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HomeMy WebLinkAbout2020-11-10 10:00AM REGULAR MEETINGr' BRAZOS COUNTY B RYAN, T EXAS NOTICE OF MEETING AND AGENDA - % !'1911 -b A 5 � BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON NOVEMBER 10, 2020 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY, ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - U.S. and Texas Flag — Judge Peters 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-23: 3. Approval of Resolution for the appointment of five (5) Reserve County Attorney I nvestigators. 4. Approval of the County Attorney's Policy. for Issuance of a Certificate of Proficiency to an Honorably Retired Peace Officer or Qualified Retired Law Enforcement Office. 5. Approval of the following Job Description: a. Clerk I (CC Records Mgmt)1560 hours (Class Code B1324) 6. Approval of the Public Official Bond for Russell C. "Russ" Ford as Commissioner, Precinct 2. 7. Approval to purchase an automatic license plate reader trailer using grant funds and Sheriffs Crime Fund in the amount of $53,412.34. Purchase is through a GSA contract. 8. Permission to sell a 1998 Ford van to the City of Bryan in the amount of $1.00. This r e4 vehicle has been used by the city over the past few years and will result in maintenance cost to the -County. 9. Permission to advertise Bid #21-064 Janitorial Paper Products. 10. Permission to advertise Bid #21-090 for Hydrated Lime. vol, Pa, ly f 11. Approval of Agreement #21-081 Customer Support for Brazos County Tax Office Collection Accounting with Computer Information Concepts in the amount of $5,840.00. 12. Renewal of Contract #21-095R for Heavy Machinery Rental with Mustang Rental Services. 13. Approval of service contract for Cl P #21-594 HVAC Insulation Replacement for the jail in in the amount of $25,490.00 and Cl P #21-596 Cooling Tower Repairs at the courthouse in the amount of $50,265.00 with Hunton Services. 14. Approval of Amendment No. 3 to the Service Agreement between TAMU Health Science Center and Brazos County. 15. Approval of the Texas Association of Counties Health Employee Benefits Pool Renewal for 2021. 16. Consider and take action on Interlocal Agreement with BISD for Project Connectivity. 17. Consider and take action on Interlocal Agreement with CSISD for Project Connectivity. 18. Approval of the Final Plat of Millican Ridge Subdivision Lots 1-4, Block 1; 8.188 Acres; Andrew Millican League, A-39, Brazos County, Texas. Site is located in Precinct 1. 19. Tax Refund Applications for the following: Overpayments • a. Juan Jose Lunar Barboza - $226.91 • b. Dina Elizabeth Mena - $15.45 • c. 1980 Rolling Ridge LTD - $58.26 • d. Jane & Rex Cook- $35.98 • e. Affordable Mobile Homes - $18.67 • f. Affordable Mobile Homes - $65.53 • g. Affordable Mobile Homes - $36.84 • h. 21 st Mortgage - $17.05 • i. Leroy & Nancy Kolodziej - $36.85 • j. Karen Mc Entire - $225.00 • k. Porfiro Espinosa Vasquez - $8.00 • I. John & Kristi Purviance - $5.34, • m. Karen Schuemann - $28.90 • n. Eduardo Antonio & Norma Carcamo - $167.98 20. Commissioners Court minutes for the following dates: • a. October 06, 2020 -Regular Meeting • b. October 13, 2020 -Regular Meeting • C. October 20, 2020 -Regular Meeting • d. October 27, 2020 -Regular Meeting 21. Budget Amendments. • a. Budget Amendments FY 19/20 54.1 • b. Budget Amendments FY 20/21 6.1-6.6 22. Personnel Change of Status. • a. Personnel Action Forms • b. Employment & Separations Vol. 3 Pg. 1�"l le 23. Payment of Claims. 24. Juvenile Director's report on detention population. 25. Sheriffs report on inmate population. 26. Announcement of interest items and possible future agenda topics. 27. Call for Citizen input and/or concerns 28. Adjourn. Vol. P9. 150 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1. and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. it is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2..removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the. Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please'call (979) 361-4102. Vol. �_ Pg. 151 MINUTES NOVEMBER 10, 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, November 10, 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 - U.S. and Texas Flag — Judge Peters 2. Call for Citizen input and/or concerns There was no citizen's input. Consider and take action on agenda items 3-23: 3. Approval of Resolution for the appointment of five (5) Reserve County Attorney I nvestigators. �` ��1211Pg. a A copy of the resolution is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 4. Approval of the County Attorney's Policy for Issuance of a Certificate of Proficiency to an Honorably Retired Peace Officer or Qualified Retired Law Enforcement Office. A copy of the policy is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 5. Approval of the following Job Description: • a. Clerk I (CC Records Mgmt)1560 hours (Class Code B1324) A copy of the job description is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 6. Approval of the Public Official Bond for Russell C. "Russ" Ford as Commissioner, Precinct 2. A copy of the bond is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 7. Approval to purchase an automatic license plate reader trailer using grant funds and Sheriffs Crime Fund in the amount of $53,412.34. Purchase is through a GSA contract. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 8. Permission to sell a 1998 Ford van to the City of Bryan in the amount of $1.00. This vehicle has been used by the city over the past few years and will result in maintenance cost to the County. Commissioner Berry asked about the maintenance cost to the county. Judge Peters noted the item should be corrected to there is no maintenance cost to the county. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 9. Permission to advertise Bid #21-064 Janitorial Paper Products. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Vol. ' � Pg. 1�3 Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 10. Permission to advertise Bid #21-090 for Hydrated Lime. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 11. Approval of Agreement #21-081 Customer Support for Brazos County Tax Office Collection Accounting with Computer Information Concepts in the amount of $5,840.00. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Kondeda, Peters. 12. Renewal of Contract #21-095R for Heavy Machinery Rental with Mustang Rental Services. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 13. Approval of.service contract for C1 P #21-594 HVAC Insulation Replacement for the jail in in the amount of $25,490.00 and C I P #21-596 Cooling Tower Repairs at the courthouse in the amount of $50,265.00 with Hunton Services. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 14. Approval of Amendment No. 3 to the Service Agreement between TAMU Health Science Center and Brazos County. A copy of the amended agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 15. Approval of the Texas Association of Counties Health Employee Benefits Pool Renewal for 2021. A copy of the 2021 Renewal Notice and Benefit Confirmation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 16. Consider and take action on Interlocal Agreement with B I S D for Project Connectivity. A copy of the interlocal agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 17. Consider and take action on Interlocal Agreement with CSISD for Project Connectivity. A copy of the interlocal agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 18. Approval of the Final Plat of Millican Ridge Subdivision Lots 1-4, Block 1; 8.188 Acres; Andrew Millican League, A-39, Brazos County, Texas. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 19. Tax Refund Applications for the following: Overpayments • a. Juan Jose Lunar Barboza - $226.91 • b. Dina Elizabeth Mena - $15.45 • c. 1980 Rolling Ridge LTD - $58.26 • d. Jane & Rex Cook - $35.98 • e. Affordable Mobile Homes - $18.67 • f. Affordable Mobile Homes - $65.53 • g. Affordable Mobile Homes - $36.84 • h. 21st Mortgage -$17.05 • i. Leroy & Nancy Kolodziej - $36.85 • j. Karen Mc Entire - $225.00 • k. Porfiro Espinosa Vasquez - $8.00 • I. John & Kristi Purviance - $5.34 • m. Karen Schuemann - $28.90 • n. Eduardo Antonio & Norma Carcamo - $167.98 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 20. Commissioners Court minutes for the following dates: • a. October 06, 2020 -Regular Meeting • b. October 13, 2020 -Regular Meeting • c. October 20, 2020 -Regular Meeting • d. October 27, 2020 -Regular Meeting Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. Vol. 4 2 Pg. 5 21. Budget Amendments. • a. Budget Amendments FY 19/20 54.1 54.1 Reallocate funds for Constable, Precinct 3. • b. Budget Amendments FY 20/21 6.1-6.6 6.1 Reallocate funds for 2020 Certificates of Obligation Fund. 6.2 Transfer funds from Commissioners Court - Non Capital Fund to Sheriff's Office - Non Capital Fund. 6.3 Transfer funds from Facility Services - Non Capital Fund to Sheriff's Office -Jail - Non Capital Fund. 6.4 Transfer funds from Commissioners Court - Non Capital Fund to Juvenile Services - Non Capital Fund. 6.5 Transfer funds from Contingency Fund to Courthouse Security Fund. 6.6 To recognize a monetary donation from the Ogden Resource Corporation to Child Protective Services -Child Welfare Board for holiday gifts. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 22. Personnel Change of Status. • a. Personnel Action Forms • b. Employment & Separations 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. 23. Payment of Claims. Claims 8103959-8104080 9000838-9000884 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Konderla, Peters. 24. Juvenile Director's report on detention population. Juvenile Director Linda Ricketson reported there are 11 juveniles in the detention center, 10 are male and 1 is female, and 32 have electronic monitors. There are 6 new youth in isolation as per medical protocol for new intakes. 25. Sheriffs report on inmate population. Sheriff Chris Kirk stated there were 489 inmates in jail, 424 inmates are male and 65 are female, 32 have electronic monitors and 8 are pending for monitors. Sheriff Kirk reported there is 1 inmate positive for COVID-19 and 10 inmates are in quarantine. There are 8 staff members positive for COVI D-19 and 5 in quarantine. 26. Announcement of interest items and possible future agenda topics. Commissioner Aldrich stated he attended a meeting with the City of College Station Economic Development in conjunction with tourism for Christmas events. He said that anyone who would like may include an event at www.cstx.gov. Commissioner Aldrich said that Santa's Wonderland will be adding an outdoor skating rink this year. Commissioner Aldrich also thanked Commissioner Konderla for a job well done during the interim time. Commissioner Cauley announced that tomorrow, November 11, 2020 at 5:30 p.m. the Veterans Day recognition ceremony will take place at Veterans Park. Commissioner Konderla thanked Linda Ricketson for the tour of the Brazos County Juvenile Justice facility. Commissioner Konderla said the mission is clear as soon as you walk in the door. The counselors, teachers, detention officers and staff members are there to help youth that may be going down the wrong patch. Commissioner Berry echoed his sentiments and said it is an outstanding facility. Commissioner Konderla said he wanted to run for Commissioner, Precinct 2 in 2022 and had discussed it with Commissioner Catalena. He said he was honored to serve during the interim and thanked Judge Peters and the Commissioners for their professionalism. Commissioner Konderla also thanked staff members of Justice of the Peace, Precinct 2, Constable, Precinct 2, Sheriff Kirk, Chief Stewart, Irene Jett, Nina Means, Marsha Anderson, Aubrey Leggett, Candy Gallego, Cheryl Coffman, Kenneth Greer, Gary Arnold and the Road and Bridge crew. Commissioner Konderla added that if it is God's will, he will see us again in two years. Judge Peters, Commissioner Berry and Commissioner Cauley also thanked Commissioner Konderla for the pleasure of serving with him even though it was not as long as they would like. Constable Lampo announced there will be a meeting tomorrow morning at 9:30 a.m. in the Commissioners' Courtroom with the local towing companies to discuss towing fees. 27. Call for Citizen input and/or concerns Jason Ware with Emergency Management reported that they are continuing to watch the drought conditions and said the KBDI Drought I ndex average is at 594, maximum at 668 and minimum at 465. Mr. Ware also announced 702 people were tested for COVI D-19 yesterday at the Brazos Center. He said it was the most people tested so far. 28. Adjourn. Vol. P9•1,57— The foregoing minutes of the Commissioners Court Meeting held November 10. 2020 have been examined and are approved in open Court this 8th day of December 2020, in Bryan, Brazos County, Texas. Duane Peters County Judge Russ Ford Commissioner, Precinct 2 Irm25C�'a'ull ey Commissioner, Precinct 4 Attest: Karen McQueen County Clerk Seve Aldrich Commissioner, Precinct 1 7NFancy Be Commissioner, Precinct 3 Vol. �� Pg. I5'b Pg 1 of Z BRAZOS COUNTY COMMISSIONER'S COURT /D DAY OF 20 zo Name FMIIISK13-1- i V MUM If 0 I f Organization (PLEASE PRINT) i i Pg-Z—of Z BRAZOS COUNTY COMMISSIONER'S COURT �r- DAY OF 20S -o, i�►'� ''' - i Name (PLEASE PRINT) Organization (PLEASE PRINT) Vol. 3i Pg. Lo BRAZOS COUNTY BRYAN, TEXAS RESOLUTION WHEREAS, a County Attorney of Brazos County may require the services of reserve Investigators in the performance of his duties; and, WHEREAS, the Texas Government Code § 41.102 states that the Commissioners Court of a county may authorize a County Attorney of the county to appoint reserve investigators. The Commissioners Court may limit the number of reserve investigators that the County Attorney may appoint; and WHEREAS, the Commissioners Court wishes to authorize the County Attorney to appoint reserve Investigators. NOW, THEREFORE, BE IT RESOLVED that the Commissioners Court of Brazos County, Texas does hereby authorize the Brazos County Attorney to appoint up to five (5) unpaid reserve Investigators. The title of these Investigators shall be "Reserve County Attorney Investigator". BE IT FURTHER RESOLVED, that the Commissioners Court of Brazos County, Texas requests that in lieu of notifying the Court of each appointment, that the Brazos County Attorney send to Commissioner Court a list of current appointed Reserve Investigators in December of each calendar year. APPROVED, this 10" of No be , 020 in B os County, Texas. T)rianP PP.iP.rs Steven H.W. Aldrich County Commissioner, Precinct 1 Nancy Berry County Commissioner, Precinct 3 A Vj Ka en McQueen, County Clerk County Judge Chuck Konderla Cou io grrecinct 2 a Cauley County Commissioner, inct 4 Statutes Related to the Appointment of Reserve Investigators of Brazos County Attorney's Office by the County Attorney CODE OF CRIMINAL PROCEDURE TITLE 1. CODE OF CRIMINAL PROCEDURE CHAPTER 2. GENERAL DUTIES OF OFFICERS Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace officers: (5) investigators of the district attorneys', criminal district attorneys', and county attorneys' offices; GOVERNMENT CODE TITLE 2. JUDICIAL BRANCH SUBTITLE C. PROSECUTING ATTORNEYS CHAPTER 41. GENERAL PROVISIONS SUBCHAPTER B. STAFF OF PROSECUTING ATTORNEY Sec. 41.101. DEFINITION. In this subchapter, "prosecuting attorney" means a county attorney, district attorney, or criminal district attorney. Sec. 41.102. EMPLOYMENT OF ASSISTANTS AND PERSONNEL. (a) A prosecuting attorney may employ the assistant prosecuting attorneys, Investigators, secretaries, and other office personnel that in the prosecuting attorney's judgment are required for the proper and efficient operation and administration of the office. The commissioners court may authorize a prosecuting attorney to appoint reserve Investigators. The commissioners court may limit the number of reserve investigators that a prosecuting attorney may appoint. A reserve investigator may accept other employment or compensation that does not impair the reserve Investigator's independence in the performance of the reserve investigator's duties for the prosecuting attorney. Sec. 41.109. AUTHORITY OF INVESTIGATOR. (a) An investigator appointed by a prosecuting attorney has the same authority as the sheriff of the county to make arrests anywhere in the county and to serve Vol. 3a P9.-l� anywhere in the state warrants, capiases, subpoenas in criminal cases, and all other processes in civil or criminal cases issued by a district court, county court, or justice court of this state. (b) An investigator is under the exclusive authority and direction of the prosecuting attorney and is not under the authority and direction of the sheriff. The prosecuting attorney is responsible for the official acts of his investigators and has the same remedies against his investigators and their sureties as any person has against a prosecuting attorney and his sureties. (c) An investigator may not draw a fee of any character for performing a duty prescribed by this section. Policy Subject Retired Peace Officer 1.0 Eligibility Requirements Effective Date: November 3, 2020 2.0 Certificate of Proficiency, Photo Identification Card, and Badge Policy The purpose of this policy is to establish procedures for honorably retired peace officers and qualified retired law enforcement officers ("retirees") of Brazos County Attorney's Office in accordance with the guidelines and rules set forth in the Texas Occupations Code. Procedures 1.0 Eligibility Requirements Any retiree wishing to obtain a Certificate of Proficiency from the Brazos County Attorney's Office must: 1. Meet the criteria as set forth in Subchapter H, Chapter 1101, and Section 1701.357 of the Texas Occupations Code. 2. Present a sworn affidavit to the Brazos County Attorney's Office which states that the officer has met the requirements. 3. Demonstrate firearms proficiency annually on a course of fire approved by the County Attorney. This course of five must meet the TCOLE minimum standards for all officers. Participating retirees must have a passing score of not less than 75% on the course of fire to participate in this program. 2.0 Certificate of Proficiency, Photo Identification Card, and Badge 1. This certificate will be clearly marked that the officer is a retiree and has met the requirements of Section 1701.357 of the Texas Occupations Code, and satisfactorily demonstrated weapons proficiency under Subsection (b) of Section 1701.357 of the Texas Occupations Code. 2. Retirees will be issued a Photo Identification Card by the Brazos County Attorney's Office which states that the officer has met the requirements and is authorized to carry a weapon. Retirees may also obtain a badge similar to the current badge of the Brazos County Attorney's Office. The badge for retirees must clearly state "RETIRED" on the top panel. Vol. �20� pg. q 3, The ID card with the officer's photograph will be clearly marked that the officer is an honorably retired peace officer or qualified retired law enforcement officer that has met the requirements of Section 1701.357 of the Texas Occupations Code, and is authorized to cant' a weapon. 4. This card will expire at the end of the County Attorney's term in office. 5. In order to maintain the Photo Identification Card, retirees must re -qualify within one year from the issuance date of their certificate of proficiency and obtain a new certificate of proficiency. 6. Retirees must carry the photo identification card anytime a handgun is carried under this policy. 7. The Brazos County Attomey's Office shall keep records on all officers participating in this Program. 8. The retiree understands that this license to carry a weapon as an Honorably Retired Peace Officer or Qualified Retired Law Enforcement Officer and is not a Texas Peace Officer License issued by the Texas Commission on Law Enforcement nor a commission to act as a County Attorney Investigator by the Brazos County Attorney's Office. 