has occurred shall have the right to terminate all or part of its duties under this Agreement as of the thirtieth (30th) day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (1) such termination shall be ineffective if within said thirty (30) day period the defaulting party cures the default or (ii) such termination may be stayed, at the sole option of the party against whom the default has occurred, pending cure of the default. 2. In the event of termination MHMR agrees to return funds to County at a pro rata basis, based on a twelve (12) month calculation. MISCELLANEOUS PROVISIONS: Independent Contractor The relationship of MHMR to the County shall be that of an independent contractor. Parties in Interest This Agreement shall bind and benefit the County and MHMR and shall not bestow any rights upon third parties. Non -waiver Failure of either party hereto to. insist on the strict performance of any of the Agreement herein or to exercise any rights or remedies occurring there under upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default_ or failure or performance. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. M IAM Agreement Page 3 ofS vol. Pg. 75 Notices All notices required or permitted hereunder shall be in writing and addressed to the respective officer of the other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: County: MHMR: Brazos County Commissioners Court Bill Kelly, County Administration Building Executive Director 200 South Texas Avenue, Ste, 310 1504 S. Texas Avenue Bryan, Texas 77803 Bryan, Texas 77802 Audits MHMR agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. MHMR agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. MHMR agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. MHMR agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the MHMR under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of MHMR. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the MHMR annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the MHMR. Annual financial statements (audited if available) are due to County within six (6) months of completion. Ambiguities In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Entire Agreement This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. MHMR Agreement - Page 4 of 5 Voi.. 1�_ pg. Indemnification and Compliance with Laws MHMR shall defend, indemnify 'and hold harmless the County from any and all damages, costs, claims, expenses or liability arising out of or connected with any Accident, act, error, omission, representation or misrepresentation by the County or MHMR in performing the services or other acts to be performed under . this Agreement. MHMR shall comply, with all applicable governmental and professional requirements, regulations and/or standards in performance of services under this agreement. Immunily As a result of its execution of this Agreement and performance of the functions and obligations described herein, Brazos County does not. waive or relinquish any immunity or defense on behalf of itself, its commissioners, officers, employees, or authorized representatives. Severability In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. Signed this day of 1 , 2020. Mental Health Mental Retardation Brazos -County Authority. of Brazos Valley By: �� 1/ By: Bill Kelly, Executive. Director Duane Peters, Brazos County Judge ATTEST: C� K ren McQueen Brazos County Clerk MHMR Agreeniew Page S ofS House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing – Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made . to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties .List System (EPLS, http6://www.sam.gov), which is-lnclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and Its principals are eligible to, participate in this transaction and have. not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed ori the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at hfps:/Iwww.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2.. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel; or with a person or entity doing business in Israel or In an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: Me -4.401 Aa* 1A /N Authorized Company Representative: Date: si "��. p'� Contract P ;21— 03& VOL _3511- ti:' . _ • CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos. 1--A and 6 If there are Interested parties, OFFICE USE ONLY complete Nos:1, 2, 3, 5, and 6 -if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 - Name of business entity filing form, and the city, state and country of the business entity's place of business. "2020-660651 MHMR Authority. Of Brazos Valley Bryan; TX United States Date Filed: 08125!2020 2• Name of governmental entity or state agency that.19 a party tot the contract for which the form is being filed. Brazos County Date Acknowledged: 3. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 21436 Provide clinical services to individuals with mental illness and intellectual disabilities. 4 Name -of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if -there is NO Interested Party: ❑ X 6 UNSWORN DECLARATION My name is' 3; b e L= L 1—Y end my date. of birth is My address is / go L S. -;IeXA 23 r VA T 7 78AZ U S A, (street) (city) Watd) (zip Dodo) (country) I declare under penalty.of perjury that the foregoing is true and correct, Aj Executed in County, State of on the day of rp-j, 20 _ (month) (t'ea'r) - Signature of auilhorized agent of contracting business entity (Deolarant) - Forms orovided by Teras Ethics Commission www.ethIcsstate.t)Lus Version V1.1.Waaf7d Vol. pg. a'7 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND SCOTTY'S HOUSE CHILD ADVOCACY CENTER THIS FUNDING AGREEMENT ("Agreement") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County"), and SCOTTY'S HOUSE CHILD ADVOCACY CENTER (hereinafter "Provider"), located in Bryan, Texas, and is effective October 1, 2020. RECITALS WHEREAS, the County has the objective of providing support services to children who are the victims of physical abuse, sexual abuse, neglect, and exposure to violence; and WHEREAS, the Provider shares this common goal with the County; and WHEREAS, the County desires to assist the Provider in providing support services to children who are the victims of physical abuse, sexual abuse, neglect, and violence. through funds provided by the County. NOW THEREFORE, the parties agree to the following terms and conditions to provide such support services. AGREEMENT TERM This Agreement shall be for a term of twelve (12) months commencing on the 1St day of October, 2020, and terminating 30th day of September, 2021. CANCELLATION This Agreement may be canceled by any parties hereto upon sixty (60) days written notice as provided herein. SERVICES TO BE PERFORMED BY PROVIDER The Provider will provide the following services: Forensic Services - forensic interviews and on-site medical examinations that minimize additional trauma to the child. A forensic interview is a structured conversation with a child intended to elicit detailed information about a possible event(s) that the child may have experienced or witnessed. Each child's interview Scotty's House Agreement Page I of 6 Vol. Pg. .. is conducted by a trained Forensic Interviewer in a child friendly environment. A recording of the interview with the child is made available to agencies involved, thus reducing the number of times the child must retell the story. The recording may then be used in court proceedings. 