9. Any use of a weapon covered by this section by a retiree shall be reported to the Brazos County Attorney or Chief Investigator as soon as possible after the incident. APPROVED - 11/10/20 Duane Peters Date R dney W. Anderson County Judge Brazos County Attorney Vol. 3aa Pg. 11�� Statutes Related to the Issuance of a Certificate of Proficiency to a Honorably Retired Peace Officer or Qualified Retired law Enforcement Office by the Brazos County Attorney's Office CODE OF CRIMINAL PROCEDURE TITLE 1. CODE OF CRIMINAL PROCEDURE CHAPTER 2. GENERAL DUTIES OF OFFICERS Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace officers: (5) investigators of the district attorneys', criminal district attorneys', and county attorneys' offices; OCCUPATIONS CODE TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY CHAPTER 1701. LAW ENFORCEMENT OFFICERS SUBCHAPTER A. GENERAL PROVISIONS Sec. 1701.001. DEFINITIONS. In this chapter: (3) "Officer" means a peace officer or reserve law enforcement officer. (4) "Peace officer" means a person elected, employed, or appointed as a peace officer under Article 2.12, Code of Criminal Procedure, or other law. Sec. 1701.357; WEAPONS PROFICIENCY FOR QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS. (a) In this section, "qualified retired law enforcement officer" has the meaning assigned by 18 U.S.C. Section 926C. (a-1) This section applies only to a qualified retired law enforcement officer who is entitled to carry a concealed firearm under 18 U.S.C. Section 926C. P • . (b) The head of a state or local law enforcement agency may allow a qualified retired law enforcement officer who is a retired commissioned peace officer an opportunity to demonstrate weapons proficiency if the officer provides to the agency a sworn affidavit stating that: (1) the officer: (A) honorably retired after not less than a total of 10 years of cumulative service as a commissioned officer with one or more state or local law enforcement agencies; or (B) before completing 10 years of cumulative service as a commissioned officer with one or more state or local law enforcement agencies, separated from employment with the agency or agencies and is a qualified retired law enforcement officer; (2) the officer's license as a commissioned officer was not revoked or suspended for any period during the officer's term of service as a commissioned officer,. and (3) the officer has no psychological or physical disability that would interfere with the officer's proper handling of a handgun. (c) The state or local law enforcement agency shall establish written procedures for the issuance or denial of a certificate of proficiency under this subsection. The agency shall issue the certificate to a retired commissioned peace officer who satisfactorily demonstrates weapons proficiency under Subsection (b) and satisfies the written procedures established by the agency. The agency shall maintain records of any person who holds a certificate issued under this subsection. (c-1) For purposes of this section, proof that an individual is a qualified retired law enforcement officer may include a retired peace officer identification card issued under Subchapter H, Chapter 614, Government Code, or other form of identification as described by 18 U.S.C. Section 926C(d). (d) A certificate issued under this section expires on the first anniversary of the date the certificate was issued. (e) The head of a state or local law enforcement agency may set and collect fees to recover the expenses the agency incurs in performing duties under this section. (f) The amount of a fee. set by a county law enforcement agency under Subsection (e) is subject to the approval of the commissioners court of the county. A county law enforcement agency that collects a fee under Subsection (e) shall deposit the amounts collected to the credit of the general fund of the county. (g) A county law enforcement agency must obtain approval of the program authorized by this section from the commissioners court of the county before issuing a certificate of proficiency under this section. (h) The head of a state law enforcement agency may allow a qualified retired law enforcement officer, other than a retired commissioned peace officer, an opportunity to demonstrate weapons proficiency in the same manner as, and subject to the same requirements applicable to, a retired commissioned peace officer as described by Subsection (b). The agency shall establish written procedures for the issuance or denial of a certificate of proficiency under this subsection. The agency shall issue a certificate of proficiency to a qualified retired law enforcement officer who satisfactorily demonstrates weapons proficiency under this subsection and satisfies the written procedures established by the agency. The agency shall maintain records regarding the issuance of that certificate. VolF3 .�� fig• (i) On request of a qualified retired law enforcement officer who holds a certificate of proficiency under this section, the head of the state or local law enforcement agency from which the officer retired or most recently separated shall issue to the officer identification that indicates that the officer honorably retired or separated from the agency. An identification under this subsection must include a photograph of the officer. GOVERNMENT CODE TITLE 6. PUBLIC OFFICERS AND EMPLOYEES SUBTITLE A. PROVISIONS GENERALLY APPLICABLE TO PUBLIC OFFICERS AND EMPLOYEES CHAPTER 614. PEACE OFFICERS AND FIRE FIGHTERS Sec. 614.001. DEFINITIONS. In this subchapter: (3) "Peace officer" means an individual elected, appointed, or employed to serve as a peace officer for a governmental entity under Article 2,12, Code of Criminal Procedure, or other law. Sec. 614.124. HONORABLY RETIRED PEACE OFFICER. (a) On request of an honorably retired peace officer who holds a certificate of proficiency under Section 1701.357, Occupations Code, the law enforcement agency or other governmental entity that was the last entity to appoint or employ the honorably retired peace officer as a peace officer shall issue an identification card to the honorably retired peace officer. (b) The identification card must include: (1) the full name of the honorably retired peace officer; (2) a photograph of the honorably retired peace officer consistent with the honorably retired peace officer's appearance; (3) the name of the law enforcement agency or other governmental entity that issued the card to the honorably retired peace officer; (4) if applicable, the signature of the person authorizing the issuance of the card on behalf of the law enforcement agency or other governmental entity to the honorably retired peace officer; (5) a brief description of the honorably retired peace officer, including the honorably retired peace officer's height, weight, and eye color; (6) the thumbprint of the honorably retired peace officer or a bar code with a unique identification label for the honorably retired peace officer; (7) the date the honorably retired peace officer last served as a peace officer for the law enforcement agency or other governmental entity; (8) the date the law enforcement agency or other governmental entity issued the card to the honorably retired peace officer; and (9) a phone number operational 24 hours a day, seven days a week that a person may call to verify the validity of the Identification card. (c) On the identification card, the law-enforcement agency or other governmental entity that issues the card shall print: (1) "State of Texas" and the state seal; and va. 3a� Pg.10 � (2) "This identification card certifies that (insert name of honorably retired peace officer) is an honorably retired peace officer of (insert name of law enforcement agency or other governmental entity that last appointed or employed the honorably retired peace officer)." (d) The head of a law enforcement agency or other governmental entity that issued the identification card shall recover the identification card on the date the identification card expires. Sec. 614.1241. QUALIFIED RETIRED LAW ENFORCEMENT OFFICER. (a) On request of a qualified retired law enforcement. officer who holds a certificate of proficiency under Section 1701.357, Occupations Code, a law enforcement agency or other governmental entity in this state shall Issue an identification card to the qualified retired law enforcement officer If the law enforcement agency or other governmental entity: (1) was the last entity to appoint or employ the qualified retired law enforcement officer as a peace officer; or (2) appointed or employed the qualified retired law enforcement officer for 20 years or more and the officer is receiving retirement or pension benefits as a result of that service. (b) The identification card must include: (1) the full name of the qualified retired law enforcement officer; (2) a photograph of the qualified retired law enforcement officer consistent with the qualified retired law enforcement officer's appearance; (3) the name of the law enforcement agency or other governmental entity that issued the card to the qualified retired law enforcement officer; (4) if applicable, the signature of the person authorizing the issuance of the card on behalf of the law enforcement agency or other governmental entity to the qualified retired law enforcement officer; (5) a brief description of the qualified retired law enforcement officer, including the qualified retired law enforcement officer's height, weight, and eye color, (6) the thumbprint of the qualified retired law enforcement officer or a bar code with a unique identification label for the qualified retired law enforcement officer; (7) the date the qualified retired law enforcement officer last served as a peace officer for the law enforcement agency or other governmental entity; (8) the date the law enforcement agency or other governmental entity Issued the card to the qualified retired law enforcement officer, and (9) a phone number operational 24 hours a day, seven days a week, that a person may call to verify the validity of the identification card. (c) On the identification card, the law enforcement agency or other governmental entity that issues the card shall print: Vol. S3 Pg. _J,..L— (1) "State of Texas" and the state seal; and (2) "This identification card certifies that (insert name of qualified retired law enforcement officer) is a qualified retired law enforcement officer of (insert name of law enforcement agency or other governmental entity that last appointed or employed the qualified retired law enforcement officer)." (d) The head of a law enforcement agency or other governmental entity that Issued the identification card shall recover the identification card on the date the identification card expires. Sec. 614.125. EXPIRATION DATE. An identification card issued under this subchapter expires on a date specified by the law enforcement agency or other governmental entity issuing the card. Sec. 614.126. TAMPER -PROOF CARDS. An identification card issued under this subchapter must be, to the extent practicable, tamper -proof. Sec. 614.127. LOST OR STOLEN CARDS. If an Identification card issued under this subchapter Is lost or stolen, the law enforcement agency or other governmental entity that issued the card to the peace officer, reserve law enforcement officer, honorably retired peace officer, or qualified retired law enforcement officer shall issue a duplicate identification card to the officer if the officer submits an affidavit executed by the officer to the law enforcement agency or other governmental entity stating that the identification card was lost or stolen. NFA, 26 U.S.C. Chapter 53 THE NATIONAL FIREARMS ACT TITLE 26, UNITED STATES CODE, CHAPTER 53 INTERNAL REVENUE CODE CHAPTER 53 - MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS § 5845 Definitions. For the purpose of this chapter - (b) Machinegun. The term 'machinegun' means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single 95 function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and Intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are In the possession or under the control of a person. 18 U.S.C. § 921- U.S. Code Title 18. Crimes and Criminal Procedure Vol 3a�1 PB.�7L § 921. Definitions (a) As used in this chapter— (2) The term "interstate or foreign commerce" Includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through anyplace outside of that State. The term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone). (3) The term "firearm" means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not Include an antique firearm. (4) The term "destructive device" means— (A) any explosive, incendiary, or poison gas -- (i) bomb, (ii) grenade, (iii) rocket having a propellant charge of more than four ounces, (iv) missile having an explosive or incendiary charge of more than one-quarter ounce, (v) mine, or (vi) device similar to any of the devices described in the preceding clauses; (B) any type of weapon (other than a shotgun or a shotgun shell which the Attorney General finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and (C) any combination of parts either designed or intended for use In converting any device into any destructive device described in subparagraph (A) or (B) and from which a destructive device may be readily assembled. The term "destructive device" shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary.of the Army pursuant to the provisions of section 4684(2) , 4685, or 4686 of title M; or any other device which the Attorney General finds is not likely to be used as a weapon, is an antique, or is a rifle which the owner intends to use solely for sporting, recreational or cultural purposes. voo. 2��. pg.l'7a (17)(A) The term "ammunition" means ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm. (23) The term "machinegun" has the meaning given such term in section 5845(b) of the National Firearms Act ( 26 U.S.C. 5845(b) ). (24) The terms "firearm silencer" and "firearm muffler" mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication. 18 US.C. § 926C - U.S. Code Title 18. Crimes and Criminal Procedure § 926C. Carrying of concealed firearms by qualified retired law enforcement officers (a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified retired law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b). (b) This section shall not be construed to supersede or limit the laws of any State that -- (1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or (2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park. (c) As used in this section, the term "qualified retired law enforcement officer" means an individual who— (1) separated from service in good standing from service with a public agency as a law enforcement officer, (2) before such separation, was authorized by law to engage in or supervise the prevention, detection, Investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice); (3)(A) before such separation, served.as a law enforcement officer for an aggregate of 10 years or more; or (B) separated from service with such agency, after completing any applicable probationary period of such service, due to a service -connected disability, as determined by such agency; [VOL f,2- Pg,173 (B) includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms Act; and (C) does not Include— (i) any machinegun (as defined in section 5845 of the National Firearms Act); (ii) any firearm silencer (as defined in section 921 of this title); and. (iii) any destructive device (as defined in section 921 of this title); and (2) the term "service with a public agency as a law enforcement officer' includes service as a law enforcement officer of the Amtrak Police Department, service as a law enforcement officer of the Federal Reserve, or service as a law enforcement or police officer of the executive branch of the Federal Government. Vol. 3a pg.l�_ (4) during the most recent 12 -month period, has met, at the expense of the individual, the standards for qualification in firearms training for active law enforcement officers, as determined by the former agency of the individual, the State in which the individual resides or, if the State has not established such standards, either a law enforcement agency within the State in which the individual resides or the standards used by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State; (5)(A) has not been officially found by a qualified medical professional employed by the agency to be unqualified for reasons relating to mental health and as a result of this finding will not be issued the photographic identification as described in subsection (d)(1); or (B) has not entered into an agreement with the agency from which the individual is separating from service in which that individual acknowledges he or she is not qualified under this section for reasons relating to mental health and for those reasons will not receive or accept the photographic identification as described in subsection (d)(1); (6) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and (7) is not prohibited by Federal law from receiving a firearm. (d) The identification required by this subsection is— (1) a photographic identification issued by the agency from which the Individual separated from service as a law enforcement officer that identifies the person as having been employed as a police officer or law enforcement officer and indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the active duty standards for qualification in firearms training as established by the agency to carry a firearm of the same type as the concealed firearm; or (2)(A) a photographic identification issued by the agency from which the individual separated from service as a law enforcement officer that identifies the person as having been employed as a police officer or law enforcement officer; and (B) a certification issued by the State in which the individual resides or by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State that indicates that the individual has, not less than 1 year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State to have met— (i) the active duty standards for qualification in firearms training, as established by the State, to carry a firearm of the same type as the concealed firearm; or '(iI) If the State has not established such standards, standards set by any law enforcement agency within that State to carry a firearm of the same type as the concealed firearm. (e) As used in this section -- (1) the term "firearm" -- (A) except as provided in this paragraph, has the same meaning as in section 921 of this title; E 3a P9, ___1 Brazos County Job Description Last Updated: October 2020 RECEIVED O /+ r O gOno Template Revision 1.2 08/15/2012 Class Number: B1324 Title: Clerk I - County Clerk Records Management Pay Group: 13 Department: County Clerk Records Management Fund FLSA Status: Exempt Reports To: County Clerk Approved Date: EEOC Category: Officials and Administrators General'Summa : Performs a variety of clerical, cashier, and customer service activities related to the processing of county licenses, permits, certifications, bonds and other legal documents. Essential Duties: Other duties may be assigned. Responsible for the digitizing and indexing of County clerk's records; Maintaining list of records belonging to the County Clerk's Office that have been scanned; Maintaining list of scanned records destroyed according to the County Clerk's records retention schedule; Other duties as assigned by the County Clerk 0VED Duane Peters Date County Judge Other Duties as assigned. Supervision Received: From County Clerk Given' This job requires the supervision of department personnel Education Required: High school graduation or its equivalent, plus at least five years of experience; or any equivalent combination of education and experience which provides the required knowledge, skills and abilities. Preferred: Experience Required' To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: Certificates, Licenses, Re istrations Required: None Preferred: Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle; or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such, as books and stacks of records. Specific vision abilities required by this job include close vision, distance vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Standard office practices and procedures, rules and regulations relating to responsibilities, basic bookkeeping procedures and supervisory management. Organize and prioritize tasks to be assigned and completed; supervise, train, evaluates, and motivate employees; read and interpret policy, manuals, and written instructions; perform basic mathematical calculations; prepare concise and accurate reports; communicate effectively, orally and in writing; and work effectively and cooperatively with co-workers and the general public. Operate computers and standard office equipment; read manuals, journals and office memos, write letters, memo, and telephone messages; perform basic bookkeeping; balance statements and accounts. Reason and interpret laws, policies and procedures. 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. The employee is constantly required to work closely with others as a part of a team; to perform multiple talks simultaneously; to switch occasionally from tasks to another and to work under time pressures to meet deadlines. The employee is occasionally required to perform tedious exacting work. 9 vol. Say Pg. 01 Ar * * * * PUBLIC OFFICIAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, Russell C Ford of Bryan State of Texas as Principal and the Old Republic Surety Company Wisconsin , as Surety, with its Home Office in Brookfield are held and firmly bound unto Brazos County Treasurer No.LP05925457 Organized under the Laws of the State of in said state, , as Obligee, in the sum of Three thousand and no/100================== Dollars ($ 3.000.00** for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, SEALED AND DATED this 5th day of November , 2020 WHEREAS, the above-named Principal has been dulym poir}ted�xelected Commissioner, Precinct 2 ofthe County of Brazos State of Texas for the definitelindefinite term beginning on the and ending on the 31st day of December, 2022 12th day of November 2020 NOW, THEREFORE, the condition of the foregoing obligation is such, that if the above bounded Principal shall faithfully perform such duties as may be imposed on him by law and shall honestly account for all money that may come into his hands in his official capacity during the said term, then his obligation shall be void; otherwise to .remain in full force and effect; provided, however, that the Surety shall not be liable hereunder for any loss of public money deposited by or in behalf of the Principal with any bank when such loss is occasioned by the failure of such bank faithfully to account for and pay over such money on legal demand; any law, decision, or statute to the contrary notwithstanding. This bond is further conditioned that the liability of the Surety shall be fully terminated as to future acts of the Principal thirty (30) days after the receipt by the Obligee, of the Surety's written notice of cancellation. Witness: �LzlBy Principal Old Republic Surety Company S rety z, Witness: 4/SL O/,LQ__ wiz1/r�,-1 By Teresa Martin, Witness Carol Fonville Attorney -in -Fact ORSC 21202 (3/93) dol. �-1— p9. 178 *`�OLD REPUBLIC SURETY COMPANY POWER OF.ATTORNEY. KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: `CONNIE GROCHOLSKI, CAROL FONVILLE, KRISTEN BENFER, OF BRYAN, TX its dire and lawful Attorney(s)-in-Fact, with full power and authority; not exceeding 550,000,000, for and on behalf of the company as surety, to execute and deliver " and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than.bail 'bonds, bank depository bonds,' mortgage deficiency bonds, mortgage guaranty bonds," guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of,be iefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds'or black lung bonds), as folio"' 'ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby,:rind all of the acts of said Attoincys-in-Fact, pursuant to these presents, are ratified and confirmed. ,This document is not valid unless printedop colored background and is multi -colored. This appointment is made under and by authority of the board of directors ata special meeting held on February 18, 1982. This Power of-Attomey is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, hepresidenl,.any vice-president, or assistant.vice president, in conjunction with the secretary or any assistant secretary, may appoint' attomeys-m---fact or agents with authority as defined or limited in the instrument evidencing the appoinimeni in each case, for and on behalf of the company to, execute and deliver and affix the seat of the company to bonds;�undertakings, recogni ances, and suretyship obligations, of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond; undertaking, recognizance, or suretyship obligation shall be valid and,binding upon the Company (i) when signed by the president, any vice president or assistant vice president; and attested and 'sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and seated (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and scaled (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the.authority evidenced by the. Power of Attorney. issued by the. company to such person or persons. -.RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attomey or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance; or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS: WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 22ND day of MAY. 2019. , ao OLD REPUBLIC SURETY'COMPANY w r O,",, 6uNtT►!% SEAL STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS x'„,''``5 President On this 22ND day of MAY, 2019 personally came before me, Alan Pavlie' and Jane E Cherney to known to be the individuals and officers orthe OLD REPUBLIC SURETY COMPANY who executed tfie above ,instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. 1 iDutst.� t ` Notary Public' . ,::• My commission expires: 9/28/2022 CERTIFICATE (Expiration of notary commission does not Invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation; CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the; (ward of directors set forth in the Power of Attorney, are now in force. 89-4052 Signed and sealed at the City of Brookfield, Wl this :J 1' day of i= SEAL_a— �io1. ANNUAL PEOPLEWARE AGREEMENT THIS AGREEMENT is made and entered into as of November 1, 2020, by and between Computer Information Concepts, Inc. 2843 31St Avenue Greeley, Colorado 80631 a Colorado Corporation, hereinafter referred to as "CIC" and Brazos County 4151 County Park Court Bryan, TX 77802-2465 hereinafter referred to as "Customer". WITNESSETH: WHEREAS, CIC has determined to provide Customer access to support, enhancements and training for Customer's computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment, hereinafter referred to as "Annual PEOPLEWARE" and additional products and/or services Customer may request in the fixture, to maintain or enhance Customer's automation environment, hereinafter referred to as "Products / Services"; and WHEREAS, Customer has elected to purchase CIC's Annual PEOPLEWARE as evidenced on Exhibit A, attached hereto and by this reference made a part hereof, and in the future may purchase additional Products / Services, as will then be evidenced on Exhibit B(s), "SAMPLE" attached hereto and by this reference made a part hereof. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree that CIC will deliver Annual PEOPLEWARE to Customer, twenty-four (24) hours/day, seven (7) days/week. ANNUAL PEOPLEWARE A. Hardware Maintenance - CIC will assist in problem determination and cooperate with Customer and Customer's maintenance personnel to maximize up time. Although CIC may recommend computer hardware maintenance options, actual agreement execution and resultant costs, remain Customer's responsibility. Emergency Backup - CIC will provide personnel to assist Customer in locating backup computer hardware; coordinate the temporary relocation of Customer's operating / application systems / data and assist in Customer's emergency processing, at CIC's then current hourly rate. Page 1 of 8 IV- P g. Lb0 1 B. Software Operating Systems — CIC trained personnel will promptly respond / resolve all connectivity and communication questions, problems, etc. encountered in the use of your hardware, operating systems, local area and wide area networks, including hubs, routers, VPN devices, communication lines, etc. and will inform, recommend and assist you in ordering / pre -testing all future operating system releases, enhancements and/or program temporary fixes from CIO's vendors necessary to maintain your hardware at a level supportable by CIC. Application Systems — CIC develops and maintains a working knowledge of not only the Application Systems, but more importantly, how each of our many features are currently used in your operation, permitting our PEOPLEWARE Team's active participation in recommending procedural changes necessary to increase utilization of our new features and enhancements as they become available. Following initial implementation, CIC will continue to inform, recommend and assist in ordering, providing and pre -testing all new Application System Releases, Enhancements and/or Program Temporary Fixes from CIC's vendors, as necessary, to maintain your software at a level supportable by CIC. Future Releases / Enhancements / Program Temporary Fixes — CIC will inform, recommend and assist Customer in ordering / pre -testing all future operating or application system releases, enhancements and/or program temporary fixes from CIC and CIC's vendors necessary to maintain Customer at a level supportable by CIC. Actual acquisition and/or on-site installation / implementation costs for such future releases, enhancements and/or program temporary fixes remain Customer's responsibility unless specifically included on Exhibit A. C. PEOPLEWARE "INSTANT Response" — Customers utilizing our "Internet Accessible" Annual PEOPLEWARE System (APS) to log support calls by "Task Code" - Twenty -Four (24) Hours/Day — Seven () Days/Week, may enter their specific questions and/or concerns in their own words, attach all related screen / report images for further clarification, select priority / maximum response times of IMMEDIATE, 2, 4 or 8 working hours and receive automatice-mail updates triggered by every support call action. 1. APS provides retrieval / displays CIC's resolution documentation for a date range within the same "Task Code" to our staff, providing immediate resolution for a high percentage of your support calls along with excellent cross training to prevent related calls in the future. 2. Our APS "Quick Reference" also provides Customers instant access to our most current Web Based Documentation for your specific "Task Code", saving you valuable time normally spent looking for your current copy of CIC's manual or the applicable section, page and paragraph. 3. APS enables our Customers to confirm CIC's open support call status (Internet & Telephone), reassignment, escalation and projected resolution date /time plus provide an opportunity for our Customers to add additional information to their original open call(s) at any time. 4. When requested, APS displays a list of current "PeopleWires", which describe CIC known problems / issues communicated to our Customers. If a CIC program temporary fix (PTF) is available, our FTP location and automatic downloading instructions will be provided. Otherwise, CIC's recommended "temporary work around" with instructions can be viewed and printed, along with our current estimated PTF availability. Page 2 of 8 va. 3 a `i Pg. \(�1 S. Finally, using APS, Customers are provided the ability to access their Support Issues, along with all associated Actions and Resolutions, that have been closed within the past year by "Keyword", Date Range and/or Reference Number. Toll Free Access — CIC will continue to provide Customer with toll free telephone access plus CIC's assistance in entering Customer's questions / concerns and requested maximum response time of 2, 4 or 8 working hours into CIC's Annual PEOPLEWARE System. Support — In summary, CIC will provide the computer hardware, operating and application systems, communication networks and/or other related support necessary to assure Customer's optimum utilization of existing / future functionality regardless of Customer's employee turnover, reassignment and/or future operating or application system releases, enhancements and/or program temporary fixes, by telephone, "DESKTOP Response" and/or "ON -DEMAND Response unless, dependent upon severity, expediency and other pertinent factors, CIC determines to travel to Customer's location. Tra_Traninp, - CIC will also provide the computer hardware, operating and application systems, communication networks and/or other related training necessary to assure Customer's optimum utilization of existing / future functionality regardless of Customer's employee turnover, reassignment and/or future operating or application system releases, enhancements and/or program temporary fixes, at CIO's then current telephone / "DESKTOP Response" / "ON -DEMAND Response" hourly rates or regional workshop / on-site daily rates. Problem Identification / Vendor Communication - Customer assumes responsibility for identifying probable cause and providing additional information as required, to assist CIC and CIC's vendors in resolving Customer's questions / concerns. CIC assumes exclusive responsibility for communicating and coordinating with all vendors in resolving Customer's questions / concerns. Products / Services - CIC will maintain the configuration, system / communication schematics, file utilization and staff knowledge necessary to assure the continuing compatibility of any Products / Services purchased from CIC with Customer's existing computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment. Site Evaluation - CIC will periodically review and discuss Customer's satisfaction with the Annual PEOPLEWARE and Products / Services provided by CIC and CIC's vendors, the effectiveness of Customer's computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment and recommend additional Annual PEOPLEWARE and/or Products / Services for Customer's consideration. GENERAL DelDel very - Although CIC may assist Customer in purchasing and coordinating the timely delivery and installation of Products / Services from CIC's vendors, CIC shall not be liable for any damages, penalty for delay in delivery and/or failure to give notice of delay when such delay is due to acts of God, delay in transportation, delay in delivery or any other causes beyond the reasonable control of CIC. Access - Subject to statutory or Customer determined limitations, Customer agrees to permit CIC's employees access to Customer's computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment including access to Customer's Internet connection and a telephone, for purposes of performing CIC's obligations under this Agreement. Page 3 of 8 Vol. 3a� Pg. 1�)a Customer further agrees to make its employees available to CIC at Customer's location to facilitate effective implementation / utilization of Annual PEOPLEWARE and/or Products / Services and understands that failure to do so can result in additional CIC effort / time, which may be billable to Customer. Non -Disclosure - CIC and Customer acknowledge confidential information considered proprietary by one of the parties may be furnished by it to the other party from time to time in the performance of this Agreement. CIC and Customer agree to not discuss, reveal or provide such confidential information except to the extent disclosure is required by law or by an order of a court of competent jurisdiction. The parties further agree the proprietary nature of CIO's Annual PEOPLEWARE procedures and related documentation are of substantial importance and it shall be Customer's obligation to protect said procedures and related documentation from unauthorized disclosure or use and to destroy all such confidential information upon the expiration or termination of this Agreement. Additional Expenses — All miscellaneous expenses incurred by CIC, i.e., travel, mileage, lodging and meals are additional and will be invoiced at cost and paid monthly to CIC by Customer upon receipt of invoice, unless otherwise stated herein. Financial Liability — Each party shall be solely responsible for any Iiability resulting from that party's negligence. Ownership - Customer will defend and indemnify CIC against any claim or legal proceedings with regard to Customer's proprietary rights to use all computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment. CIC will defend and indemnify Customer against any claim or legal proceedings with regard to CIC's proprietary rights to provide the Annual PEOPLEWARE and Products / Services delivered in this Agreement subject to CIC's and CIC's respective vendor software license agreements, which CIC shall provide and Customer agrees to sign. Warranty and Limitation of Remedy - CIC warrants the Products provided hereunder will perform according to the respective vendor's and CIC's published specifications, that any and all such warranties provided by the manufacturers or original vendors shall be passed on and inure to the benefit of the Customer. CIC further warrants the Annual PEOPLEWARE and Products / Services provided under this Agreement will not prevent the Customer's computer hardware, operating and application systems, communication networks and/or other related areas of Customer's automation environment from operating and providing the functionality previously available to Customer. The warranty stated herein shall survive during the entire term of this Agreement. The aforesaid warranty and CIC's obligation and liabilities thereunder are in lieu of, and Customer hereby waives, all other guarantees and warranties and all obligations and liabilities thereunder, expressed or implied arising by law or otherwise, including without limitation any implied warranty of fitness for a particular purpose or of merchantability, and all obligations and liabilities with respect to loss of use, indirect and consequential damages including but not limited to loss of profits or revenue, loss of use of equipment, costs of substitute equipment, or other down-time costs. Customer agrees CIC's maximum liability will be limited to the EXHIBIT A - ANNUAL PEOPLEWARE TOTAL CIC received in the most recent year, minus any funds owed or disbursed for support and enhancements. Page 4 of 8 P0. s Vol F 1. Non -Employment - Independent of any other obligation under this Agreement, CUSTOMER and CIC agree to not intentionally, whether directly or indirectly, whether as an individual for its own account, for or with any other person, firm, corporation, partnership, joint venture, association, organization, or other entity whatsoever, interview or attempt to employ, contract with or otherwise obtain the services of a current or former employee of the other party without such party's approval, for a period of one (1) year after completion of this Agreement. The interviewing company agrees to inform the employee that notification must be made to their current (or past) employer prior to any offer being extended to the individual. This provision is not intended to restrict the civil rights or liberties of any private individual, but to curtail counter productive human resource depletion of one (1) party for the advantages of the other party while both parties have rights and obligations under this Agreement. Execution / Term - This Agreement is in full force and effect as of the date of execution, for one (1) year from the day and year first above written and shall be considered renewed annually by CIC's issuance of an invoice for this same EXHIBIT A - ANNUAL PEOPLEWARE TOTAL or in subsequent years, CIC's revised EXHIBIT A - ANNUAL PEOPLEWARE TOTAL and invoice paid by Customer, within thirty (30) days of each renewal date. Notwithstanding the foregoing, Customer may terminate this Agreement for cause upon ninety (90) days written notice to CIC and the EXHIBIT A - ANNUAL PEOPLEWARE TOTAL received by CIC in the most recent year, minus any funds owed or disbursed for support and enhancements, prorated through the date of such termination, returned to Customer, providing CIC is given such ninety (90) days to resolve the issues at hand to Customer's satisfaction. Either party may also terminate this Agreement in writing, at least ninety (90) days prior to each renewal date. Governing Law - This Agreement constitutes the entire Agreement between the parties, and shall be construed in accordance with the laws of the State of Texas. Waiver — The waiver of one breach or default hereunder shall not constitute the waiver of any subsequent breach or default. Assi nin — This Agreement shall be binding upon and shall inure solely to the benefit of the parties hereto and their respective successors in interest and not for the benefit of any other person or legal entity. Although CIC may assign data translation, installation, training, support and enhancement development to its vendors, distributors and/or subcontractors, CIC shall at all times be responsible for their performance. Entire Agreement - The Agreement and the attachments hereto represent the entire agreement between the parties and shall supersede all existing contracts and/or agreements previously executed between said parties, with respect to the subject matter hereof. All parties have negotiated this Agreement at arms length, and no party shall be deemed as the drafter of the Agreement for purpose of interpreting any potential ambiguities in,the Agreement and each provision and Exhibit hereof, may be modified only in writing duly executed by all parties. In the event Customer issues a purchase order or other instrument for the Annual PEOPLEWARE and/or Products / Services herein specified, it is understood and agreed that such purchase order or other instrument is for the Customer's internal use and purpose only and shall in no way affect any of the terms and conditions of this Agreement. Page 5 of 8 i Status - CIC shall be considered an independent contractor, and this Agreement does not constitute or imply that CIC is or will be an employee of Customer. Insurance -- During the term of this Agreement, CIC shall carry and maintain Workmen's Compensation and Employer's Liability Insurance covering its employees in accordance with statutory requirements applicable to the performance of its business. Subject Headings - The subject headings of the paragraphs of this Agreement are included for purposes of convenience only, and shall not affect the construction or interpretation of its provision. Severability - In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of this Agreement shall continue to remain in effect. Notices - The notices to be given under this Agreement shall be made in writing and shall be sufficient if delivered personally or mailed by First Class United States Mail, postage prepaid, to the other party at the address previously indicated. The parties hereto have executed this Agree an77! 1d y ar first a ve itten. By: '�I A*;tCr. By: Computer Information Concepts, Inc: Brazos County, Texas Page 6 of 8 Vol. pg. It s EXHIBIT A Annual PEOPLEWARE Agreement by and between Computer Information Concepts, Inc. (CIC) and Brazos County, Texas, dated November 1, 2020 ANNUAL PEOPLEWARE $ .00 Support —Operating Systems $ .00 — Server Farm "Without an On -Site Full Time Network Technician" $ .00 — Personal Computer / Server, Department and/or County File Server(s) "With an On -Site Full Time Network Technician" $ 750.00 — Department / County with Maximum of Six (6) Hardware Devices "Without an On -Site Full Time Network Technician" $ 1,500.00•— Personal Computer / Server or Department File Server "Without an On -Site Full Time Network Technician" $ 2,500.00 — County File Server(s) "Without an On -Site Full Time Network Technician" CIC trained personnel will promptly respond by telephone, DESKTOP Response and/or ON -DEMAND Response to all connectivity and communication questions, problems, etc. encountered in the use of your hardware, operating systems, local area and wide area networks during operation of the following Application Systems and will inform, recommend and assist you in ordering / pre -testing all future operating system releases, enhancements and/or program temporary fixes from CIC's vendors necessary to maintain your hardware at a level supportable by CIC. On -Site operating system support and installation / configuration of new equipment is additional and will be invoiced in one (1) hour increments at CIC's then current travel & on-site hourly rates plus mileage, lodging and meals at cost and paid monthly to CIC by Customer upon receipt of invoice. 