2. Advocacy Services — a Family Services Coordinator will work with each family to provide information and referral to community resources, follow-up medical testing and treatment, assistance with crime victims' compensation and any other need identified by the family. 3. Counseling Services - counseling is provided to children and their non -offending family members. Counseling can take shape in many forms: play therapy for younger children, art therapy, equine assisted psychotherapy, or support groups for children and their caregivers. Without counseling, children who are abused often experience severe social and psychological trauma ,that may including nightmares, hyper -vigilance, sleep difficulties, poor self-esteem, social isolation, increased use of drugs and alcohol, school failure, depression, and suicidal ideation. 4. Education & Outreach Services - provide educational programs to the Brazos Valley on a variety of topics pertaining to child abuse, services to victims of sexual assault and their families (collectively "Services"). USE OF COUNTY FUNDS Funds to be furnished to Provider as stated herein be used to offset operational expenses of the Provider, including rent, telephone expenses, and office supplies. COUNTY'S LIABILITY FOR PAYMENT The County agrees to fund the Provider a maximum amount of money totaling $5,000.00 for the term of this Agreement ("Funds"). RESPONSIBILITIES OF PROVIDER Provider will be responsible for providing the following services pursuant to this Agreement: 1. Maintaining this Agreement; 2. Providing of Services; 3. Maintaining data files on clients and the Services provided thereto; 4. Respond to all and any inquiries by the County. ScottysHouseAgreement Page 2 of 6 5. Provider agrees that the County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Provider agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which the County provided funds to the Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Provider. 6. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the Provider. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Provider's annual financial report, but which are of concern to or under, the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Provider. 7. Provider will provide the County with any and all certified audits conducted by Provider and the management letter prepared in connection therewith; 8. Provider will provide the Commissioners Court with statistics evidencing the number of Brazos County residents using the Provider's Services. RESPONSIBILITY OF COUNTY The County shall be responsible for the following duties and requirements: - 1. Provide County Funds. 2. Conduct a review of the Provider's performance in providing the Services to be provided hereunder in order to assess County's continued participation in the funding of the Provider. Scotty's House Agreement Page 3 of 6 Vd. a Pg. ata RECORD RETENTION The Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The Provider agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the Provider with Funds. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. DISCRIMINATION The Provider shall not discriminate against any employee or applicant for employment because of race, color, sex, or national origin. The Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. The Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the Provider shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations contracted for herein. COUNTY INVOLVEMENT The County and Provider state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the -carrying' out of this Agreement or the Services to which. it relates has personal interest; direct or indirect, in -this Agreement: Scotty's House Agreement Vol. 3 l Pg.3 Page 4 of 6 GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Scotty's House Child Advocacy Center 2424 Kent Street Bryan, Texas 77802 Brazos County Commissioners Court County Administration Building 200 So. Texas Ave. No. 310 Bryan, Texas 77803 FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions shall not be affected thereby. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are -not -fully expressed herein. Scotty's House Agreement Va. 2DA Pg. _� Page S of 6 ASSIGNABILITY This Agreement is not assignable by the Provider without the prior written consent of the County. DATED this 6+ day of Y , 2020. Brazos County Scotty's House Child Advocacy Center — 1� 00"T)O�� Duane a ers, Judge Cary BakeJ, Executive Director ATTEST: /I - j ( -/, /x - ��, ,// r/ -e4 — Karen McQueen, Coun Clerk Scotty's House Agreement �a� Pg. Vol.v Page 6 of 6 CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number 2020-660504 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Scotty's House Brazos Valley Child Advocacy Center, Inc. Bryan, TX United States Date Filed: OB/24/2020 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Brazos County ]Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 21-039 Scotty's House will provide child advocacy services to all eligible children in Brazos County. 