5,220.00 Support — Application Systems 5,020.00 Tax Collection Accounting (General Ledger, Banking & Investments, Daily Statement Balancing, PACS Integration, Cash Receipting, Taxes Payable) 200.00 INSTANT Sharing/ Seat —Four (4) Seats 880.00 Enhancements — Application Systems 880.00 Tax Collection Accounting (General Ledger, Banking & Investments, Daily Statement Balancing, PACS Integration, Cash Receipting, Taxes Payable) (260.00) Annual Peopleware INSTANT Response Support Call Log Credit — 97.46% Logged $ 5,840.00 ANNUAL PEOPLEWARE TOTAL r I Page 7 of 8 MH "SAMPLE" EXHIBIT B# Annual PEOPLEWARE Agreement by and between Computer Information Concepts, Inc. (CIC) and Brazos County, Texas, dated November 1, 2020 PRODUCTS / SERVICES TO BE PROVIDED: Description Otv Retail Discounted TOTAL RETAIL PRICE Sx,xxx.xx TOTAL EXHIBIT PRICE Sx,xxx.xx Miscellaneous Expenses, i.e.; travel, mileage, lodging, meals, etc., at cost, will be paid by Customer upon receipt of a separate CIC invoice. SCHEDULED DELIVERY: It is anticipated the Products / Services will be delivered / provided within thirty (30) days after CIC's receipt of this signed exhibit and your Check or Purchase Order. ACCEPTANCE / PAYMENT TERMS: IIN To complete the ordering process, please: Mail a signed copy, of this Exhibit along with your Check for the Total Exhibit Price to 2843 31 st Avenue, Greeley, Colorado 80631 2. Fax a signed copy of this Exhibit along with your Purchase Order for the Total Exhibit Price to (970) 330-0839. Full Payment will then be due and payable upon delivery of the Products / Services. Failure to execute within twenty (20) days will render this Exhibit null and void. Computer Information Concepts, Inc. Exhibit Date LO -M Page 8 of 8 Customer Acceptance Date 2843 31 st Avenue Greeley, CO 80631 1-800-437-7457 Computer Information Concepts September 10, 2020 Ms. Connie French Auditor's Office Brazos County 4151 County Park Court Bryan, TX 77802-2465 Dear Ms. French, Please sign both copies of our enclosed Annual Peopleware Agreement (page 6), retaining one (1) copy for your files and returning the remaining copy along'with your payment in the amount of $5,840.00 before November 1, 2020, to continue accessing Annual PEOPLEWARE via www.cicesp.com or toll free at (800) 437-7457— Twenty-Four 37-7457— Twenty-Four (24) Hours/Day — Seven (7) Days/Week!! "INSTANT Response" — Customers utilizing our "Internet Accessible" Annual PEOPLEWARE System (APS) to log support calls by "Task Code" - Twenty -Four (24) Hours/Day — Seven (7) Days/Week, may enter their specific questions and/or concerns in their own words, attach all related screen / report images for further clarification, select priority / maximum response times of E%UdEDIATE, 2, 4 or 8 working hours and receive automatic e-mail updates triggered by every support call action. 1. APS provides retrieval / displays CIC's resolution documentation for a date range within the same "Task Code" to our staff, providing immediate resolution for a high percentage of your support calls along with excellent cross training to prevent related calls in the future. 2. Our APS "Quick Reference" also provides Customers instant access to our most current Web Based Documentation for your specific "Task Code", saving you valuable time normally spent looking for your current copy of CIC's manual or the applicable section, page and paragraph. 3. APS enables our Customers to confirm CIC's open support call status (Internet & Telephone), reassignment, escalation and projected resolution date [time plus provide an opportunity for our Customers to add.additional information to their original open call(s) at any time. 4. When requested, APS displays a list of current "PeopleWires", which describe CIC known problems / issues communicated to our Customers. If a CIC program temporary fix (PTF) is available, our FTP location and automatic downloading instructions will be provided. Otherwise, CIC's recommended "temporary work around" with instructions can be viewed and printed, along with our current estimated PTF availability. Page 1 of 2 . 5. Finally, using APS, Customers are provided the ability to access their Support Issues, along with all associated Actions and Resolutions, that have been closed within the past year by "Keyword", Date Range and/or Reference Number. "DESKTOP Response / Resolution" — Actively participate in resolution of your support, enhancement and training issues without the wasted time and expense previously required to travel on-site. Using state of the art web conferencing technology, our technical support staff can immediately "observe" your desktop from our office, significantly reducing the time and effort required to resolve issues and provide just -in time training without the wasted time and expense our competitors still charge for traveling to your location — , "BETTER THAN ON-SITE"! "ON -DEMAND Response / Resolution" — Access pre-recorded software demonstrations / training sessions, etc, from your standard Internet browser. Available from the right side of our home page, ON -DEMAND Response initially provides a list of all sessions currently available. After selecting the demonstration / training session of your choice and entering a password provided by CIO's Resource Development and/or PEOPLEWARE Staff, you may view the selected software demonstration or training session, including audio and video of the presenter and their related presentation materials, whiteboards, PC desktop, software _ applications, etc. necessary to convey their message. Session player controls including pause, rewind, and fast forward further provide you control over playback for maximum time management. "AT YOUR CONVENIENCE & AS MANY TIMES AS YOU LIKE!" Finally, our Annual Peopleware Agreement includes all regulatory, user defined and vendor enhancements identified, prioritized and approved by our Users during our "free" Annual User Symposium, or as needed during the year by your Enhancement Review Team Representatives. Although our enhancements are normally delivered annually, along with our Task Based, Internet Accessible User Manuals, the actual enhancements to be included and the date of each release is also determined by our Users. While our annual charge for enhancements is also determined and approved annually by our Users, CIC further guarantees to deliver any and all State / Federal regulatory enhancements, regardless of cost, without any additional charge to our Customers. Guaranteed Response Time - Our PEOPLEWARE and Technical Teams guarantee a maximum of IMMEDIATE 2, 4 or 8 hour response to any questions, problems, etc. encountered during your utilization of our Automation Solutions. CIC also assumes exclusive responsibility for communicating and coordinating with all vendors, as may be necessary, in resolving your problems. In summary, CIC's "Total Solution Plan" delivers all three (3) "Wares"; hard, soft & PEOPLE --- 24 HOURS / DAY - 7 DAYS / WEEK!!! Sincer ly, Melayna Clark-Rael mclark-rael@cicesp.com MCR or (800) 437-7457, ext. 157 Enclosures Page 2 of 2 �0� aq-q VC, 1 Brazos County Purchasing, Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 November 4, 2020 Mustang Rental Services 8206 W. SH 21 Bryan, TX 77807 Re: Renewal of Contract #21-095R, Heavy Equipment Rental, previously known as 20-095R, 19- 105R and 18-109. 1. Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for 21-095R, Heavy Equipment Rental, previously known as 20-095R, 19-105R and 18- 109. All terms, conditions, and pricing shall remain the same. This renewal term will be for one year from March 18, 2021 through March 17, 2022. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to lmaness@brazoscountytk.gov or fax to (979) 36111293. Please then submit the original signed documents and an updated Certificate of insurance by mail or email to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979)361-4284. Contact Name: �+'t -�C �y �2Q : Title: E-Mail:�CY1UI e(UIIN/St�?i�rj!g1 'ov" Telephone: J MUSTANG RENTA VICES Authorized SiLFnature Date BRA S COUN l/ o Duane Peters, County Judge Date von. 3a�1 pg. X90 Bid # 21-095R HEAVY MACHINERY RENTAL Previously known as 20-09SR,19-10SR and 18.109 March 18, 2020 through March 17, 2021 TYPE OF EQUIPMENT MUERVICESI HERC RENTALS NUECES POWER EQUIPMENT - :8ACKHOEIL'OADFR-93HP, - - - -- MAKEIMODEL aS4 ■AC JOHN DEERE 310J OR EQUAL CASE 680 SN 1 MONTHLY $2,048.00 $2,268.00 WEEKLY iW:N $809.00 $898.00 DAILY $2173b $244.00 $299,00 SMALL CRAWLER TRACTOR W16 WAY ai °'BLADE, 64NP 2 MAKEOdODEL CatD1K No Bid No Bid MONTHLY WEEKLY DAILY 2 --- -.CRAWLER _ TYPE TRACTOR; BOHP - 3 MAKEIMODEL CN' `XL No Bid CASE 650 MONTHLY '2 ' $4,702.00 WEEKLY 51,567.00 DAILY �. $523.00 CRAWLERTYPETRACTOR, 140HP " �CiO 4 MAKEIMODEL- �'CaG Ak No Bid UESHERR PR M4 MONTHLY $9,405.00 WEEKLY DAILY 100 53,135.00 $1,045.00 - .CRAWLER TYPE LOW GROUND PRESSURE'. ` >. T'RA¢TOR,140 HP._ - 5 MAKEIIKODEL No Bid LIEBHERR PR716 LOP 125 HP MONTHLY $7,126.00 WEEKLY _y I $2,375.00 DAILY $793.00 DISC PLOWS •36HINGEOFPSET 6 MAKE(MODEL —, No 81d No Bid MONTHLY 1' WEEKLY DAILY ,CRAWLER'TYPE LOADER 1.112 YARD BUCKET. t, - 7 MAKEIMODEL GM $M' No Bid No Bid MONTHLY WEEKLY DAILY .WNEELEDTYPE .LOADER 1-1/2 YARD BUCKET. SO Hp B MAKEIMODEL CN �7$w - loiida MONTHLY No Bid LIEBHERR L628 2.5 CU YD 125 HP $5,130.00 WEEKLY 81,710.00 DAILY $570.00 PNEUMATIC ROLLER. IB TONS, 9 WHEELS,- - - ' 9 IMONTHLY MAKEIMODEL OK- - No Bid HA MM GRW 18.10 1' ' $3,375.00 - WEEKLY $1,125.00 DAILY 141 $375.00 •SOILCOMPAQTOR VIBRATORY, PADDED DRUM, 25 TONS 84"; - 1 - - - - 10 MAKEINIODEL�ONWN No Bid HAMM 111 PAD MONTHLY $3,375.00 WEEKLY �� $1,125.00 DAILY • $325.00 . SOIL COMPACTOR, VIBRATORY, SMOOTH- - ::-,.DRUM,25TONS.84` 11 MAKEIMODEL fii MONTHLY$3,195.00 No Bid HAMM 111 SMOOTH WEEKLY $1,065.00 DAILY $355.00 'a ASPHALT RECYCLER, BOMAGMPH 100 OR EQUIVALENT - - 12 MAKEIMODEL 'RN30iR No Bid WIRTGEN WR200XLI MONTHLY 1 $15,550.00 WEEKLY 7,600,00 DAILY PULVER MIXER 13 MAKEIMODEL No Bid No Bid MONTHLY WEEKLY DAILY Vol. Pg• ��.s Vol. Sa� pg. 09 TYPE OF EQUIPMENT VUSTANGj9WfVA1!%ERViCESR HERC RENTALS NUECES POWER EQUIPMENT ...-:WATER TRUCK,1,200'• 2,000 GALLON"- - CAPACITY. -.:.'- MAKEMODEL f0110'FTM,WAT j7RUCK INTERNAT104200 OR EQUAL 14 MONTHLY $2,756.00 WEEKLY $1,103.00 No Bid DAILY $342.00 MAKEIMODEL 120M CASE 883220 HP 15 MONTHLY t $8,265.00 WEEKLY Y.iOi: No Bid $2,76S.00 DAILY 1 $918.00 EXCAVATOR, 26 TONS. 1 318 YARD BUCKET;- - MAKEIMODEL CM'S Lit, UEBHERR R922 16 MONTHLY ' $6,070.00 WEEKLY �, NO Bid 2,024.00 DAILY $675.00 SELF-PROPELLED MECHANICAL BROOM- 17 MAKEIMODEL BROCE CRT350 0R EQUAL BROCE 4M RC350 MONTHLY f $1,701.00 $2,361.00 WEEKLY $735.D0 $784.00 GAILY 1 $268.00 261.00 TAMPER MAKE . BOMAG,13T 68 VIBRATOR (OR_ EQUIV). MAKEIMODEL- BuNIQWp' 0� 18 MONTHLY No Bid No Bid WEEKLY DAILY CAT" 06D (OR EQUM 140 HP CLEARING DOZER . ;` (; �; C _ - •. -. , ' - WIRAKE MAKEIMODEL $)umm<CA iYI+ 19 MONTHLY 1 WEEKLY ,' 1 No Bid No Bid DAILY RAMMAXTRENCHCOMPACTORWALKBEHIND _ .. - .. MAKEIMODEL 20 MONTHLY WEEKLY 1 No Bid No Bid DAILY 1 RAMMAXREMOTE TRENCH COMPACTOR- >. .:WIDTH W33- MAKEIMODEL 21 MONTHLY $1, $1,366.00 WEEKLY — I $47300 No Bid DAILY $168.00 AIR COMPRESSOR 185'CFM 22 MAKEIMODEL DM 1u ATLASCOPCO 185CFM OR EQUAL Dowan 185 MONTHLY WEEKLY $195.Do SKID STEER LOADER (BOBCAT) MIN 58HP 6; `'• - YD,,'(112 YD).G P BUCKET WITH TRACK NOT . - _ WHEELS: 23 MAKENODEL CAT MSD OR01' TAKEUCHI 2064050 SE STD OR EQUAL CASE TR 310 DAILY $226.00 $247.00 "SKID STEER LOADER (BOBCAT) MIN 58 HP;; 6•' YD, (112 YD) G P'BUCKET WITH WHEELS NOT . TRACKS .. - . 24 MONTHLY 1; $1,045.00 $1,496.00 WEEKLY $415.00 $499.00 DAILY S173.00 $166.00 RUBBER TIRE LOADER,WIHAMMERS 'A ADERSDiAMMER r 1000* IE 25 MAKEIMODEL ■sem ul" e CASE 580 MONTHLY "MEN@S ! ,489.00 WEEKLY_ �I No Bid $1,496.00 DAILY $499.00 > LOW GROUND PRESSURE TRACTOR 80 HP;, ;- - P.A.T.BLADE47,8008 '; 26 MAKEfMODFL CAT 634C1,'W CASE 650 MONTHLY 1 $4,702.00 WEEKLY 1; No Bid $1,569.00 DAILY $522.00 Vol. Sa� pg. 09 TYPE OF EQUIPMENT EMUSTANGIREINTAOSERVICESS HERC RENTALS NUECES POWER EQUIPMENT CO'WGROUND PRESSURETRACTOR, 90 HP PJ LT.-- BLDE-20,2003. - /..• 27 MAKEfMODEL MONTHLY WEEKLY 1' No Bid No Bid DAILY t •-.SPECIALTY EXCAVATOR LONG REACH 40' -'" • - - 'REACH,48`0"DEPTH 28 MAKEIMODEL LINK BELT CX250 MONTHLY �_; $12,825.00 WEEKLY _• No Bid $4,276.00 DAILY :{0 $1,426.00 " SPECIALTY. EXCAVATORS W7THUMB ; .:ATTACHMENT MAKEIMODEL kTOK, LIESHERR R210 29 MONTHLY No Bid $7,396.00 WEEKLY 1; $2,266.00 DAILY $736.00 PAVING' BREAKERS,'90 LBS.(AIR OPERATED), MAKEIMODEL CP 1 118 OR EQUAL 30 MONTHLY $236.00 WEEKLY $100.00 No Bid DAILY I $37.00 - REACH LIFT 6000 t CAP,ACfTY - - - MAKEIMODEL 'GAT, JCB 607 OR EQUAL 31 MONTHLY { $2,048.00 WEEKLY $840.00 Na Old GAILY $289.00 "MINI EXCAVATOR 18 HP 6' 10 " DEPTH , 32 MAKEIMODEL C T 7{L7 JOHN DEERE 26G OR EQUAL CASE CX17 MONTHLY �_p ' $1,449.00 $1,498.00 WEEKLY $641.00 $199.00 DAILY iI : $167.00 $166.00 MINI.EXCAYATOR, 30 HP, ,PP. 11" DEPTH- 33 MAKEIMODEL Go BOBCAT 331 OR EQUAL CASE CX31 MONTHLY 1;,� $1,486.00 $1,995.00 WEEKLY 5871.00 $685.00 DAILY- 1 $186.00 $223.00 ":.E XCA VAT OR 39 TON; 270 HP - - MAKEIMODEL it UEBHERR RO24 34 MONTHLY ' $9,40S.00 WEEKLYNo Bid $3,135.00 DAILY $1,045.00 SPECIALTY24TONEXCAVATOR_W5000S .. HAMMER:.:',. - - - 35 MAKEIMODEL �CI1fir1MiY,W,NAi/rKR LIEBHERR 8210 MONTHLY Iff,1� - :M $13,252.00 WEEKLY $t.N$:W No Bid $IA7J.00 DAILY t1;i$2.N $1A72.00 `=CRAWLER DOZER, 200 HP, STRAIGHi.W TILT - BLADE MAKEIMOOELOA7OR XL'CAEAIR - LIESHERR PR736 36 MONTHLY >i ; i:W 1 $9,975.00 WELY EK $ 'NO:W No Bltl $3„726.00 DAILY £M $1,235.00 7,25 TON ARTICULATED OFF ROAD TRUCK 309 HP • - " MAKEIMODEL CA 77{ 37 MONTHLY WEEKLY _ '0{ No BId No Bid DAILY {{ . REACH. - .. 38 MAKEIMODEL ' T JCB 509-42 OR EQUAL PETnBORE 944 MONTHLY 'q 52,625.00 $3,420.00 WEEKLY { $953.00 $1,140.00 DAILY tE:W $327.00 $380.00 . MAN BUgKET (WORK BASKET( SUSPENDED WITH TOP COVER STANDARD MODEL'-- ' 39 MAKEIMODEL MONTHLY WEEKLY No Bid No Bid No Bid DAILY 1:vol.-3�q Pg. 1q± TYPE OF EQUIPMENT iWSTAkCi AL tERV1GES HERC RENTALS NUECES POWER EQUIPMENT 5 ' 65 HP EXCAVATO_R,WITH 13 ;• T.,DK} DEPTH ;- MAKEIMODEL �CATrAg@19 AVAT,OR� KUBOTA 10(0040 OR EQUAL 40 MONTHLY $3,525.00 WEEKLY N/3:0/ $1 Sts 00 No Bid GAILY $2N!N $525.00 ,e 0HP EXCAVATOR WITH.19'-10'DIG DEPTH - + - - MAKEIMODEL CAT $W VATdR JOHN DEERE 20ODLC OR EQUAL 41 MONTHLY '$N:w $5,145.00 WEEKLY 1 :N $1,762.00 NO Bid DAILY a7,1!10 $594.00 'PORTABLE LIGHT PLANT 23FT MAST WTIH't EACH 1250 WATtBULB9 42 MAKEIMODEL TONtER WACKER 6200018537 OR EQUAL MONTHLY $709.00 No Bid WEEKLY lo $247.00 DAILY;w $92.00 43 ' 'ATTACHMENTS FOR SKID STEER LOADER T27ANGLESLADE- MONTHLY &MA0 8 WEEKLY i1w:N No Bid No Bid DAILY ii01 COLDPLJINER ' MONTHLY $2,788.00 b. IEnLy /:N $926.00 DAILY i1YNw No Bid $309.00 Purehacd Price of Bid X548/:00 No Bid 7r baREME DUTY ROOT GRAPPLE - '.. - BUCIETGRAPPLEBUCKET'.:. •.. ., . - C. MONTHLY �I40i:00 WEEKLY sy No Bid No Bid DAILY GRAPPLE FORKS MONTHLY$t0i;0* WEEKLY X11 SNS No Bid No Bid d. DAILY HYORAULICAUGER MONTHLY $1,035.00 o. WEEKLY $346.00 DAILY $115.00 ... - - - 1 MONTHLY $208.00 WEEKLY $71.00 No Bid DAILY ft $24.00 ' - - MONTHLY $212.00 WEENLY $72.00 No Bid DAILY iSi. $26.00 12"BIT,, .: _ _ _ . Iil MONTHLY $1w:w $212.00 WEELY K iN:w $72.00 No Bid DAILY $20:90 $26.00 IV MONTHLY $110100 $212.00 WEEKLY $N:w $72.00 No Bid DAILY f2/: $26.00 z< 'BR MONTHLY 'w $269.00 V WEEKLY $88.00 No Bid MONTHLY sN:w $30.00 1T AUGER EXTENSION VI MONTHLY N $23.00 WEEKLY $8.00 No Bid DAILY ilN $3.00 48"#UGER EXTENSKIN VB MONTHLYippspp WEEa-YiSp.N� No Bid No Bid Daly slow 1100*, HYDRAULIC HAMMER.:. Z. " T. MONTHLY w $950.00 $2,137.00 WEEKLY $420.00 $712.00 DAILY N $131.00 $238.00 HYDRAULICTRENCHER.MONTHLYWEEKLY 2$21'1* No Bid No Bid DAILY10 LANDSCAPE TILLER - - - h. MONTHLY WEEKLY No Bid No Bid DAILY N wMATERIALHANDLING-ARM - - i MONTHLY WEEKLY No Bid No Bid No Bid DAILY 1:vol.-3�q Pg. 1q± i,13 V t r l,�Y i�i..Y • - - - - TYPE OF EQUIPMENT igAN0 RENTAL SERVICES HERC RENTALS NUECES POWER EQUIPMENT 6VMULTWURPf BUCKET: - MONTHLY KN:p S125.00 1 No Bid WEEKLY _�_ _ iS 60:100 543.00 DAILY W: $22.00 760N CAP. PALLET FORKS . _ .. - MONTHLY 1010.00 $268.00 k. WEEKLY i3N:00 $707.00 No Bid DAILY 10:00 $42.00 7r FI9K41P BROOM . MONTHLY 10aoo $446.00 No Bid WEEKLY 00 $200.00 DAILY 100;100 $00.00 STUW GRINDER _ ... -.. . MONTHLY in. No Bid No Bid No Bid WEEKLY DARY OTHER RENTAL EQUIPMENT NOT LISTED ON 44 BID WILL BE OFFERED TO THE COUNTY AT A 210% 50 6% DISCOUNTED RATE CHARGED IHR - to P,. Csi 100 i 100 C WAY. 45 DELIVERY CHARGEOVER 1 100111 HP S"90 N EACH WAY. $1.60 PER MILE $4.58 PER MILE I ROUND TRIP MILE e IPsteet t�bp a r prlrtnk if:"�10.l6 No wA . 46 DELIVERY CAN BE COMPLETED IN APPROX. 2 DAYS 2 DAYS DAYS AFTER RECEIVING ORDER 47 COMPLETE ADDRESS OF NEAREST BRANCH 31tKTAlti MIYAL tl14 iUt, 3737 AIRPORT BLVD, AUSTIN, TX 78722 7667 N. SAM HOUSTON PKWY E OFFICE HUMBLE, TX 77396 48 NUMBER OF BILLABLE MILE: FROM NEAREST 8 98 MILES 108 MILES BRANCH TO BC ROAD 6 BRIDGE DEPT. 49 EMERGENCY CONACT INFO 7 7iF7315 f7109Nd4M NCfi DANIEL CARTER 5124724038 KEVIN SCHUETTE 713-37645M OTta47t{ M DAN BLADE 281-300-0550 50 ND, L•Oa At2 /AGI DAY TO NO DO YOU CHARGE FOR "RAIN DAYS-? IF SO, WHAT �T• DOCUMENTATION IS REQUIRED] 61 RESPONSE TIME IN CASE OF EMERGENCY J = 24 HOURS 3.8 HOUR: MUST SUPPLY - IF Here Rentals cannot d12 Bid an alternate: Vlrtgen WR2000 provide the equipment as requested, Monthly: $12,500.00 Weekly: herc can provide the equipment $5750.00 015 Bid an alternate: through a 3rd party and charge the Norman 65E 114 HP Monthly: $5344.00 County a "re -rent fee". Month/week/a weekly $1781.00 Dally: $594.00 017 Bid Ow�et ` proration. Day rate considered 24 an alternate: Brace OWL BW260 Exceptions to the Bid hours. Herc rentals rate logic Is day - B Monthly: $1852.00 Weekly: $617.017 hours week = 40 hours month = 176 Daily: $ 209.00 hours. Pricing for single shift usage - *Rate not to exceed 2 time applicable rate. 3rd Renewal of 3: Award to Mustang Rental with the exception of Items: #39, #43 e, i and m, due to no bids % Approved b Commis oner's Court on this 10 day of 2020 by , holding the of O U& position i,13 V t r l,�Y i�i..Y • - - - - HVAC INSULATION REPLACEMENT AND COOLING TOWER REPAIRS FOR BRAZOS COUNTY BUILDINGS SERVICE CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S. Texas Ave., Ste. 352 Contract No. CIP 21-594 Bryan, Texas 77803 and CIP 21-596 Telephone (979) 361-4294 Page 1 of 10 Pages GENERAL REQUIREMENT FOR CONTRACT I, Kris Hardin as a duly authorized representative of Hunton services "Contractor" willingly attest to perform (or deliver) as per Exhibit. Al and Exhibit A2 for Brazos County. I further agree to all of the provisions and specifications contained in this contract. PROJECT TIMELINE Project will start upon receiving purchase order and will be completed by May 31, 2021. PROJECTS TO BE COMPLETED BY CONTRACTOR CIP 21-594 Chiller (3) and Air Handler (4) Insulation - Jail Exhibit Al $25,490.00 CIP 21-596 Cooling Tower Repairs -.Courthouse Exhibit A2 $50,265.00 TOTAL: $75,755.00 PREVAILING WAGES RATES The Contractor shall be responsible for following all provisions of Chapter 2258 of the Government Code relating to the payment of prevailing wages. -The wage rates to be used are included in Exhibit B attached. A Contractor or subcontractor who violates this section shall pay Brazos County $60 for each worker employed for each calendar day or part of the day the worker is paid less than the wage rates stipulated in Exhibit B. BONDING REQUIREMENTS The Contractor will be required to bond each project individually. The successful bidder must provide to the Purchasing Department, a payment bond in the amount of 100% of each project sum ten (1.0) calendar days prior to start of work for each project. Such bonds shall be executed by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better. BRAZOS COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY SURETY'COMPANY PROPOSED BY THE BIDDER. IN -THE EVENT BRAZOS REJECTS THE PROPOSED SURETY COMPANY THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. Contract No. CIP 21-594 and CIP 21-596 BRAZOS COUNTY, TEXAS Page 2 of 10 Pages ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. The County reserves the right to accept or reject in part or in whole, any IQs submitted, and to waive any technicalities for the best interest of the County. BIDDERS RESPONSIBILITY It is the bidder's sole responsibility to print and review all pages of the bid document, attachments, questions and. responses, addenda, and special notices. The Certification of Bid Form must be completed to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification number and signed by an authorized representative of the firm. Failure to provide signature on the Certification of Bid Form renders bid non-responsive. Failure to complete the submissionof all required forms, including but not limited to the Reference Page, House Bill 89 & Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the bidder agrees to comply with HB 1295, Government Code 2252.908. Bidder agrees to provide Brazos County the "Certificate of Interested Parties", Form 1295 as required, pending award, renewal, amended or extended contract. Visit https://ethics.state.tx.us/whatsnew/elf_info_forml295.htm for more information. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge, or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign contracts for Brazos County. Binding contracts shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non -response. HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from Contractor's voi. 3a -Pg.�qZ Contract No. CII' 21-594 and CIP•21-596 BRAZOS COUNTY, TEXAS Page 3 of 10 Pages performance. Contractor shall procure and maintain; with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover Contractor's liability as may arise directly -or indirectly from work performed under terms of this contract. Certification of such coverage must be provided to Brazos. County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County .reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the Contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the contract, a quotation will be solicited fiom the incumbent Contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts for services applicable to such location, the portion of this .contract that applies to such locations is terminated.. All .remaining .portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES &. PAYMENTS Payments to contractors will not be made if the contractor cannot produce a Brazos County Purchase Order. Contractor shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor. Brazos County will only be required to pay for materials actually received and/or services actually provided. Brazos County shall not be required to pay for materials or services described in the contract, that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and/or any attachments. When multiple deliveries and/or services are required, the contractor may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The contractor will provide an invoice for each month in which Brazos County is responsible for Contract No. CIP 21-594 and CIP 21-596 BRAZOS COUNTY, TEXAS Page 4 of 10 Pages payment, during the duration of the contract. Prior to any and all payments made for goods'and/or services provided under this contract, the contractor should provide their Taxpayer Identification Number or Social Security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. Retainage of 5% will be withheld from each invoice for the duration of the contract until the County accepts the work as 100% complete and. receives all warranties, manuals, releases of lien and other closeout documents. Upon final acceptance by the County, retainage will be released to the Contractor. PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the Contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise,, state and local faxes unless otherwise stated in this contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict of interpretation of any part of this overall contract, Brazos County's interpretation shall govern.. In the event of a conflict. between. the . terms,. conditions, provisions, and specifications of this contract and any other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this contract shall supersede. GOVERNING LAW AND VENUE This bid solicitation is governed by the laws of the State of Texas, specifically, the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely. on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. Potential vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to. the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. Bidder understands that Brazos County is a government subject Contract No. CIP 21-594 and CIP 21-596 BRAZOS COUNTY, TEXAS Page 5 of 10 Pages to Texas State and Federal public information statutes. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. COMPLIANCE WITH LAW The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper authorities having jurisdiction. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. The Contractor shall follow all applicable state and federal laws; municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. DISQUALIFICATION OF OFFEROR Upon signing this contract, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County, believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. Requests to withdraw a submitted bid or proposal are subject to the approval of the Purchasing Agent. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in. these. requirements. and .the .specifications. as. though. the .invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items fiunished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default -may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform Vd1.-32L— Pg. Contract No. CIP 21-594 and CIP 21-596 BRAZOS COUNTY, TEXAS Page 6 of 10 Pages any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contractor is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. Waiver of subrogation is required. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 2,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Management. (3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit, in. all self- propelled vehicles used in connection with the contract, whether owned, non -owned or hired. The Certificate of Insurance famished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County. LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the contract, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any contract terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGES/WAGES Nothing in this contract shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death,- and dismemberment insurance for the Contractor's employees and/or vii. � �g. Contract No. CIP 21-594 and CIP 21-596 BRAZOS COUNTY, TEXAS Page 7 of 10 Pages equipment. Nothing in the contract shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this contract and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this contract. The parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as -may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS .COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 CONTRACTOR: Sales Contact Name: Phone Number: Billing Info: FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions and renewals thereto. WAIVERS No waiver by either party hereto of any term or condition of this contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. ENTIRE CONTRACT This contract represents the entire and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This contract may only be amended by written instrument approved and executed by the parties. Contract No. CIP 21-594 and CIP 21-596 BRAZOS COUNTY, TEXAS Page 8 of 10 Pages AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. AUDIT RESPONSIBILTY The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or .claims. of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. Vol. _ Pg.�.- Contract No. CIP 21-594 and CIP 21-596 BRAZOS COUNTY, TEXAS Page 9 of 10 Pages HOUSE BILL 89 & DEBARMENT VERFICATION Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam:gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently: and 2: Will no boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory; but does not include an. action made. or ordinary business purposes; and .. . 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: Hunton Services Authorized Company Representative: Kris Hardin 5622 Luce Street Houston, TX 77042 Signature r'a_lz� Date:-Novernber 3, 2020 Contract #: CIP 21-594 and 21-596 BRAZOS COUNTY, TEXAS Contract No. CIP 21-594 and CIP 21-596 Page 10 of 10 Pages CERTIFICATION OF BID The undersigned further affirms the nori-debarment statement above, that. they are duly authorized execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. Signed By: Aud Yrs Title: President and General Manager Typed Name: Kris Hardin Company Name: Hunton Services Phone No. 713 643-8336 Email Address: khardin@huntongroup.com Mailing Address: 5622 Luce Street Houston TX 77042 P. O. Box or Street City State Zip Employer Identification Number: 76-0641692 !Md b Comm si ers' Court on this � 0 day of . 2020 by Holding the position of �Pl U A a Exhibit Al HLnton -Services HighPer.fQtmance 8u!?Oings for life Brazos County Building Maintenance Service Proposal Brazos County Detention Center HVAC Insulation Replacement US Communities Contract Number 15-JLP-023 US Communities Quote Number is 01-10238-20-002 Authorized Warranty Service TACLA009290C MPL38267 rRms Hunton Service's To: Brazos County Maintenance Atfn: Mr. Ernest Stutts ti RE: Brazos County Detention Center insulation Replacement As the TraneTm Company's authorized service provider for southeast Texas, we are pleased to offer the following.proposal: Scope of work: US COMMUNITIES SCOPE OF WORK Provide labor and material for the insulation of two (2)RTAC 200 Ton chillers, one (1) RTAA 90 -Ton chiller, andfour (4) air handler units, as follows: Demo the existing insulation from two (2)RTAC 200 Ton chillers and one (1) RTAA 90 -Ton chiller Wire brush old insulation as needed Provide and install one (1) 1" layers of Armaflex insulation for two (2) RTAC 200 Ton chillers and one (1) RTAA 90 -Ton chiller Provide and install one (1) 3/4" Iayer of Armaflex insulation for four (4) AHU's US Communities fees All work to be performed during normal business hours (M -F 7:00am - 3:30pm) Exclusions: Taxes Overtime Pemmit (Not needed) Work not specified in the scope above Total price for labor and materials for above scope ......................................... $24,600.00 Addfor Payment Bond..............................................................................$890.00 5622 Luce Street, Houston, TX 77067 PHONE -713.643.8336 • FAX- 713.583.6519 Vol. P9• A Hinton Services Exclusions: 1. The price does not Include sales tax unless specifically stated below. Taxes will be billed in addition at the time of job completion unless Hunton Services is furnished a Tax Exemption Certificate. 2. This quotation Is based on straight time labor unless indicated otherwise. 3. Any additional work not covered by the scope of this proposal will require written authorization by the customer before Hunton Services can proceed. 4. Water Treatment is not included. 5. Temporary Cooling is not included. 6. Building Automation or Controls are -not included unless specified above. 7. Ali freight charges incurred by Hunton Services will be billed with a 15% surcharge. 8. This proposal is firm for thirty (30) days unless stated otherwise. 9. See 'Construction Terms and Conditions' for terms and conditions of sale. Jose Duron Business Development 5622 Luce St., Houston, TX 77087 Office: 713-643-8336 Mobile: (713)252-8065 Email: JDuron@huntongroup.com Hunton Services High ferformance Buildingr for Lire The proposal and the terms and conditions contained herein are accepted and Hunton Services is authorized to proceed with the work. Customer: By: Title: Date: P.O. Number. 5622 Luce Street, Houston, TX 77087 PHONE -713.643.8336 • FAX- 713.583.6519 Hmton Services CONSTRUCTION TERMS a CONDITIONS Acceptance: A proposal made upon these lema Is subject to acceptance within thirty days from date and the prices are subject to change without notice poor to acceptance by Customer. Arty rebate horn Cenlerl'ofM Energy has been accounted for In the price of this proposal• therefore, Hunfan Services will retain any rebate funds.0 your order is an acceptance of a written proposal on a form provided by Hunlon Service:. w0hout the addition of any other farms and canditfom of sold crony othermodifcation, this document shag be treated solely as an acknowledgment of such order, subject to credit approval. 0 your order's not such an acceptance, then this document Is Hunton Services' after, subject to credit approval to provide the goods and/or Work solely In accordance wlth the following terms and condiliom of sale Excluslons from Wort Hunton Servlcev obligation is limited to the Work as defined and does not Include any modifications to the Premises under the Americans with Disabilities Act or any other low or buRdrig eode(s). Construction Procedures: Hunton Services shag supervlse and direct the Welk using its bed skill and attention and have exclusive control over construction means, methods, leehniques sequences and procedures. Payment Terms•, Customer shag pay Hunton Services Invoices within net flirty (30) days or invoice date. Hunlon Services may invoice Customer rot all equipment or material furribhed, whether delivered to the installation Age or to an olf4te dorage facility and for allwork performed ar Ae or off -life. No retenflan shag be withheld from any payments except as expressly agreed in wiling by Hunfon Services, in which ease retention shag be reduced per the contract documents and released no later than the dale of substantial completion. If payment Is not received as required hereby, Hunton Services may suspend performance and the time forcompletion shag be extended for a reasonable period of bare not less than the period of suspension. Customer shag be gable to Hunton Services forallfeasonable shutdown, standby and start-up cods as o result of the suspension, All amounts outstanding 10 days beyond the due date me subject to a service charge not to exceed 1.5% of the principal amount due or the mwdmum allowable legol interest tate, retroactive to the due dale. Customersholl pay all costs (including offomays' fees) incurred by Hunton Services In attempting to collect amounts due and otherwise enforcing these tennis and conditions Tense For Completions Except to the extent olherwse expressly agreed in writing signed by an authorized representative of Hunton Services, oil doles provided by Hunton Services or IIs representatives for commencement, progress or completion are estimates only. While Hunlon Services shag use commercially reasonable efforts to meet such estimated dotes, Hunton Services shag not be responsible for any damages for lis failure to do so. Access: Hunlon Services and Us contractors or subcontractors shag be provided access to the Premises during regutarbusiness hours, orsuch other hours as may berequested by Hunlon Services and acceptable to the Premises' owner or tenant for the performance of the Work Including sufficient areas for slogfng, mobilization. and storage. Hunlon Services' access to correct any emergency condffion shag not be restricted. Pemhfts and Governmental Feer. Hunton Services shaBsecure iswlIs Customer's assistance) and pay for building and other penulsand governmental fees, licenses, and fmpectiamnecessary for proper performance and completion of the Work, which are lagaM required when bids from Huntan Services' subcontractors are received, negotiations thereon concluded or the effective date of a relevant Change Order, whlahever is later. Customer Is responsible for necessary approvals ensemenfs, assessments and charges for construction, use or occupancy of permanent shuctules or for permanent changes to existing fad6ffes, Utilities during Construction: Hunton Services shag be provided without charge all water, heal, and utilities during peflomtance of the Work. Concealed Or Unknown Condilfons:ln the performance of the Work If Hunton Services encounters conditions of the Preraes that are (1) subsurface or otherwise concealed pbvdccd conditions that differ materially from those Indicated an drawings extemmsly incorporated herein or (R) unknown physical conditions of an unusual nature that critter maleoagy ham those condglons ordinarily found to exist and generally recognised as Inhere rif in construction activities of the type and chamefer as the Work Hunlon Services shag nolify Customer of such conditions promptly, prior to significantly disturbing the some. it such conditions differ materially and cause an Increase In Huntan Services' cost of, or time required for, perfoananco of any pari of the Work Hunton Services shag be entitled to, and Customer shag consent by Change Orderto,anequitable adudmenfinthe Contract Price, contract firm, or both. Any loss contributed to, or aggravated by turf, mod, fungus, wet or dry rot and any resulting Is olvicip excluded underlhis contract however caused. Asbestos and Hazardous Materials: Hunlon Services' Work and olherservlces in connecllon with this Agreement ewessly excludes any Identification, abatement, cleanup, control. disposal removal or other work connected with asbestos, polychlorinated bipherryl ("PCB" ), or other hazardous materials lherelnaffer. collectivey,'Hozordous blatedals" ). Customer warrants and represents Thal, except as set forth In a writing signed by Hunlon Services, there are no Hazardous Matadab on the Premlses that will In any way affect Hunlon Services' Work and Customer has disclosed to Hunlon Services the "dance and lacatlon of any Hazardous Materials M all mem within which Hunton Services wig be performing the Work Should Hunlon Services become aware of or suspect the presence of Hcmrdous Material, Hunton Services may Immediately slop work In the affected area and shag notify Customer. Customer will be responsible for faking any and all action necessary to correct the condition In accordance with ail applicable laws and regulafiom. Customer shall be exclusively responsible for any claims. Including the payment thereof. ar(dng out afar relating 10 any Hazardous Materials on or about the Promises. not brought onto the Promises by Hunlon Services. Hunton Services shag be required to resume performance of the Work, In the affected area only In the absence of Hazardous Materials or when the affected aroo has been tendered harmless. In no event shag Hunton Servtes be obligated to transport or handle Hazardous fsioleoal to provide any notices to any governmental agency, or to examinethe Promises for the presence of Hazardous Materials. Conditions Beyond Control Of Parties: B Hunton Services shag be unable to tarty out any material abTgafion under this Agreement due to events beyand its control such as oafs or God, governmental or judicial authority, Insurrections dots, labor dlspubs, labor or malarial shortages, rues, or explosions, this Agreement shalt at Hunton Ser&es' election I) remain in effect but Hunton Services' obIlgollom shall be suspended unlit the uncontrollable event terminates; or 17 be tem inoled upon ten (10) days notice to Customer, in which event Customer shoe pay Hunton Services for all pods of tine Work lumbhed to the dale of termination. Any lou consisting of caused by. eontdbuled IA a aggravated by rust, mold, fungus, wet or dry rot, and any iesuging lost In alivays excluded under this contract however caused. Customer's Breactc Each of the following events oreond9lons shollconst0ute a breach by Customer and shag give Hunton Services the right. without an election or memedie; to temhinole lhfs Agreement by delivery olwdffen noficedeclwing termination, uponwhlch event Customershall be liable to Hunton Services fat allWork lumlshedto doleond agdamagessustalned by Hunlen Services Iineludwg lest profit and overhead): 11) Any failure by Customer to pay amounts due more then IhHy 1301 days alter the date of the Invoice therefor, or (21 Any failure by Customer to perform or comply wilh any material provision of this Agreement. Indemnification: Hunton Services and Customer shag indemnlly, defend and trod each other harmless here any and all clams. actions, casts, expenses, damages and liab3ties. Including reasonable aftomeye fee; resulting from death or badly Injury or damage to real of personal property, to the extent caused by the negligence or misconduct of their respective employees or other authorized agents In connection with their acltMes within the scope of thio Agreement. However. neither party shag indemnfly the other agarnsl cbsim; damages, expenses or gabi9fes to the extent attributable to the negligence or adsconduct of the other party. If the parties are both at fault, the oblig ilbn to Indemnify shag be proportional to their relative loull. The duty to Indemnify will continue In tug force and effect, notwithstanding the exp'rolfon or early lerminatlon hereof wilts respect to any claims based on facts or condiltom that occurred prior to expMbnorterminallon. Notwithstanding any contrary provlslon, neither party shall be Babb to the other rot any special incldental consequential or purdlive damages, Workmanship And Equipment Waaonly: Hunlon Servfees warrants that, fora period croneyearfrom the date of substantial completion Ithe 'Warmly Period"). Trane equipment Installed hereunder and Wed: (q shag be free ham defects In material. manufacture, and workmanship and IQ shall have the capacities and ratings sot faith In Trane s catalogs and bulletins: substantial completion shoo be the-ewber of the data that the Work hsuf icienty completeso that Customer can uhTee the Work for its Intended use or the dale that Customer receives beneficial use of the Work. For hone equipment not Installed by Hunlon Services, the Warranty Period Is the loner of 12 mord hs from initial start-up or IB months ham the dote of shipment. If such defeat is discovered within the Warranty Period, Hunton Services wen correct the defect or furnish replacement equipment (o, at lis option, pads therefor) and B sold equipment was i staged puisuont hereto, labor associated with the replxemenl of parts or equipment not aonfomong to this warranty. He TabiQy whatever shag allach to Hunlon services until said equipment and Work have been paid for in fug and then said liability shag be Envied to Hunlon Services' cost to correct the detective Walk and/or the purchase price of the equipment shovm to be defective. Hunton Services' svarran0es expressly exclude any remedy for damage or detect caused by cerres;on, eradan or deterioration, abuse, modificafiom or repairs not performed by Hunton Services unproper operation, or normal wear and few under normal usage. Hunlon Services shall not be obligated to pay for the cost of bsl reMgerant. THE WARRANTY AND LIABILITY SET FORTH IN THE PRECEDING PARAGRAPH ARE W LIEU OF ALL OTHER WARRANTIES AND MBiLITfS. WHETHER IN CONTRACT OR M NEGLIGENCE. EXPRESS OR IMPLIED, IN LAW OR IN FACT. INCWDING OAPUED WARRANTIES, OF MERC14ANTAUM AND FITNESS FOR A PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE W NO EVENTSHiU1 HUNTON SERYTCFS BE LIABLE FOR ANY INCIDENTAL CONSEQUENTIAL OR PUWTME DAMAGES. Assignment: Cuuomer may nor assign, transfer, orconvey this Agreement, crony pad hereat. or Its right, title of Interest hereln. vnlhout the written consent of Hunlon Services. Subject to the foregoing. Ihls Agreement shall be binding upon and inure 1a the benefit of Customer's successors and oulgns, Complete Agreement: This Agreement shag ccnsiMe the entire Agreement between both parties and this Agreement may not be amended, mod7red or terminated except by a wrft sired by the parties hereto. No documents shag be incorporated herein by reference except to the extent Huntan Services is a signatory thereon. Governing Laws: This shall be construed as an agreement in accordance with the laws of the State of Texas. Texas licenses 7ACLAG0929C. Regulated by The Texas Department of Ueendng and Registration, P.O. Box 12157. Austin TX 78711,1-00G803-9702. 