4 Name of Interested Party City, State, Country (place of business) Nature of Interest (check applicable) Controlling intermediary Prince, Mary Jo Bryan, TX United States X Motley, Melanie Bryan, TX United States X Brieden, Sarah Bryan, TX United States X McCollum, Byron Bryan, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Cary Baker and my date of birth is 10-16-1982 My address is 3233 Rose Hill Lane , Bryan TX , 77808 USA (street) (city) (state) (zip code) (country) I declare under penalty of pequry that the foregoing is true and correct. Executed in Brazos county, state of Texas - , on'the-24 day of August 2020 (month) (year) Signature of autholzA agent of contracting business entity darant) Forms provided by Texas Ethics CommisMnn unener_athicc ctnta tv ne vol. 3 a House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during .the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that Is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: SCOtty's House Brazos Valley Child Acvocacy Center, Inc. Authorized Company Representative: Cary Baker, Executive Director Address: 2424 Kent Street, Bryan, TX 77802 Contract M FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY RAPE CRISIS CENTER, INC. DBA SEXUAL ASSAULT RESOURCE CENTER THIS FUNDING AGREEMENT ("Agreement") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County"), and the BRAZOS COUNTY RAPE CRISIS CENTER, INC., dba Sexual Assault Resource Center (hereinafter "Provider"), located in Bryan, Texas, and is effective October 1, 2020. RECITALS: WHEREAS, the County has the objective of providing support services to the victims of sexual assault; and WHEREAS, the Provider shares this common goal with the County; and WHEREAS, the County desires to assist the Provider in providing support services to victims of sexual assault through funds provided by the County. NOW THEREFORE, the parties agree to the following terms and conditions to provide such support services. AGREEMENT TERM This Agreement shall be for a term of twelve (12) months commencing on the 1st day of October, 2020, and terminating 30th day of September, 2021. CANCELLATION This Agreement may be canceled by any parties hereto upon sixty (60) days written notice as provided herein. SERVICES TO BE PERFORMED BY PROVIDER The Provider will provide services to victims of sexual assault and their families. These services will include: a 24-hour hotline and 24-hour escort service; one-to-one counseling; group counseling; community awareness programs; Speaker's Bureau; training and supervision of volunteers; training for law enforcement agency personnel, the medical community, clergy, staff of the District Attorney's office and psychologists (collectively "Services"). Sexual Assault Resource Center Agreement Page l of12 USE OF COUNTY FUNDS Funds to be furnished to Provider as stated herein be used to offset operational expenses of the Provider, including rent, telephone expenses, and office supplies, as described in Exhibit "A" attached hereto and made a part hereof for all purposes. COUNTY'S LIABILITY FOR PAYMENT The County agrees to fund the Provider $35,000.00 for the term of this Agreement ("Funds"). RESPONSIBILITIES OF PROVIDER Provider will be responsible for providing the following services pursuant to this Agreement: 1. Maintaining this Agreement; 2. Providing of -Services; 3. Maintaining data files on clients and the Services provided thereto; 4. Respond to all and any inquiries by the County. 5. Provider agrees that the County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Provider agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which the County provided funds to the Provider under prior Agreements. Any audit -will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Provider. 6. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the Provider. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said Sexual Assault Resource Center Agreement Page 2 of 12 management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Provider's annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Provider. 7. Provider will provide the County with any and all certified audits conducted by Provider and the management letter prepared in connection therewith; 8. Provider will provide the Commissioners Court with statistics evidencing the number of Brazos County residents using the Provider's Services. RESPONSIBILITY OF COUNTY The County shall be responsible for the following duties and requirements: 1. Provide County Funds. 2. Conduct a review of the Provider's performance in providing the Services to be provided hereunder in order to assess .County's continued participation in the funding of the Provider. RECORD RETENTION The Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The Provider agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the Provider with Funds. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. DISCRIMINATION The Provider shall not discriminate against any employee or applicant for employment because of race, color, sex, or national origin. The Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. The Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Sexual Assault Resource Center Agreement Page 3 of 12 INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the Provider shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations contracted for herein. COUNTY INVOLVEMENT The County and Provider state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the Services to which it relates has personal interest, direct or indirect, in this Agreement. GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. TERMINATION Provider or County may unilaterally terminate this Agreement; at any time and for any reason, or no reason, by giving the other sixty (60) calendar days prior written notice. In the event of termination Provider agrees to return funds to County of a pro rata basis based on a twelve (12) month calculation. Sexual Assault Resource Center Agreement Vol. E�=Z— Page 4 of 12 NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Brazos County Rape Crisis Center, Inc. P.O. Box 3082 Bryan, Texas 77805 Confidential Physical Location: 3131 East 29th Street, Bldg C, Bryan, TX. Brazos County Commissioners Court County Administration Building 200 So. Texas Ave. No. 310 Bryan, Texas 77803 FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. ASSIGNABILITY This Agreement is not assignable by the Provider without the prior written consent of the County. Sexual Assault Resource Center Agreement Vol. ` Pg- Page S of l2 DATED this day of 7 2020. Brazos County Brazos County N pe Crisis Center, Inc. dba Sexual Ass'alt Resource Center DUAN TERS, Judge"6 LAUREN CARROLL, Executive Director ATTEST: REN McQUEEN, County Clerk Sexual Assault Resource Center Agreement vol. 2>C� - Pg. �� Page 6 of 12 BRAZOS COUNTY BUSINESS ASSOCIATE AGREEMENT A. Acknowledgment of HIPAA Obligations and Other Regulations Implementing the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 4.1320(d) "HI( PAA"). The parties acknowledge that federal regulations relating to the confidentiality of individually identifiable health information require covered entities to comply with the privacy standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160 and 164, subparts A and E ("the Privacy Rule") and the security standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160, 162 and 164, subpart C ("the Security Rule"). Collectively, the Privacy Rule and the Security Rule are referred to herein as "HIPAA Rules." The HIPAA Rules, as well as any applicable state confidentiality laws, require Covered Entity to ensure that business associates who receive confidential information in the course of providing services on behalf of Covered Entity comply with certain obligations regarding the confidentiality of health information. "Covered Entity" and "Business Associate" are defined in the HIPAA Rules, and for the purposes of this Agreement, shall refer to Brazos County and Service Provider, respectively. B. Purposes for which Protected Health Information May Be Used or Disclosed. In connection with the services provided by Business Associate on behalf of Covered Entity pursuant to this Agreement, Covered Entity may use and disclose protected health information ("PHI"), as defined in the HIPAA Rules. C. Business Associate Obligations. Business Associate agrees to comply with applicable federal and state confidentiality and security laws, including, but not limited to the Privacy Rule and Security Rule, including without limitation: 1. Use of Protected Health Information ("PHI"). Business Associate shall not use PHI except as necessary to fulfill the purposes of this Agreement. Business Associate is permitted to use and disclose PHI as necessary for the proper management and administration of Business Associate or to carry out its legal responsibilities and its responsibilities under this Agreement. However, Business Associate shall in such case: (a) provide training to members of its workforce regarding the confidentiality requirements in the HIPAA Rules and this Agreement; (b) obtain reasonable assurances from the person to whom the information is disclosed that it will be held confidential and further Sexual Assault Resource Center Agreement Vol. pg... Page 7 of 12 used and disclosed only as required by law or for the purpose for which it was disclosed to the person or entity; (c) agree to notify the Covered Entity of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly. permitted by the HIPAA Rules; and (d) ensure that all disclosures of PHI are subject to the principle of "minimum necessary use and disclosure," i.e., only PHI that is the minimum necessary to accomplish the intended purpose of the use, disclosure, or request may be disclosed. 2. Disclosure to Third Parties. If Business Associate discloses PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, to agents, including a subcontractor, Business Associate shall require the agent to agree to the same restrictions and conditions that apply to Business Associate under this Agreement. Business Associate shall ensure that any agent, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect the confidentiality, integrity, and availability of the electronic PHI that it creates, receives, maintains, or transmits on behalf of the Covered Entity. Business Associate shall be fully liable to Covered Entity for any acts, failures or omissions of the Agent in providing the services as if they were Business Associate's own acts, failures or omissions, to the extent permitted by law. Business Associate further expressly warrants that its Agents will be specifically advised of, and will comply in all respects with, the terms of this Agreement. 3. Data Agareciation. In the event that Business Associate works for more than one Covered Entity, Business Associate is permitted to use and disclose PHI, but only in order to analyze data for permitted health care operations, and only to the extent that such use is permitted under the HIPAA Rules or the issuing court's orders. 4. De -identified Information. Use and disclosure of de -identified health information is permitted, but only if (i) the precise use is disclosed to Covered Entity and permitted by Covered Entity in its sole discretion and (ii) the de -identification is in compliance with 45 CFR §164.502(d), and any such de -identified health information meets the standard and implementation specifications for de -identification under 45 CFR §164.514(a) and (b). 5. Notice of Privacy Practices. Business Associate shall abide by the limitations of any Notice of Privacy Practices (°Notice") published by the Covered Entity of which it has knowledge. Covered Entity shall provide to Business Associate such Notice when it is adopted. Any use or disclosure Sexual Assault Resource Center Agreement Page 8 of 12 Vol. Pg. ric permitted by this Agreement may be amended by such Notice. However, the amended Notice shall not affect permitted uses and disclosures on which Business Associate relied prior to such notice. 6. Withdrawal of Consent or Authorization. In the absence of applicable court orders governing the Business Associate's responsibilities, if the use or disclosure of PHI in this agreement is based upon an individual's specific consent or authorization for the use of his or her PHI, and the individual. revokes such consent or authorization in writing, or the effective date of such authorization has expired, or the consent or authorization is found to be defective in any manner that renders it invalid. Business Associate shall, if it has notice of such revocation, expiration or invalidity, to cease the use and disclosure of any such individual's PHI except to the extent it has relied on such use or disclosure, or where an exception under the Privacy Rule expressly applies. 7. Use or Disclosure That Would Violate HIPAA. Business Associate is prohibited from further use or disclosure of PHI in a manner that would violate the requirements of the HIPAA Rules if the PHI were used or disclosed by the Covered Entity. 8. Safeguards. Business Associate shall maintain appropriate safeguards to ensure that PHI is not used or disclosed other than as provided by this Agreement or as Required by Law. Business Associate shall implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any electronic PHI it creates, receives, maintains, or transmits on behalf of Covered Entity. 9. Records Management. Upon termination of this Agreement, Business Associate agrees to return or destroy all PHI received from Covered Entity that Business Associate maintains in any form and shall comply with federal and state laws as they may be amended from time to time governing the maintenance or retention of PHI. If the return or destruction of PHI is not feasible, Business Associate agrees to extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. 