5622 Luce Street, Houston, TX 77087 PHONE -713.643.8336 • FAX- 713.583.6519 Vol. Pg. QC) I Chillers: Air & Water Cooled • Routine maintenonce/Coil cleaning ■ Complete turnkey replacements ■ Vibration & oil analysis ■ Eddy current testing ■ Controls ■ Routine operations tog ■ Annual stop inspection ■ Tube brushing ■ Major & minor repair work Air Handling Units ■ Complete Refurbishment vs Replacement ■ Maintenance/Coil cleaning ■ Alignment & vibration analysis ■ Annual stop inspection ■ Drain line & P -trop maintenance ■ Major & minor repair work ■ Annual pressure wash ■ Complete turnkey retrofits Air Distribution ■ Variable air volume (VAV) maintenance ■ All air handler types (AHU) R&M ■ Fan coil repair & maintenance ■ Laboratory fume hoods ■ Spot coolers ■ Complete turnkey retrofits Plumbing ■ Pipe Fabrication and Installation ■ Water Efficiency Retrofits ■ Service and Repairs ■ Maintenance ■ Preventative Maintenance ■ Backflow Prevention ■ Boiler Maintenance H tin. n services Cooling Towers ■ Routine maintenance • Major & minor repair work/cleaning ■ Annual stop inspection ■ Vibration analysis • Alignment ■ Controls ■ Complete turnkey retrofits Building Automation Systems ■ Open protocol, Internet based systems ■ Connected buildings through fiber optics ■ Hunton Smart Services • Complete turnkey retrofits ■ Building automation systems R&M ■ Internet remote access ■ Building control units (BCU) ■ Thermostats/sensors ■ Digital electronic/pneumatic ■ Software programming ■ Variable frequency drives (VFD) ■ Retro -recommissioning ■ Energy management services Rental Services ■ Rental chillers • Air conditioning units w/electric heat ■ Portable air conditioning units ■ Air handling units • Cooling towers ■ Diesel generators ■ Transformers, pumps, flexible duct & hose ■ Heaters, humidifiers & compressors Refrigeration ■ Ice machines ■ Freezers/coolers.- cafeterias &labs Indoor Air Quality (IAQ) ■ Air filtration - filters & maintenance ■ Internal air duct inspection (robot) ■ Air duct cleaning & sanitation ■ Ultraviolet lighting ■ Photo -catalytic filtration ■ Dust collection & exhaust Pumps and Valves ■ Routine maintenance ■ Chilled/condenser water valves ■ Annual stop inspection ■ Major & minor repair work ■ Vibration analysis ■ Alignment • Controls ■ Complete turnkey retrofits Fabrication/Modificat(on ■ Explosion proofing Class I, Division II ■ Weatherproofing ■ Structural skids & protective coatings ■ Custom designed air handling systems • & pressurization ■ Packaged central plants ■ Custom fabrication/modification Industrial Plant Services ■ Unitary HVAC Comfort Caoling ■ Process Absorption Chillers ■ Process Ammonia Chillers ■ Process Cenidfugal, Scroll and Screw Chillers • Compound and Cascade Systems ■ Multkstage Centrifugal Systems (nominal and low pressure) ■ Cooling Tower Repair ■ Multi -stage Gas Compression > We coordinate with National Trane to > Energy solutions achieves greater value support you and your needs received yielding sustainable future value > Firm and/or expedited delivery schedules > Packaging with value added services/rebates > Issue(s) or problem resolution > Technical assistance (factory direct) > Increased coordination and tighter control through engineered systems integration > Reduced operating costs > Reduced downtime cost man hours spend by owner in oversight > Extensive amount of expertise, knowledge, > Awareness of latest equipment and controls and experience; making Hunton Services a upgrades/updates true full-service turnkey solutions and service >. OEM exclusive distributor and Trane provider Warranty -Service Provider 5622 Luce Street, Houston, TX 77087 PHONE -713.643.8336 • FAX- 713.583.6519 Vol. `f pg, 2- 0 ' IT HLnton Services High Performance Buildings for 4fe Brazos County Building Maintenance Service Proposal Brazos County Courthouse Cooling Tower Repairs US Communities Contract Number 15-JLP-023 US Communities Quote Number 01-10238-20-001 Exhibit A2 Authorized Warranty Service TACLA009290C MPL38267 Eo- vOi. ��--Pg. ate Hunton Services To: Brazos County Building Maintenance Attn: Mr. Ernest Stutts Re: Brazos County Courthouse Cooling Tower Repairs As the Trane7m Company's authorized service provider for southeast Texas, we are pleased to offer the following proposal: A. Scope of work: Isolation Valves and Piping Modifications to Isolate Each Cell Provide labor and material to install four (4) control valves and add two (2) drain down taps, as follows: Demo four (4) existing isolation valves on top of cooling tower, Provide and install four (4) 6" Bray butterfly control valves model NYL2-C060/70-24-0061 H on top of cooling tower Controls Scope: Provide labor and material to pull 120 VAC and control wires to four (4) 6" two -position cooling tower isolation valves (2 per tower) Provide labor and material to install necessary expansion module to control the two (2) valves per tower to isolate each tower Provide labor to modify programming for control tower sequence to lead/lag the towers -for more efficient control of the condenser water system Provide labor to update graphics Provide and install two (2) 6" weld tee's with butterfly valves and blind flanges for tower draining Disposal of removed pipe is included B. Scope of work: Cooling Tower Service Provide labor and material to replace both sides of fill on two Marley Xflow cooling towers. New fill will be XF751L and XF751D. New fill will include an FRP support system that will be supported by the cold water basin and also will raise the new fill 4", this will allow the -water and debris to flow freely under the fill and not cause any plugging and or buildup on the fill media, with the new fill raised this will allow for a more efficient cleaning of the cooling tower, the project will be performed on weekends only. Saturday and Sunday, the tower must be shut down and drained. ONE CELL PER WEEKEND. the fill media and debris will be removed Saturday (1) cell. new fill support and fill will be installed Sunday and tower will be put back in operation Sunday evening. all work will be performed by working TOhrs per day. Dumpsters will be supplied by Hunton Services. NOTE: NEW FILL MEDIA CAN BE SHIPPED WITHIN A (2) WEEK LEAD TIME. 5622 Luce Street, Houston, TX 77087 PHONE -713.643.8336 • FAX- 713.583.6519 F-�E U Pg -aa H�.nton Services C. Scope of work: Cooling Tower Inspection Provide labor to inspect all mechanicals and mechanical supports. Mechanicals include gear reducer, motor, drive shaft, fan. Check gear oil level, seals and alignment, drive shaft for true readout, motor for seal leaks, alignment and grease bearings, fan hold down bolts for proper torque and fan pitch. Assist owner in drain & fill of condenser water system as needed Work to be done on overtime hours (Excluding holidays) Exclusions: Taxes Insulation Painting Water Treatment Test and balance . Temporary cooling Work not specified in the scope above Total price for labor and materials for above scope A . ..................................... $48,800.00 PaymentBond.............................:............................................................$1,465.00 Total price.for labor and materials for above scope B ......................................$46,900.00 PaymentBond. J......................................................................................$1,400.00 Total price for labor and materials for above scope C ......................................$1,450.00 Exclusions: 1. The price does not include sales tax unless specifically stated below. Taxes will be billed in addition at the time of job completion unless Hunton Services is fumished a Tax Exemption Certificate. 2. This quotation is based on straight time labor unless indicated otherwise. 3. Any additional work not covered by the scope of this proposal will require written authorization by the customer before Hunton Services can proceed. 4. Water Treatment is not included. 5. Temporary Cooling is not included. 6. Building Automation or Controls are not included unless specified above. 7. All freight charges incurred by Hunton Services will be billed with a 15% surcharge. 8. This -proposal is firm for thirty (30) days unless stated otherwise. 9. See 'Construction Terms and Conditions' for terms and conditions of sale. 5622 Luce Sheet, Houston, TX 77087 PHONE -713.643.8336 • FAX- 713.583.6519 Vol. 32 pg. ol3 Jose Duron Business Development 5622 Luce St., Houston, TX 77087 Office: 713-643-8336 Mobile: (713)252-8065 Email: JDuron@huntongroup.com 40:� HLnton Services High Perrormance Building's (or'Ure .0HL,nton Services The proposal and the terms and conditions contained herein are accepted and Hunton Services is authorized to proceed with the work. Customer: By: Title: Date: P.O. Number. 5622 Luce Street, Houston, TX 77087 PHONE -713.643.8336 • FAX- 713.583.6519 Vol. 11 pg, aq Hmton Services CONSTRUCTION TERMS & CONDITIONS Acceplancw. A proposal made upon those ferms it subject to acceptance Wlhln thirty days from dole and the prices are subject to change without notice prior to acceptance by Customer. Any rebels, from CenterPolnl Energy has been accounted for In the price of this proposal therefore, Hunlon Services will retain any rebate funds. If your order is an acceptance of a written proposal. on a form provided by Hunlon Services, without the addition of any other terms and conditions of sale or any othermodilicavon, this document shag be treated solely as an acknowledgment of such order, subject to credit approval H your order Is not such an acceptance, then this document is Hunton Services offer subject to credit approval. to provide the goods and/or Work solely In accordance with the following terms and conditions of sale C(duslons from Werl_ Hunton Services' obligation Is imlled to the Work as defined and does not include any modifications to the Prantlies under the Americans with Disabfiries Act or any other low or building cadets). Construction Procedures: Hunlon Services shag supervise and direct the Work using its best skin and attention and have exclusive control over construction means, molhods, lechniquer. sequences and procedures. Payment Tama Customer shag pay Hunton Services Invoices wllhln net thirty 130) days of invoice date. Hunlon Services may Invoke Customer lot all equipment or material furnished, whether delivered to the Installation sit& aria an offage storage facility and fora0 work performed on -we or offsite. No retention shag be withheld from any payments except as expressly agreed in waning by Hunfon Services, in which ease retention shag be reduced par the contrast documents and released no later then the dale of substantial completion. U payment is not received as required hereby. Hunlon Services may suspend performance and the lime dorcompletion shag be extended for a reasonable period at funs, not len than the period of suspension. Custemer shag be liable to Hunton Services fox olireasonable shuldown, standby and:fort-upeosls ena rewfl of the suspension. An amounts outstanding 10 days beyond the due dole are subject to a service charge not to exceed 1 S%of the principal amount due or the maximum allowable legal interest role. retroactive to the due date. Cusfomershon pay all costs (including oltorneys' fees) incurred by Hunlon Services In attempting to collect amounts due and otherwise enforcing thew trema and conditions. Time For Completion: Except to the extent otherwise exprassy agreed in writing signed by an authorised representative of Hunlon Services, an dales provided by Hunlon Services or its represer iat'sves for commencement, progress or completion ate estimates any. While Hunton Services shall use eommerciany reasonable efforts to meet such estimated dotes, Hunton Services shag not be responsible for any damages fa its failure to do so. Access. Hunters Services and Its contractors or subcontractors shall be provided access to the Premises during regular business hours, orsuch other hours as may be requested by Hunton Services and acceptable to The Premises' owner or tenant for the performance of the Work including sufficient areas for staging, mobilization. and storage. Hunton Services' access to correct any emergency condilion thall not be restricted. Permits and Governmental Fees: Hunton Services shag secure (with Customer's asslslance) and pay for building and olherpems7s and governmental fees, licenses, and inspections necessary forproper performance and completion of the Work, which are legally required when bids from Hunfon Services' subcontractors ore received, negotiations (hereon concluded. or the effective date of a relevant Change Order, whichever h later. Customer Is responsible for necessary approvals. easements, azsenmenb and charges for conslmction. use or occupancy of permanent structures or lot permanent changes to eidsling factilles. Ut5lies during Construction: Hunlon Services shall be provided without charge ag water, heat. and uhTitles during performance of the Work. Cencealed Or Unknown CondBione In the perfamiance of the Wad. 0 Hunton Services encounters conditions at the Premises that are IQ subsurface or otherwise concealed physical eonddions that differ noledaRy from Those indicated an drawings expressly Incorporated herein or 04 unknown physical condifichs of an unusual nature Ihal differ materially from those conditions ordinarily, found to exist and generaly, recognized as Inherent in construction activities of The type and chmmcler as the Work Hunton Services shag notify Customer of such eondlltons promptly. prior to signi lconlly disturbing the some. 0 such conditions differ materially and cause an increase In Hunlon Services' cost of, or lime requ'ved for, performance of airy pail of the Work, Hunton Services shall be entitled to, and Custamershall consent by Change Orderfo. an equitable adjustment In the Contract Price, contract time, or both. Any lass eordabuled to. or aggravated by rust, maid. fungus, wet or dry rot and any resulling h allays excluded under Ibis contract however caused. Asbestos and Hazardous Materials: Hunton Services' Work and other services in canneellonwith this Agreement expressly excludes any identHlcatiom abatement. cleanup, control. disposal removal or other work connected with asbestos, poly-chlorinaled biphenyl ('PCV), or other hazardous materials IherelnaHe. collectively. "Hazardous Materials"). Customer warrants and represents that. except as set forth in a writing signed by Hunlon Services, there ore no Hazardous Materials on the Premises that will In any way affect Hunton Services' Work and Customer has disclosed to Hunlon Servlaes the existence and location of any Hazardous Materiah in all areas within which Hunton Services will be performing The Work. Should Hunton Services become aware of or suspect the presence of Hazardous Materials. Hunton Services may immediately stop work in the affected area and shag notify Customer. Customer will be responsible for Joking any and off action necessary to correct the condillon in accordance with all applicable laws and regulations. Customer shag,be exclusively responsible for any claims, including the payment thereof, carting out of orretating to any Hazardous Ivlatedais an or about the Premhr4 not brought onto the Premises by Hunton Services. Hunlon Services then be required to resume performance of the Work In the affected area only in the absence of Hazardous INaledais or when the affected area has been rendered hmmlass. In no event shag Hunton Services be obligated to frompad or handle Hazardous Material. to provide arty noiixs to any governmental agency. or to examine the Premises for the presence of Hazardous Materiais. Conditions Beyond Control Of Parller. II Hunlan Services than be unable to carry out any material obligation under ibis Agreement due to events beyond Its central such as acts of God. govemmental or judicial outhasity, insurrections, riots, labor disputes, labor or material shortages. fires, or expbslons, this Agreement sholl at Hunton Services' election in remain In street but Hunlon Services' cblgallons shag be suspended unig fire uncontrollable event terminates; or M be terminaled upon fen (ID) days notice to Customer. In which event Customer shall pay Hurdon Services for an pads of the Work furnished to the date of lermtnotlan. Any loss consisting of. caused by, contribuled to, or aggravated by rust, mold. fungus. wet or dry rot, and any resulting loss In always excluded under Ibis contract, however caused, Customer's Breach1tich cl the fallowing events orconditons shanconditute a breach by Customer and %hail give Hunlon Services the right, without an election of remedles, to terminale this Agreement by delivery of wriffan notice dectadng termination, upon which event Cuslomersha0 be Fable to Hunlon Services forall Work fumished to date and alldamciggs sustained by Hunton Services (includurg last profit and overhead): (1) Any failure by Customer to pay amounts due more than Ihkly 130) days after the dole of the invoice therefor, or 12) Any failure by Customer to perform or campy with any maledal provision of IN: Agreement. Indemnification: Hunton Services and Customer shag indemnity, defend and hold each other harmless from any and'og claims, actions costs, expensos. damages and liabilities, including reasonable otlomeys' leas, resulting from death or badly Injury or damage to real or personal property. to the.extent caused by the negligence or misconduct of their respective employees or other authorized agents in connection with their aeiWies wilidn the scope of this Agreement. However, neither parry shag Indemnify the other against cWtms, damages, expenses or Bob sties to the extent attributable lothe negligence or misconduct of the otherpady.It the porBes are both at fault, the obligation to indemnify shall be proportional to their relative faun. The duty to indemnity will continue in fun force and effect, notwithstanding the expiration oready lem inailon hereof. with respect to any claims based on facts orcondlirons that occurred prior to expiration or Lamination. Notwithstanding arty contrary provision, neither party shag be liable to the other for any speclal Incidental, consequentlator punitive damages. Workmonshtp And Equipment Warranly: Hunfon Services warrants that, fora period of eneyeor from the date of substantial completion (the "Warranty Period"), Trona equipment installed hereunder and Work it shag be free from dafecls In material. manufacture. and wodmwnshlp and ru) shag have the copocifies and tafings set forth in Trone's catalogs and bullellm; substantial completion shall be the earner of the date that the Work h sufficiently complete so that Customer can uhtae the Work for its intended use or the dale that Customer receives beneficial use of the Work For Trane equipment not Installed by Hunlon Services, the Womanly Period Is the lesser of 12 months from Kfial start-up at iB months from the dale of shipment. It such defect is discovered within the Warranty Period, Hunton Services will correct the detect or tumequipment replacement equipmnt )o . at 0% opflom pads Therefor) and, 0 sold equipment was Installed pursuant hereto, labor associated with The replacement of pads or equipment not conforming to this warranty. No Eobilty whatever shag attach to Hunton Servfees until said equipinenl and Work have been pald forin fun and Then said FabMy shag be limited to Hunlon Services' cost to ccvrect the defect ve Work and/or the purchase price of the equipment shown to be defective. Hunlon Services' warranties expressy, exclude any remedy for damage ordefect caused by eorrwtorx erotior ordeterioration, abuse, modifications at repairs not performed by Hunton Services, Improper operation. or normal wear and tear under nmol usage. Hunlon Services shag not be oblIgoted to pay for The cod of last refrigerant. THE WARRANTY AND LIABILITY SET FORTH W THE PRECEDING PARAGRAPH ARE IN LIEU OF ALL OTHER WARRANTIES AND LMMUMS, WHETHER IN CONTRACT OR IN NEGLIGENCE EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABM AND FITNESS FOR A PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL HUNTON SERVICES BE LIABLE FOR ANY INCIDENTAL CONSEQUENTIAL OR PUNITIVE DAMAGES. Assignment: Cudamermay mol cosign, transfer, oreonvey this Agreement. orasry, part herseL tugs tight. IBIo crinlerest herein, without lhewtlten eoraenl of Hunton Servras. Subject 10 the foregoing. IhLAgreementshag be binding upon and inure to the benefsl of Cusdamer s successors and assigns. Complete Agreement: This Agreement shag constitute M entire Agreement between both parties and this Agreement may not be amended, modified or lerndnoled except by a writing signed by the parties herelo. No documents shall be Incorporated herein by reference except to the extent Hunlon Services is a signatory thereon. Governing Lawn. This shag be construed as on agreement In accordance with the lava of the Stale of Texas. Texas licenses TACLAUD929C. Regulated by The Texas Department of Ucensing, and Registration. P.O. Box 12157, Austin, TX 78711.1.900,803-9202. ' 5622 Luce Street, Houston, TX 77087 PHONE -713.643.8336 • FAX- 713.583.6519 vol., P�-�2b Chillers: Air & Water Cooled • Routine maintenance/Coil cleaning ■ Complete turnkey replacements • Vibration & oil analysis • Eddy current testing ■ Controls • Routine operations log • Annual stop inspection • Tube brushing • Major& minor repair war k Air Handling Units ■ Complete Refurbishment vs Replacement ■ Maintenance/Coil cleaning • Alignment & vibration analysis ■ Annual stop inspection ■ Drain line & P -trop maintenance • Major& minor repair work • Annual pressure wash • Complete turnkey retrofits Air Distribution ■ Variable air volume (VAV) maintenance ■ Ali air handler types (AHU) R&M • Fan coil repair & maintenance • Laboratory fume hoods ■ Spot coolers ■ Complete turnkey retrofits Plumbing • Pipe Fabrication and installation • Water Efficiency Retrofits • Service and Repairs ■ Maintenance • Preventative Maintenance • Backflow Prevention ■ Boiler. Maintenance Hunton Services Cooling Towers ■ Routine maintenance • Major& minor repair work/cleaning. ■ Annual stop inspection • vibration analysis ■ Alignment • Controls • Complete turnkey retrofits Building Automation Systems • open protocol, Internet based systems ■ Connected buildings through fiber optics ■ Hunton Smart Services • Complete turnkey retrofits ■ Building automation systems R&M ■ Internet remote access ■ Building control units (BCU) ■ Thermostats/sensors • Digital electronic/pneumatic ■ Software programming ■ Variable frequency drives (VFD) ■ Retro -recommissioning ■ Energy management services Rental Services ■ Rental chillers • Air conditioning units w/electric heat ■ Portable air conditioning units • Air handling units • Cooling towers • Diesel generators ■ Transformers, pumps, flexible duct & hose • Heaters, humidifiers & compressors Refrigeration • Ice machines • Freezers/coolers - cafeterias & labs �.�. ``:,,`_�t.��,?:€r�;�OEI�7��Benefl,fisy..i:� .�'�a-, ' x•:��• i • max:; n �;� •Hl '"+-'�`, .•�'� ;�-?i., > We coordinate with National Trane to support you and your needs > Firm and/or expedited delivery schedules > Packaging with value added services/rebates > Issue(s) or problem resolution > Technical assistance (factory direct) > Awareness of latest equipment and controls upgrades/updates > OEM exclusive distributor and Trane Warranty Service Provider indoor Air Quality (IAQ) ■ Air filtration - filters & maintenance • Internal air duct inspection (robot) ■ Air duct cleaning & sanitation • Ultraviolet lighting ■ Photo -catalytic filtration • Dust collection & exhaust Pumps and Valves - • Routine maintenance • Chilled/condenser water valves • Annual stop inspection ■ Major & minor repair work ■ Vibration analysis • Alignment • Controls ■ Complete turnkey retrofits Fabrication/Modification ■ Explosion proofing Class I. Division II ■ Weatherproofing • Structural skids & protective coatings ■ Custom designed air handling systems ■ & pressurization ■ Packaged central plants ■ Custom fabrication/modification Industrial Plant Services • Unitary HVAC Comfort Cooling • Process Absorption Chillers ■ Process Ammonia Chillers ■ Process Centrifugal, Scroll and Screw Chillers ■ Compound and Cascade Systems ■ Multi -stage Centrifugal Systems (nominal and low pressure) • Cooling Tower Repair • Mulf-stage Gas Compression �y, t. - ,r � <�.- ..,, ..per., -r•-. .; r y •�1� •:,'•i. J;E FuIISerJie.e�Provider Ben.e..fi#:s. :�:. .,�•`(�i received> Energy solutions achieves greater value yielding sustainable - vi3lue > Increased coordination and tighter control through engineered systems integration > Reduced operating costs > Reduced downtime cost man hours spend by owner in oversight - > Extensive amount of expertise, knowledge, and experience: making Hunton Services a true full-service turnkey solutions and service provider 5622 Luce Street, Houston, TX 77067 PHONE -713.643.8336 • FAX- 713.583.6519 THE TEXAS A&M UNIVERSITY SYSTEM 301 Tarrow Street, tad Floor College Station, Texas 77840 Minimum Prevailing Wage Rate County: Brazos CLASSIFICATION RATE NOTES Acoustic Ceiling installer 15.73 Asbestos Abatement Worker 13.06 Carpenter: 15.95 Concrete - Pour and Finish 15.39 Crane Operator 26.40 Driver 14.47 Drywall Installer . 16.20 Electrician -Journeyman 25.70 Electrician -Apprentice 20.35 Elevator Mechanic - Journeyman 55.83 Elevator Mechanic - Apprentice 48.10 Fire Protection - Controls 17.72 Fire Protection - Pipefitter 20.61 Formwork Builder 14.58 Glazier 17.69 HVAC - Journeyman . 25.09 HVAC - Apprentice 15.81 HVAC - Controls 21.80 Insulator .16.01 Ironworker 17.42 Laborer/Helper 12.73 Mason 19.13 Equipment Operator - Light 14.97 Equipment Operator- Heavy 16.76 Painter 13.18 Pipefitter - Joumeyman 32.50 Pipefitter - Apprentice 19.35 Plasterer 15.51 Plumber- Journeyman 30.74 Plumber -Apprentice 20.32 Reinforcing Steel Worker 15.78 Roofer 19.94 Stone Mason 18.12 Terrazzo Installer 13.08 Tile Setter 15.73 Waterproofer 14.911' Note: Listed minimum prevailing wage rate is the base hourly wage rate including fiinges. Vol. pg. �iq Agreement M1901171 AMENDMENT NO.3 to the SERVICE AGREEMENT between TEXAS A&M UNIVERSITY HEALTH SCIENCE CENTER And BRAZOS COUNTY The agreement entered into by and between Texas A&M University Health Science Center, College Station, Texas ("Prime Recipient"), and Brazos County, acting through the Brazos County District Attorney's Office ("Criminal Justice Partner"), under Health Resources Services Administration (HRSA) ("Sponsor"), Grant No. 1 T96UP32499-00 1 -00, for the project entitled "Advanced Nursing Education - Sexual Assault Nurse", is hereby amended as follows: 1. Delete Article 2 in its entirety and replace with: 2. Period of Performance The period of performance for this Agreement shall commence on January 1, 2019 (the "Effective Date"), and shall terminate on September 30, 2021 (the "Completion Date"), unless extended by mutual agreement in writing between the Parties, or completion of the grant, or unless terminated by Prime Recipient as provided in this Agreement. 2. Add Year 2 payment terms to Article 3: 3. Consideration and Payment As consideration for the work cited in Article 1, Prime Recipient agrees to pay Clinical Preceptor Partner the cost reimbursable amount of $10,000 for the Year 3 period of performance, 10/1/2020 — 9/30/2021, based on the following payment schedule. The Total Amount Funded to Date is $30,000. $10,000 —After receipt of Annual Report, due b_ y.8/1/2021; completion of Deliverable (as shown in Section 5); and receipt of an Invoice; 3. Add Year 3 Report to Article 5: 5. Reports and Deliverables Reports: • Due by August 1, 2021, annual report regarding mock trial deliverables, containing the following: o Number of trainees participating in the mock trials. o Evaluation of the preparation and delivery of simulation. o Improvements identified to be incorporated in future simulations. Page 1 of 2 In witness whereof, the Parties have executed this Agreement on the day and year last specified below. Texas A&M University Health Science Center LeSII Kerth Date: 020.1.1by :245 Kerth D2 12 09:24:57 By: -06'00' for Name: Julie Bishop Iry Title: Associate Executive Director Date: 11/12/2020 TA Brazos Coun By: Name: Diane Peters Title: County Judge Date: i l 1 10a Page 2 of 2 Vol, 3:) q Pg. a� q October 16, 2020 Honorable Duane Peters Brazos County Judge 200 S. Texas Ave, Ste 332 Bryan, TX 77803 Dear Judge Peters: The Texas Association of Counties Health and Employee Benefits Pool (TAC HEBP) is pleased to enclose Brazos County's employee benefit renewal packet for your upcoming plan anniversary date. Please be sure to read through your entire packet for information about this update, changes to processing your renewal this year, and more. Here are some highlights of your Plan Year 2021 renewal: - The Medical administration fee including Well -Being Management, and MDLive will increase (14.4%) from $41.35 to $47.31 PEPM. - Pharmacy Administration fee remains flat at $1.67 PMPM. - Brazos County has received approximately $232,617 in Rx Rebates of the past year. T] translates into about $19.66 PEPM in savings. - Overall, when including Medical, Rx and Wellbeing Management fees, the admin feewill increase by 13.8% from $43.06 to $48.98 PEPM - Dental administration fee will increase (1%) from $3.81 to $3.85 PEPM Per rrtenibea• per month (PMPM). We have converted it here to a per employee per month basis for consistency zoith other fixed cost descriptions. If you have questions about your renewal, are interested in the impact of changes to your plan, or are considering changes to your personnel policies that will affect benefits (e.g.; adding/dropping retiree benefits, changing waiting period, etc.), please be sure to discuss this in advance with Orlando Espinoza, your Employee Benefits Consultant so we can coordinate the changes with yourrenewal. Deadline for returning signed renewal documents to TAC HEBP: November 16, 2020. Your Employee Benefits Consultant. Orlando Espinoza (OrlandoE@county.org) (800) 456-5974 Vol. pg. aa(-)- • Optional Services: Brazos County can choose to continue offering MDLive (telehealth), and Wellbeing Management chronic conditions program. Also Brazos County can choose to offer our new EAP. • Customizable Pharmacy Program: As an ASO group, you have the option of customizing your drug formulary and/or pharmacy network. Customization could be done to either increase the county's cost savings or broaden the choice of medications (which might decrease your savings but enhance the benefit). • Healthy County Program Elections and 'CST's: Ashley Cureton, your Wellness Consultant will continue working with you to monitor your tailored County -Specific Incentive (CSI) program, based on your claims. Please read and complete the attached 'Healthy County Benefit Elections' & CSI documents, and return with your renewal. • Affordable Care Act Fees: The HEBP Board voted to pay 2021 ACA fees on behalf of Pooled and ASO groups; see attached 'Health Care Reform Updates' document for details. • Open Enrollment Toolkit: This will be sent via email and contains the forms and notices your group will need to process employee benefit renewals. • Online and On Titne: Once your renewal benefit decision has been approved, complete your Renewal Notice and Benefits Confirmation (RNBC) online through the OASys system. After the form has been entered online, please Print and initial/sign where indicated, and return to TAC HEPB via email, or fax to (512) 481-8481 on or before the date shown below. ACTION REQUIRED: Please present the renewal to the Commissioners Court for a decision. Once the renewal plan has been selected, complete the RNBC form online, and return the initialed and signed RNBC to TAC no later than November 16, 2020. NOTE: Subtnitting your RNBC after the due date will result in a delay in implementing your benefit plan renewal, including employee enrollment changes. TAC HEBP understands how valuable medical coverage is for your employees and their families. We appreciate your partnership with the Pool, and want to continue helping Brazos County offer this important benefit. Again, we thank you for your membership in the Pool and look forward to working with you for the upcoming plan year. Sincerely, Lw C� Quincy Quinlan, Director Health and Benefits Services Department Texas Association of Counties Vol. o� pg, I 2021 Renewal Notice and Benefit Confirmation Group: 217725 - Brazos County Anniversary Date: 01/01/2021 Return to TAC by: 10/06/2020 Please initial and complete each section confirming your group's benefits and fill out'the contribution schedule according to your group's funding levels. Fax to 1-512-481-8481 or email to Laurenh@county.org. For any plan or funding changes other than those listed below, please contact Lauren Henry at 1-800-456-5974. MEDICAL Medical: Custom Plan - $25 OV, $35 Spec,$50 Urgent Care RX Plan: Custom Rx Plan- 3 Levels $1000 Ded, 80%, $3500 OOP Max Your payroll deductions for medical benefits are: Pre -Tax 2021 Plan Year Funding Levels New Funding New Amount New Amount Current Employer Employee Retiree Pays Tier Funding Pays Pays (if applicable) Employee Only $1,274.00 ^ ` (� $ $ $ Employee + Child $1,274.00 Employee + Children $1,274.00 r $ $ $ Employee + Spouse $1,274.00 $ _ $ Employe + Family $1,274.00 `�I� �C" $ $ $ Initial to accept Medical Plan and New Rates. DENTAL Dental: Plan II w/Ortho —100% Prevent., $50 Ded, 80% Basic, 50% Major, $1500 Annual Max Your payroll deductions for dental benefits are: Pre -Tax 2021 Plan Year Funding Levels Current Tier Funding ` Employee Only $28.00 R,V` Employee + Children $66.00 X�6 Employee +Spouse $74.00 \r Employee + Family $118.00 217725 - Brazos County - 2021 Renewal Notice and Benefit Confirmation New funding New Amount New Amount Employer Employee Retiree Pays Pays Pays (if applicable) RETIREE Please circle one that applies for retiree medical benefits. Your group allows retiree coverage for: Medical: Pre 65 Post 65 Both Dental: Pre 65 Post 65 Both Initial to confirm. WAITING PERIOD Waiting period applies to all benefits. Employees Elected Officials 30 days —1 s' of the month following date of hire Date of Hire Initial to confirm. COBRA ADMINISTRATION Please indicate how your group manages COBRA administration: ❑ County/Group processes COBRA on OASys. 'County/Group is responsible for fulfilling COBRA notibcation process and requirements ® BCBS COBRA Department processes COBRA `BCBS COBRA Department administers via COBRA contract with the County/Group ❑ Other Please indicate COBRA Administrator: aDInitial to confirm COBRA Administration. 217725 — Brazos County — 2021 Renewal Notice and Benefit Confirmation PLAN INFORMATION Broker or Consultant Information Please confine your broker or consultant's name, if applicable: Agency Name: USI Southwest Agency Address: 9811 Katy Freeway, Ste 500 Number and Street Houston TX 77024 City State Zip Broker Representative or Consultant's Name: Brenda Cos Contact Phone Number: 713-490-4611 Contact Email Address: brenda.cos@usi.com Initial to confirm Broker or Consultant information • Please update broker or consultant's information. • Broker commission is included in the administration fee. Refer to Rate Exhibit. • Retirees pay the same premium as active employees regardless of age for medical and dental. • Rates based upon current benefits and enrollment. A substantial change in enrollment (10% over 30 days or 30% over 90 days) may result in a change in rates. • Form must be received by 10/06/2020 in order to avoid additional administrative fees. Signature on the following page is required to confirm and accept your group's renewal. 217725 — Brazos County — 2021 Renewal Notice and Benefit Confirmation TAC HEBP Member Contact Designation Brazos County As specified in the Interlocal Participation Agreement, each Member Group hereby designates and appoints, as indicated in the space provided below, a Contracting Authority of department head rank or above and agrees that TAC HEBP shall NOT be required to contact or provide notices to ANY OTHER person. Further, any notice to, or agreement by, a Member Group's Contracting Authority, with respect to service or claims hereunder, shall be binding on the Member Group. Each Member Group reserves the right to change its Contracting Authority from time to time by giving written notice to TAC HEBP. Please list changes and/or corrections below. Name / Title Honorable Duane Peters / County Judge Address 200 S. Texas Ave. Suite 332 Bryan, TX 77803 Phone 979-361-4101 Fax 979-361-4508 Email dpeters@brazoscountytx.gov CONTACTBILLING Responsible for receiving all invoices relating to HEBP products and services. Please list changes and/or corrections below. Name I Title Mr. Allan Seale / Payroll Manager Address 200 S Texas Ave. Bryan, TX 77803 Phone 979-361-4343 Fax 979-361-4347 Email aseale@brazoscountytx.gov HIPAA Secured Fax 979-361-4347 PRIMARY CONTACT HEBP's main contact for daily matters pertaining to the health benefits. Please list changes and/or corrections below. Name / Title Ms. Jennifer Salazar / HR Director Address 200 S. Texas Ave., Suite 206 Bryan, TX 77803 Phone 979-361-4117 Fax 979-823-6993 E zoscountytx.gov Date: 4 Signature of County Judge or Contracting Authority V)L) ax\.- 20 -kr5 . 3 t )t�1oe _ Please PRINT Name and Title �4 The Texas Association of Counties would like to thank you for your membership in the only all county -owned and county directed Health and Employee Benerits Pool in Texas. 217725 — Brazos County — 2021 Renewal Notice and Benefit Confirmation F3aq P( P"Oc TEXAS A.SSOCIATIO'N Of COUNTIES *HEALTH AND EMPLOYEE BENEFITS POOL I CO u wl' Brazos County ASO RATE EXHIBIT - HEALTH Medical Plan: Custom Plan 1100 -NGS Rx 7/26/40 with No Rx deductible AD= 1/1/2021 Base Administration Charge ** $41.54 $491,501 BCBS Wellbeing Management - Enable level (base plan) $4.00 $47,328 MD Live Telehealth (M + BH) $0.53 $6,271 Estimated Rx Admin cost (see note 6 below) $2.91 $34,431 Monthly Estimated Fixed Cost w/o Optional Services $48.98 $579,531.36 This annual projection is based on current enrollment; the actual results will differ. " Costs associated with special services or custom materials provided will be billed separately from the Administrative Charges outlined in this exhibit. Estimated Monthly Rebates: (see note 7 below) $19.66 PEPM $232,617 Optional Services Composite 1/1/2021 Annual Assumed employee enrollment 986 986 Expected paid claims - medical NA NA Expected paid claims - Rx NA NA Total Expected Paid Claims NA NA Base Administration Charge ** $41.54 $491,501 BCBS Wellbeing Management - Enable level (base plan) $4.00 $47,328 MD Live Telehealth (M + BH) $0.53 $6,271 Estimated Rx Admin cost (see note 6 below) $2.91 $34,431 Monthly Estimated Fixed Cost w/o Optional Services $48.98 $579,531.36 This annual projection is based on current enrollment; the actual results will differ. " Costs associated with special services or custom materials provided will be billed separately from the Administrative Charges outlined in this exhibit. Estimated Monthly Rebates: (see note 7 below) $19.66 PEPM $232,617 Optional Services PEPM 986 BCBS Wellbeing Management add-on services Expanded Utilization Mgt - Pain mgt, joint & spine surgery $0.52 $6,153 Expanded Utilization Mgt - Advanced Imaging & Cardiology $0.62 $7,336 Interactive Wellness Coaching through Well on Target $0.11 $1,302 MD Live Telehealth Program (with or without BH) Medical Only $0.46 $5,443 Medical and Behavioral Health $0.53 $6,271 At termination, BCBS will process run-off claims4or 12 months. The run=off factors above will be multiplied by the total number of enrolled employees for each of. the three months immediately preceding contract termination. The result will be the obligatioin of the group In addition, the following will apply: The rates above are effective for twelve months contingent upon: 1) The effective date will be not be later than 01/01/21 2) The County paying 100% of the employee - only cost for all lines of coverage; 3) A minimum enrollment of 986 employees with 37% carrying dependent coverage; 4) A monthly enrollment of no fewer than 937 employees; 5) The County is required to fund bank account for medical and Rx claims; 6) The actual Navitus Rx admin cost will be $1.67 per member per month (PMPM). We have converted it to a per employee basis herein; 7) EstifiEFFebates are sed o County's actual rebates for the last four quartely rebate checks; billed administrative fees will not Incl a estimated rebat credit. Br s go. receives 50% of earned Rx rebates r�� Proprietary and 5 K$$0C .1 k F 'i F wv TEXAS HEALTH *o y* HEALTH Dental Plan: Choice II w/ Ortho Assumed employee enrollment Total Expected Paid Claims' Administration Charge Monthly Fixed Cost Employer Account Minimum Balance ASSOCIATION AND EMPLOYEE Brazos County ASO EXHIBIT DENTAL Of COUNTIES BENEFITS POOL AD= 1/112021 Composite Annual' 927 927 $45.49 $506,031 $3.85 $42,827 $3.85 $42,827 $21,085 * This annual projection is based on the current enrollment; the actual results will differ. The rates above are effective for twelve months contingent upon: 1) An effective date no later than 111/2021 2) The County paying 100% of the employee only cost for all lines of coverage 3) A monthly enrollment of no fewer than 881 employees 4) No additional taxes being imposed and no increase in existing taxes 5) The County is required to fund bank account for dental claims. �Signat* a of ntr in hority: Date: r �IV40 Run date: 10/1612020 voi. 3L2 -q —Pg. cSQ To;ethen Healthy Better County Stronger ger HEALTHY COUNTY WELLNESS CONTACT DESIGNATION Brazos County WELLNESS COORDINATOR The Wellness Coordinator is the primary contact regarding the Healthy County wellness program. The wellness coordinator is responsible for administrating Healthy County components and informing employees of all wellness resources available. Current Wellness Coordinator Please list changes and/or corrections: Name: Ms. Jennifer Salazar Title: Human Resource Director Address: 200 S Texas Ave Ste 206 Bryan, TX 77803-3999 Email: jsalazar@brazoscountytx.gov Phone Number: (979) 361-4117 Fax Number: 9,11 8 to ' -s (4-0-v ) WELLNESS SPONSOR The Wellness Sponsor is responsible for supporting the coordinator in administrating Healthy County components and encouraging county employees to access all Healthy County wellness resources available. An elected official in this role is preferred to illustrate management support for wellness. Current Wellness Sponsor Name: Title: Address: Email: Phone Number: Fax Number: Contracting Authority Signature: Date: Z4 0 Please list changes and/or corrections: v i. F 3Qq P,. o 1 - -- -� ��:) 22-8-1 HEALTHY COUNTY: COUNTY SPECIFIC INCENTIVE PROGRAM Together. Better. Stronger. A County Specific Incentive (CSI) is a wellness program that rewards employees and/or spouses for healthy behaviors such as completing an annual exam, tobacco affidavit, or participating in a physical activity program in exchange for avoiding a premium contribution, a lower monthly premium, earn additional days of PTO, or other rewards decided on by the County or District. Penalties and Rewards are administered at the county or district level. Healthy County is available to assist in the process of designing, communicating, and tracking a CSI. Employees will be able to view their progress and completion of the incentive on the Healthy County energized by Sonic Boom portal. YOUR COUNTY OR DISTRICT'S CSI Our records indicate that your County or District currently has a County Specific Incentive program in place. Please make a selection below to let us know if you would like to keep your current design in place for the 2020-2021 plan year, or if you would like to make modifications to your current design. If you select "Yes," your county or district's Wellness Consultant will reach out to you to confirm reward and penalty options for the upcoming plan year. Please also feel free to contact your consultant at any time to begin this process. If you decide to make changes to your CSI, there is a six week waiting period before employees can view the program online. ❑ Yes, we would like to continue with the same CSI program for the 2020-2021 plan year. We are interested in making changes to our CSI program. Of Z i County or District Name Printed Name and Title: Contracting Authority Sil Date: .