10. Individual Rights Regarding Designated Record Sets. If Business Associate maintains a designated record set (as defined in the HIPAA Rules) on behalf of Covered Entity, Business Associate agrees as follows: (a) Correction of PHI. PHI maintained by Entity. Sexual Assault Resource Center Agreement Business Associate agrees that it will amend Business Associate as requested by Covered Page 9 of 12 (b) Individual Right to Copy or Inspection. Business Associate agrees that, if it maintains PHI in a designated record set for the Covered Entity, it will permit an individual to inspect or copy PHI about the individual in that set under conditions and limitations required under 45 CFR §164.524. The Covered Entity is required to take action on such requests as soon as possible but not later than 30 days following receipt of the request. Business Associate agrees to make reasonable efforts to assist Covered Entity in meeting this deadline, to the extent the requested information is maintained by Business Associate and not the Covered Entity. The information shall be provided in the form or format requested, if it is readily producible in such form or format; or in summary, if the individual has agreed in advance to accept the information in summary form. A reasonable, cost -based fee for copying health information may be charged. (c) Individual Right to Amendment. Business Associate agrees, if it maintains PHI in a designated record set, to make amendments to PHI at the request and direction of Covered Entity pursuant to 45 CFR §164.526. If Business Associate maintains a record in a designated record set that is not also maintained by Covered Entity, Business Associate agrees that it will accommodate an individual's right to have access to and amend PHI about the individual in a designated record set in accordance with the Privacy Rule set forth at 45 CFR §164.526, unless the regulation provides for a denial or exception that applies. 11. Accounting of Disclosures. Business Associate agrees to make available to the individual and/or the Covered Entity from whom the PHI originated, information required for an accounting of disclosures of PHI with respect to the individual, in accordance with 45 CFR §164.528, and incorporating exceptions to such accounting designated under the regulation. Such accounting is limited to disclosures that were made in the six (6) years prior to the request (not including any disclosures prior to the compliance date of the Privacy Rule). (a) Covered Entity is required to take action on such requests as soon as possible but not later than 60 days following receipt of. the request. Business Associate agrees to use its best efforts to assist Covered Entity in meeting this deadline. (b) Such accounting must be provided without cost to the individual or Covered Entity if it is the first accounting requested by an individual within any 12 month period;, however, a reasonable,cost-based fee may be charged for subsequent accountings if Business Associate Sexual Assault Resource Center Agreement Page 10 of12 EVol. pg. informs the individual in advance of the fee and is afforded an opportunity to withdraw or modify the request. (c) Such accounting shall be provided as long as Business Associate maintains the PHI. D. Internal Practices. Books. and Records. Business Associate shall make available its internal practices, books, and records relating to the use and disclosure of PHI received from, created, or received by Business Associate on behalf of the Covered Entity to the U.S. Department of Heath and Human Services or its agents for the purpose of determining the Covered Entity's compliance with the HIPAA Rules, or any other health oversight agency, or to the Covered Entity. E. Indemnification. To the extent permitted by law, Business Associate agrees to indemnify and hold harmless Covered Entity from and against all claims, demands, liabilities, judgments or causes of action of any nature for any relief, elements of recovery or damages recognized by law (including, without limitation, attorney's fees, defense costs, and equitable relief), for any damage ,or loss incurred by Covered Entity arising out of, resulting from, or attributable to any acts or omissions or other conduct of Business Associate or its agents in connection with the performance of Business Associate's or its agents' duties under this Agreement. This indemnity shall apply even if Covered Entity is alleged to be solely or jointly negligent or otherwise solely or jointly at fault; provided, however, that a trier of fact finds Covered Entity not to be solely or jointly negligent or otherwise solely or jointly at fault. This indemnity shall not be construed to limit Covered Entity's rights, if any, to common law indemnity. Covered Entity shall have the option, at its sole discretion, to employ attorneys selected by it to defend any such action, the costs and expenses of which shall be the responsibility of Business Associate. Covered Entity shall provide Business Associate with timely notice of the existence of such proceedings and such information, documents and other cooperation as reasonably necessary to assist Business Associate in establishing a defense to such action. These indemnities shall survive termination of this agreement and Covered Entity reserves the right, at its option and expense, to participate in the defense of any suit or proceeding through counsel of its own choosing. F. _Mitigation. If Business Associate violates this Agreement or the HIPAA Rules Business Associate agrees to mitigate any damage caused by such breach. G. Rights of Proprietary Information. The Covered Entity retains any and all rights to the proprietary information, confidential information, and PHI it releases to Business Associate. H. Termination for Breach. Without limiting the termination provisions herein, if Business Associate breaches any provision in this Section entitled "Use and Sexual Assault Resource Center Agreement Page 11 of 12 • C► pg.�� Disclosure of PHP', Covered Entity may, at its option, access and audit the records of Business Associate related to its use and disclosure of PHI, require Business Associate to submit to monitoring and reporting, and such other conditions as Covered Entity may determine is necessary to ensure compliance with this Article; or Covered Entity may terminate this Agreement on a date specified by Covered Entity. I. Reference. Any reference in this Section entitled "Use and Disclosure of PHI" means the section of the Privacy Rule or the Security Rule, as applicable, as in effect or as amended. J. Amendment. Business Associate and Covered Entity agree to take such action as is necessary to amend this Section entitled "Use and Disclosure of PHI" from time to time in order to allow Covered Entity to comply with the HIPAA Rules and any applicable state confidentiality laws. K. Precedent and Ambiguity. If any term of this Section entitled "Use and Disclosure of PHP' conflicts with another term of this Agreement, the. term contained in this Section shall be controlling. Any ambiguity in this Section entitled "Use and Disclosure of PHP' shall be resolved to permit Covered Entity to comply with the HIPAA Rules. L. Survival of Key Provisions. The provisions of this Section entitled "Use and Disclosure of PHP' shall survive the termination of this Agreement. Accepted Business Associate Brazos County Rape Crisis Center, Inc. dba Sexual Assault Resource Center Sexual Assault Resource Center Agreement Page 12 of 12 House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing re spondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.saM.gov), which. Is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and Its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 1322.4. Entities Ineligible for federal procurement are listed at https://www.stm.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute -this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle. F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. W111' not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, Inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, Including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business assoclations that exist to make a profit. Company Name: S-GXd+t k� NVA T W"y, b 11-1i �-Wt Authorized Company Representative: La4� 7-- IN 0A 'Y1 , 11"'I _n K-01— Contract #: 3A �� 3 Vol. 3a 1 pg.3c — CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos. i - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 it there are no Interested parties. CERTIFICATION OF FILING Certificate Number 2020-661248 1. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Brazos County Rape Crisis Center Bryan, TX United States Date Filed: 08/2612020 2 Name of governmental entity or state agency that Is a party to the contract for which the forms being filed. Sexual Assault Resource Center Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. a' 21-038 Sexual Assault Services 4 Name of Interested Parry City, State, Country (place of business) Nature of interest (cheek applicable) Controlling Intermediary Carroll, Lauren Bryan, TX United States X 5 Check only if there Is NO Interested Party. ❑ 6 UNSWORN DECLARATION { I t V My name is �� V� 1 and my date of birth is 2 0 S My address is U 1"' ��. 3 �Z 1�, 1 t. ��+ y (street) (c ty) (state) (rip code) (country) declare under penalty of peri'ury that the_t_oregoin_g is true and correct. ,,r - y Executed in �� Q S Ccunty, State of on the ,— V day of (me ) (year) Signature of authorized agent of contracting business entity (Dedarant) Forms provided by Texas Ethics Commission www.athirs_state_tx_us Vpminn Vt _1_aaRaaf7d Vol. Pg. COMMISSIONER COURT MINUTES OF SEPTEMBER 15, 2020 ARE CONTINUED IN VOLUME 322 PAGE 1 Vol. pg. 3o a COMMISSIONER COURT MINUTES OF SEPTEMBER 15, 2020 ARE CONTINUED FROM VOLUME 321 vo 3 al ego I FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND SOUTH BRAZOS COUNTY FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of South Brazos County ("Agreement") is hereby effective October 1, 2020, by and between the SOUTH BRAZOS COUNTY FIRE DEPARTMENT, INC. ("Department") and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: AGREEMENT SCOPE 1. Department shall provide fire protection services to any person who requests it within the confines of South Brazos County, Precinct 1, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 2, 3 and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. South Brazos County Fire Dept. Agreement Page I of 4 vol. pg. 2. All requests for services under this Agreement shall be made through the 9-1- 1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sum of $29,000.00 upon execution of this Agreement ("Funds"). 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement term shall be from October 1, 2020, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2021. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: South Brazos County Fire Department, Inc. P.O. Box 601 Millican, TX 77866 Attn: Chet Barker, Fire Chief County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 South Brazos County Fire Dept. Agreement Vol. P9. 3 Page 2 of 4 DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will note constitute consent to or waiver of or excuse of any other, different or subsequent breach. South Brazos County Fire Dept. Agreement Page 3 of 4 Vol. 3D�;L, pg. __q_ I 16. it is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Department agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Department. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Department annual financial report, but which are of concern to or under the suggestion of the auditor. Annual financial statements (audited if available) are due to County within six (6) months of completion. South Brazos County Department, Inc. By: C1 et Barker, Fire Chief Date: 81311 Z o Z- O South Brazos County Fire Dept. Agreement Brazos County, Texas Duane Peters, County Judge Date: �[ ATTE T: aren McQueen, Co my Clerk Vol. a- Pg. — Page 4 of 4 House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing - Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: Company 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or In an Israell-controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. r! re A� Authorized Company Representative: U_r 6mry er + ;=' r -,e- Address: "'?. E), -?. o W. o \ - _ Signature: LJir•.. u� _ Date: 6131 r—o-r 0 Contract #: FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND DISTRICT TWO VOLUNTEER FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of District Two ("Agreement") is hereby effective October 1, 2020, by and between the DISTRICT TWO VOLUNTEER FIRE DEPARTMENT, INC., BRAZOS COUNTY, TEXAS ("Department") and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions. contained herein, agree as follows: AGREEMENT SCOPE 1. Department shall provide fire protection services to any person who requests it within the confines of Precinct 2, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 3 and 4 it shall provide services in_t_hese areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County -App ralsal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agre� to use the records maintained by that office if a question about the boundaries of the Precincts should arise. DisMcO Volunteer Fire Agreement Vola 30 pg. Z_ Page 1 of 4 2. All requests for services under this Agreement shall be made through the 9-1- 1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sum of $29,000.00 upon execution of this Agreement ("Funds°). 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement term shall be from October 1, 2020, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2021. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: District Two Volunteer Fire Department, Inc; Brazos County Texas P.O. Box 32 Kurten, TX 77862 County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 District 2 Volunteer Fire Agreement • ?' Page 2 of 4 DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(les) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. District 2 Volunteer Fire Agreement va. 3aa Pg. Page 3 of 4 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Department agrees to allow the auditor(s) access to such records du ring normal business hours and to allow interviews of any employees who might reasonably have information related to such records.. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If - the Brazos County -Commissioners Court determines that the audit will= be conducted by an independent third party, all costs and.expenses associated with said audit will be solely paid for by the Department. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Department annual financial report, but which are of concern to or under the suggestion of the auditor. Annual financial statements (audited if available) are due to County within six (6) months of completion. District Two Volunteer Fire Department, Inc, Brazos County, Texas Brazos County, Te a Anthony Pet rso , resident Duane Peters, County dge Date: �b of -� Date:v ATTEST: Ka en McQueen, -oun Clerk District 2 Volunteer Fire Agreement Vol. Pg. �o _ Page 4 of 4 House- Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, - under the provisions of Subtitle F, Title 10, Government CodeChapter2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. DISTRICT TWO VOLUNTEER FIRE DEPARTMENT, INC Company Name: Authorized Company Representative: ANTHONY PETERSON Address: P.O. BOX 32 KURTEN, TX 77862 ate: contract#: _ 21-050B Vol. FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY PRECINCT 3 VOLUNTEER FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of Precinct Three ("Agreement") is hereby effective October 1, 2020, by and between the BRAZOS COUNTY PRECINCT THREE VOLUNTEER FIRE DEPARTMENT, INC. ("Department") and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and : WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: AGREEMENT SCOPE 1. Department shall provide fire protection services to any person who requests it within the confines of Precinct 3, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 2 and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan; Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. Precinct 3 Volunteer Fire Dept. Agreement Page 1 of A Vola as Pg. 2. All requests for services under this Agreement shall be made through the 9-1- 1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sum of $29,000-00 upon execution of this Agreement ("Funds"). 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement term shall be from October 1, 2020, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2021. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: Brazos County Precinct Three Volunteer Fire Department, Inc. P.O. Box 5453 Bryan, TX 77805-5453 Attn: Gregory Cross, President County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 Precinct 3 Volunteer Fire Dept. Agreement Vol. - Pg. 13 Page 2 of 4 DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County: 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(les) claimed to have waived. Furthermore, any consent to or waiver of a breach .will not constitute consent to or waiver of or excuse of any other, different or subsequent -breach. Precinct 3 Volitnteer Fire Dept. Agreement Vol. Pg. Page 3 of 4 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Department agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Department. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Department annual financial report, but which are of concern to or under the suggestion of the auditor. Annual financial statements (audited if available) are due to County within six (6) months of completion. Brazos County Precinct Three Brazo Cou Texas Volunteer F' ment, Inc. 7 By. GregoryyC^ross, resident �� Duane Peters, County Judge Date: 'b — 2 7 — (0' o 2)0 Date: �6 - ATTE T: aren McQueen, Cou y Clerk Precinct 3 Volunteer Fire Dept. Agreement Vol. pg. vm �� Page 4 of 4 House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https:llwww.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F. Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. Company' means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: P,3qcL-zo5 c ,,(,k � UD`yAegor Face 0?0a.4' ern , _Z�tC,. Authorized Company Representative: C-�Cea Qcw C(05s, gLeS3AeM Address: ? 0 4 � S45 Contract #: C9 1— 05 O Vol.3aa PgJU_ FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY PRECINCT 4 VOLUNTEER FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of Precinct Four ("Agreement") is hereby made effective October 1, 2020, by and between the BRAZOS COUNTY PRECINCT FOUR VOLUNTEER FIRE DEPARTMENT, INC. ("Department") and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. . NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: AGREEMENT SCOPE 1. Department shall provide fire protection services to any person who requests it within the confines of Precinct 4, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 2 and 3 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. Precinct 4 Volunteer Fire Dept. Agreement Vol. �oao� pg. 17 Page 1 of A 2. All requests for services under this Agreement shall be made through the 9-1- 1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sum of $29,000.00 upon execution of this Agreement ("Funds"). 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement term shall be from October 1, 2020, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2021. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: Brazos County Precinct Four Volunteer Fire Department, Inc. P.O. Box 4186 Bryan, TX 77805 Attn: Joe Don Warren, Fire Chief County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 Precinct 4 Volunteer Fire Dept. Agreement Vol. DL, Pg. �� Page 2 of 4 DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the. Agreement, and does not confer any rights on any third parties. 13. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to . enforce each and every provision hereof. No term ofthis Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. Precinct 4 Volunteer Fire Dept. Agreement vol. a pg. �� Page 3 of 4 16. It Is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Department agrees to allow the auditor(s) access to such records during normal business hours and to allow Interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Department. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Department annual financial report, but which are of concern to or under the suggestion of the auditor. Annual financial statements (audited if available) are due to County within six (6) months of completion. Brazos County Precinct Four Volunteer Fire Department, Inc. By: I n. I J"'� [doe Don Warren, Fire Chief Brazos County, Texas Duane Peters, County Judge Date: I ATTEST: a en McQueen, County Clerk Precinct 4 YottULeeC�ireD01—.49reement Vol. Pg. 0�0 Page 4 of 4 House Bill 89 & Debarment Verification Brazos County Is federally mandated to adhere to the directions provided In the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing - Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to It via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, httpsJ/www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list Respondent certifies .that the responding entity and Its principals'are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibllity determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent Is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently, and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business In Israel or in an Israeli -controlled territory, but does not Include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: 10rct2-05 - auV i -I &ers-j c.+ I V%6After Fire Authorized Compan y Representative—e I30 UOn Uartgn . R Address: !' � G, &-m 4IS6 8 ryan Ie CM — 77S05 Contract* 1 i - 0 5 0 Item Coversheet BRAZOS COUNTY BRYAN,TEXAS Page 1 of 1 0 DEPARTMENT: Road and Bridge NUMBER: 2020 Indian Lakes Phs 33 County Maintenance Acceptance DATE OF COURT MEETING: 9/15/2020 ITEM: Acceptance of the road(s) in Indian Lakes Phase 33 into the Brazos County road maintenance system; the road (Sandia Springs Cove) and roadway drainage structures are in compliance with the Brazos County Subdivision Regulations. Site is located in Precinct 1. TO: Commissioners Court FROM: Karen Tyler DATE: 09/09/2020 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type No Attachments Available ---Ly J uuge Vol. Pg. �a https://Brazos.novusaaenda.com/AaendaWeb/CoverSbeet.asnx?TtemTD=? 1945 9l1 nnn?n a APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS LAKE MOLLY M 2917 PUEBLO CT S COLLEGE STATION TX 77845-7709 PROPERTY DESCRIPTION Legal: SOUTHWOOD VALLEY PH 25C, BLOCK 65, LOT 10 - ---Address: 2917-PUEBL6 CTS , Account # 80034 -_- TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund 2REFUND 2019 Taxpayer's reason for refund: OP -Overpayment REFUND TO: ELLIOTT MOLLY LAKE 2917 PUEBLO CT S COLLEGE STATION TX 77845-7709 Collecting Tax for: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, Fl, F2, F3, F4, City of Kurten, Navasota ISD Payment Date Amount Paid Refund Amount Requested 08/17/20 $1839.72 $33.77 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above-described taxes and certify that the information on this form is true and correct n '7% / a� S g t r ate If you make a false statement on this application, you could be found guilty of a Class A•misdemeanor or a state jail'felony' under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION Thet refun is [ Approved �kpproved] D' . Authorized icer Signature Date Authorized officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2019-2020 BUDGET YEAR NO. 19/20 50.1— 50.2 On this the 15th day of September 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 15th day of September 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 15th day of September 2020. THE CONIMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19120 - 50.1 tij, to 4. rr �4 Vol. 3 DQL__ Pg. D'5) FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 01000 11000500 72590000 CR Professional Fees- Other 395.200.00 01000 11000100 53310000 DR Retiree Health Insurance 395200.00 Vol. 3 DQL__ Pg. D'5) BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19120 - 50.2 911512020 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Risk Management - COVID Grant Fund 19 Departmental Surt 150.000.00 Grant Fund Other Revenue 150.000.00 General Fund Other Revenue 150,000.00 General Fund Comtnissicnets' Court Contingency Departmental Support 150,000.00 30000 12500200 60600000 CR Office Supplies 150.000.00 30000 00000000 91300000 DR Tmttsfer to General Fund 150,000.00 01000 00000000 49029000 CR Transfer from GmntFund 150,000.00 01000 11001500 61130000 DR Contingency 150,000.00 Risk Management - COVID-19 and Commissioners' Court Reallocation of funds to the appropriate department's account to help cover unexpected cost for the remainder of FY 20. F a.. G0.3nty,. udge Approval °. , , _ v_ Qate _v ' tri? I �� '�� • � FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 30000 12500200 60600000 CR Office Supplies 150.000.00 30000 00000000 91300000 DR Tmttsfer to General Fund 150,000.00 01000 00000000 49029000 CR Transfer from GmntFund 150,000.00 01000 11001500 61130000 DR Contingency 150,000.00 ' tri? I �� '�� • � PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date:09/15/2020 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Commissioner's Court Konderla, Charles Change in Status Constable Precinct 2 Allen, Michael Jr. Change in Status Celano, Anthony Jr. Change in Status County Clerk McQueen, Karen Change in Status County Treasurer Davis, Laura Change in Status District Clerk Garcia, Gabriel Change in Status Hernandez, Jessica Change in Status Exposition Complex Marshall, Michal Separation i Human Resources Bates, Amy Change in Status ; Doucet, Paula Change in Status i Garcia, Deyanira Change in Status Herrera, Raeanna Change in Status Mendez, Mary Change in Status Approved in Commissioners' Court: 09/15/2020: i i I County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) -- 1 Vole _ � a pg. -az—