� Vol. q Pg. Health Together. Coun�I y Better Stronger. HEALTHY COUNTY VALUE-ADDED BENEFIT PROGRAM ELECTIONS Please read the description of the Healthy County value-added benefit programs listed below that are available to fully pooled groups and optional for self-insured Administrative Services Only (ASO) Groups. On the last page, elect the program(s) your County or District would like to include in your benefit package for the upcoming plan year. AIRROSTI COPAY Airrosti is a specialized treatment that combines elements of physical therapy, chiropractic, and massage to help restore function and relieve pain. Patients receive a full assessment, diagnosis, treatment, and education. Many spine, joint, and soft tissue injuries are resolved within 3 visits. Airrosti treatments help to avoid costly claims for imaging and joint surgeries for conditions that can be managed or resolved through less invasive measures. Airrosti is currently covered under your health benefit plan as a post -deductible service. For fully -insured groups, the Pool implemented a value- added benefit to cover Airrosti at the cost of the primary care office visit copay for PPO plans. As an ASO group, your County or District can elect to implement this value-added benefit, or continue the benefit plan design as it currently exists. BOOMER BUCKS REWARD The Healthy County Boomer Bucks reward program honors participating employees for completing Healthy County wellness contests. Each year, Healthy County hosts four step -based physical activity contests on the Healthy County energized by Sonic Boom portal and awards an incentive to employees of fully -insured groups who complete the requirements. This year, employees will receive $15 for each Healthy County Contest completed up to a $60 maximum if an employee completes all four contests. We provide the incentive directly to employees in the form of "Boomer Bucks", which employees can use in the Sonic Boom online store to purchase gift cards from various vendors, merchandise, and more. ASO groups can elect to participate in the Boomer Bucks incentive program annually. ASO groups will only pay for employees who earn the Boomer Bucks incentive. The cost per employee awarded the Boomer Bucks incentive is $15 per contest completed up to a maximum of $60, which includes administration fees. EMPLOYEE ASSISTANCE PROGRAM (EAP) TAC HEBP has collaborated with Alliance Work Partners (AWP) to offer a full-service Employee Assistance Program (EAP) effective 10/1/2020. AWP provides individual and organizational services using a two-tier approach. They support management by increasing productivity and retention, reducing absenteeism and managing healthcare costs. AWP supports employees and their families by promoting wellness both physical and emotional wellness using individual assessment, solution -focused trainings and referral services along with evidence -based counseling. The call center is staffed by professional counselors, 24/7 and face-to-face counselors are widely accessible with a nationwide network of more than 14,000 EAP counselors in all 50 states. For fully -insured groups, EAP is included as a value-added benefit. As an ASO group, your County or District can elect to implement this value-added benefit for $1.21 per employee per month. For additional information, please refer to the Alliance Work Partners introduction flier. voii 3DO pg. 030 I LIVONGO Livongo empowers self-management of chronic conditions for individuals with diabetes and/or hypertension by driving behavior change through a combination of consumer health technology, trend analysis, 24/7 coaching and support, and personalized insights. Participants enrolled in the Livongo for diabetes program will receive the Livongo Blood Glucose Meter, unlimited diabetes test strips delivered on demand and immediate interventions when blood glucose levels are dangerously high or low. Participants who are in the Livongo for hypertension program will receive a Livongo Blood Pressure Monitor and personalized feedback on their readings. Livongo is available with Wellbeing Management (WBM) to benefit -eligible members at 100 percent and is billed as a medical claim using a per participant per month (PPPM) pricing model indicated in the chart below. LIVONGO PROGRAM PRICING (per participant per month Diabetes Hypertension MDLIVE TELEMEDICINE $65 PPPM; $59 one-time fee for blood glucose meter $27 PPPM; $65 one-time fee for blood pressure monitor Telemedicine services through MDLIVE provides expanded access to healthcare for your employees and their enrolled dependents. Doctors are board-certified and available 24 hours a day, 7 days a week. Both audio and video consultation can be done via cell phone, and medications can be prescribed and called in to the member's pharmacy when applicable. These 'virtual visits' can be a better alternative than going to the ER or an Urgent Care center for non- emergent care. MDLIVE has two levels of service: Medical Only and Medical plus Behavioral Health. MDLIVE PRICING (per participant Medical Only $0.46 PEPM + $44 claim cost Medical plus Behavioral Health 1 $0.53 PEPM + $44 - $175 claim cost NATURALLY SLIM Naturally Slim is an online, weight loss curriculum proven to yield clinically measurable and sustainable Metabolic Syndrome reversal results for benefit -eligible members covered at 100 percent with Well Being Management (WBM). The program is billed as a preventive care medical claim with a maximum cost of $510 per individual. Applicants can be accepted into the Naturally Slim program once per calendar year, and as an ASO group, you have the opportunity to cap the number of participants that are accepted into the program. Naturally Slim estimates that 10% of your population will apply and meet the criteria to participate in the program. Vol. _3 aq__ pg, 031 OMADA Omada is an obesity -related chronic disease prevention solution that integrates remote monitoring tools, education curriculum, and social community support to effectively improve health and reduce the risk of diabetes and/or cardiovascular disease. Omada uses digitally -delivered intensive behavioral counseling for obese or overweight individuals with chronic conditions such as prediabetes, type 2 diabetes, hypertension, and high cholesterol. Participants learn how to apply meaningful changes around eating, activity, sleep, and stress, and receive a connected scale, pedometer, resistance band, and measuring tape. Omada is available to benefit -eligible members at 100 percent with WBM and is billed as a medical claim. Omada bills based on a participant's level of engagement and maintaining a minimum 5% weight loss in the program. The maximum claims costs for a participant's first year in the program is $1,195 per participant per year, however, the estimated average claims cost is $624 per participant. Following year one, the maximum claims costs per continuing participant in the program is $420 per year, however, the estimated average claims cost for continuing participants is $74 per year. WELLBEING MANAGEMENT Wellbeing Management is an integrated healthcare ecosystem by Blue Cross Blue Shield of Texas (BCBSTX) that uses a multifaceted approach to reach members when, where, and how they prefer. Members have the opportunity to engage with Health Advisors who will use a holistic approach to assist in managing chronic conditions for the member and their family. Members also have the opportunity to participate with BCBSTX Wellness Partners, such as Naturally Slim and Well onTarget. Members can complete available online programs and/or engage with a coach on many health and wellness topics. ASO groups have the option to elect to the Wellbeing Management Enable Program with or without program enhancements. If your County or District elected Medicine Match prior to October 2019 or has a County Specific Incentive (CSI) tied to Wellbeing Management Coaching, at minimum, Wellbeing Management Enable plus Interactive Wellness Coaching via Well onTarget is required. Please see the chart for Wellbeing Management components on the next page. Health Together. Goun Y Better. Stranger. WELLBEING MANAGEMENT PROGRAM OPTIONS Pricing Wellbeing Management Program - Enable $5.25 PEPM $4.00 PEPM Utilization Management Comprehensive Utilization Management • • (UM) Expansion Specialty Drug Preauthorization Expansion • • Outpatient UM Expansion • • UM Expansion — Advanced Imaging, Cardiology and Sleep Medicine • $0.62 PEPM* UM Expansion — Pain Management, Joint and Spine Surgery • $0.52 PEPM* Holistic Health Management Behavioral Health Enhancements • Multidisciplinary Clinical Team • • Health Management of 1% of member population • • Expanded Communication Channels with Health Advisor • • Pharmacy Care Management (PCM) • • Wellness, Coaching and 24/7 Support 24/7 Nurseline • • Premium Fitness Program • • Well onTarget" Portal • • Gap Closure via Target Messaging • • Interactive Wellness Coaching via Well onTarget • $0.11 PEPM* Women's & Family Health • • Ovia Health — Maternity Health • • Special Beginnings Maternity Program • • Well onTarget Maternity & Family Self -Management Courses • • Digital Health .. Partners Livongo— Hypertension,Diabetes • • Omada — Hypertension, Pre -Diabetes • • Naturally Slim — Weight Management • • Incentives Blue Points Rewards • • Services included in wellbeing management program * Additional Fee Per Employee Per Month Confidential and Proprietary \J 0.30q P, 033 2021 WELLNESS PROGRAM ELECTIONS BOOMER BUCKS REWARDS 9 Airrosti visits will be covered by a patient copay of $��QQ ❑ Airrosti visits will be subject to annual deductible and co-insurance Opt -In: Yes, employees will be eligible to participate in the Boomer Bucks Reward program at a cost of $15 per contest completed up to a maximum of $60 per recipient ❑ Opt -Out: No, employees will NOT be eligible to participate in the Boomer Bucks Reward program EMPLOYEE ASSISTANCE PROGRAM (EAP) ❑ Opt -In: Yes, we would like to participate in the EAP at $1.21 per employee per month Opt -Out: No, EAP will not be included in health benefit plan LIVONGO MDLIVE TELEMEDICINE NATURALLY SLIM OMADA 0 /Opt -In: Yes, we would like to participate in Livongo. uI Diabetes - $65 PPPM; $59 one-time fee for blood glucose meter Hypertension - $27 PPPM; $65 one-time fee for blood pressure monitor ❑ Opt -Out: No, we do not wish to participate in Livongo ❑ MDLIVE Medical Only: $0.46 PEPM + $44 claim cost The patient copay for MDLIVE visits will be $ MDLIVE Medical & Behavioral Health: $0.53 PEPM + $44 - $175 claim cost The patient copay for MDLIVE visits will be $ 0 ❑ Opt -out: MDLIVE will not be included in health benefit plan �( Opt -In: Yes, we would like to participate in Naturally Slim with a maximum annual claims 4+ cost of $515 per participant ❑ Cap the number of accepted participants at per series or calendar yr. (circle one) dDo NOT cap the number of accepted participants ❑ Opt -Out: No, we do not wish to participate in Naturally Slim Opt -In: Yes, we would like to participate in Omada with a maximum annual claims cost of 4� $1,195 per participant (estimated average costs are $624 per participant) ❑ Opt -Out: No, we do not wish to participate in Omada WELLBEING MANAGEMENT pEnable: $4.00 PEPM Includes' Comprehensive Utilization Management (UM); Specialty Drug Preauthorization Expansion; Outpatient UM Expansion; Behavioral Health Enhancements; Well onTarget Portal; 24/7 Nurseline; Women's & Family Health; Special Beginnings; Blue Points Rewards; Digital Self -Managed Online Resources; Digital Health Partners: Livongo, Naturally Slim, and Omada. Enable Enhancements (select the Enable Enhancements your group would like to add): ❑ Advanced Imaging, Cardiology, & Sleep Medicine UM Expansion: $0.62 PEPM Pain Management, Joint, & Spine Surgery UM Expansion: $0.52 PEPM ❑ Interactive Wellness Coaching via Well onTarget: $0.11 PEPM If your County or District has any questions regarding the Wellness Program Elections Form, please contact your TAC Wellness Consultant. _ ,--- Group Name: Contracting Authority Signature: { Date:1� I�J Printed Name: a a Y\ 0 1� Q4 ,ijj Title: �r�lN1"�11 , � 1� 01 Vol. 4 Pg. „ INTERLOCAL AGREEMENT BETWEEN BRAZOS COUNTY, TEXAS AND BRYAN INDEPENDENT SCHOOL DISTRICT REGARDING OPERATION CONNECTIVITY This Interlocal Agreement ("Agreement") is entered into by and between Brazos County, Texas ("County") a political subdivision of the State of Texas ("County"), acting by and through its Commissioners Court ("Court"), and Bryan Independent School District ("the District"), a body corporate and politic, organized and existing under the laws of the State of Texas, acting by and through its Board of Trustees ("the Board"), (individually, a "Party", and collectively, the "Parties"), that by the signatures of their respective authorized designees on this Agreement have consented to the terms thereof. RECITALS WHEREAS, on or about August 3, 2020, the District entered into an Operation Connectivity Interlocal Acquisition Agreement ("Interlocal"), attached and incorporated herewith for all purposes as Exhibit A, with Region 4 Education Service Center, Texas Education Agency ("TEA"), pursuant to Texas Government Code 791 and 2020-2021 Remote Learning Operation Connectivity -CV 19 grant ("Grant"), awarded to Region 4 in connection with the TEA bulk order program; and WHEREAS, the Interlocal supports the purchase of e-learning/remote learning devices and hotspots for the benefit of District's economically disadvantaged students, with the aim of technological facilitation of distance learning, in response to the COVID-19 crisis; and WHEREAS, the TEA (as provided under Guide to Operation Connectivity: How Municipalities and Counties Can Help, attached and incorporated herewith for all purposes as Exhibit B) envisages and encourages County to assist with the District's financial obligations under the TEA bulk order program by way of certain reimbursement of monies from the local Coronavirus Relief Fund(s) ("CRF"), received by the county pursuant to the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"), for expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions; and WHEREAS, -the governing bodies of the Parties accordingly desire that County reimburse District from County's local CRF for District's acquisition of aforementioned devices and hotspots in an amount of twenty-five thousand dollars ($25,000) subject to the provisions stated herein below; and WHEREAS, the Parties further desire to memorialize the aforementioned arrangement and make this Agreement pursuant to Chapter 791 of the Texas Government Code (Interlocal Cooperation Act) with respect to governmental functions in which the contracting parties are mutually interested. NOW, THEREFORE, the Parties, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: TERMS Y. Responsibilities of the Parties A. Upon mutual execution of this Agreement and prior to December 15, 2020, County shall reimburse District, by way of a lump sum payment of twenty-five thousand dollars ($25,000) from the County's local CRF, for acquisition expenses incurred by -the District as detailed in the recitals above, subject to the following conditions: a) District shall complete, and comply with all required documentation, conditions and formalities mandated by the State/TEA pursuant to the Interlocal and Grant, and shall comply with all associated obligations under the CARES Act/CRF, other applicable Federal, State and local laws, as well as this Agreement. District is, and remains for the duration of this Agreement, under an affirmative obligation to timely notify County, in writing, if District learns of any impediment(s) or change(s) affecting its acquisitions/funding mechanisms under the Interlocal and correspondingly, this Agreement; b) District acknowledges and agrees that County's reimbursement under this Agreement shall be in accordance with County's customary procedures. While . preserving the integrity of the total sum stated above, County reserves the right to make any necessary adjustments to payment(s) as might be required by the County Auditor for any reason, during the course of this Agreement; c) District acknowledges that the funding source, for any reimbursement payable by County to District under this Agreement, is anticipated to be local Coronavirus Relief Fund(s) ('CRF"), received by County pursuant to the CARES Act and, as such, County considers such reimbursement an eligible expenditure under the CARES Act. Notwithstanding the above, in the event of a later finding by an auditing Federal agency that County's reimbursement to District, of aforementioned expenses/order costs, does not meet eligibility criteria under the CARES Act (including related Federal memoranda/regulations/rules/laws), whether in whole or in part, District shall refund previously received monies to County, to the extent such are found ineligible by the auditing agency. Said refund must be received by County no later than the deadline indicated to District by County, following notification form the applicable Federal agency of said finding. District shall further maintain, for the minimum period required under applicable laws, all records and other documentation relating to the reimbursement herein, and shall allow County access to, and the right to copy, audit and inspect such records and documentation, as deemed necessary by County, within said minimum period. In the event of an audit by any Federal agency, or indication received thereof, the Parties agree to cooperate with each other generally, and particularly in the poi. �� ____ .pg. a3co sharinglexchange of applicable information and documents, to the extent allowed by law and as required for compliance. The Parties acknowledge and agree that this Article -I, Section A. c) survives termination of the Agreement. d) At any time following County's aforementioned reimbursement, should either Party determine that the amount of the payment, or a portion thereof, is erroneous for any reason whatsoever, the Parties shall cooperate with each other in rectifying the error. H. Term and Termination A. This Agreement shall become effective on the date of last execution stated herein and, except to the extent of Article I, Section A, c) above, which survives termination of the Agreement, shall remain effective until December 15, 2020. Following County's payment, the Agreement may be terminated, prior to its natural expiration, for any or no reason, by either Party with thirty (30) days written notice to the other Party and such termination alone shall not be deemed a breach or incur any penalty under this Agreement. M. Notice A. Any notice required or permitted between the Parties must be in writing, addressed to the attention of the respective designee, and shall be delivered in person, or mailed certified mail, return receipt requested at the following addresses: DISTRICT: Bryan Independent School District Dr. Christie Whitbeck BISD Superintendent 801 S. Ennis Street Bryan, Texas 77803 COUNTY: Brazos County Judge, Duane Peters Office of the County Judge 200 S. Texas Avenue, Ste. 332 Bryan, Texas 77803 B. Any notice given hereunder is deemed given upon hand delivery or three (3) days after the date of deposit in the United States Mail. Each Party shall have the right to chance its respective address by giving at least fifteen (15) days' written notice of such change to the other Party. Other communications, except for Notices required under this Agreement, may be sent by electronic means or in the same manner as Notices described herein. Vol. -:�Q(4 , P&� IV. Miscellaneous A. Insurance: All applicable insurance coverages shall be maintained by each Party through the course of its performance under this Agreement. B. Waiver: The waiver by either Party or a breach of any provision of this Agreement shall not operate as or be constructed as a waiver of any subsequent breach. C. Expending Funds: No Party shall incur a debt pursuant to this Agreement, and all disbursements shall take place with appropriated funds from current available the disbursing Party, to the extent permitted by law. D. Other Mutual Aid/ Interlocal Agreements: Nothing in this Agreement shall prevent the Parties form executing other mutual aid and/or Interlocal agreements/memorandums of understanding, as permitted by law, with each other or third parties. E. Addendums/Amendments: this Agreement may only be amended by mutual agreement through written addendums and/or amendments duly executed by both Parties and their authorized designees. F. Third Parties: This Agreement is intended to inure only to the benefit of the Parties hereto. This Agreement is not intended to create, nor shall be deemed or construed to create any rights in third parties. G. Validity and Enforceability; If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement shall continue in full force and effect in accordance with its terms. H. Severability: If a provision contained in this Agreement is held invalid for any reason, the invalidity does not affect the other provisions of this Agreement that can be given effect without the invalid provisions and to -this end the provisions of this Agreement are severable. I. LIABILITY AND INDEMNITY: EXCEPT TO THE EXTENT REQURED UNDER THIS AGREEMENT AND/ OR BY LAW, THERE SI NO OBLIGAITON ON EITHER PARTY TO INDEMNIFY THE OTHER PARY UDNER THIS AGREEMENT. THE PARTIES UNDERSTAND AND AGREE ETHAT A PARTY OT THIS AGREEMENT DOES NOT ASSUME CIVIL LIABILITY UNDER ANY THEORY OF LAW FOR THE ACTIONS OR INACTIONS OF THE OTHER PARTY, WITH RESPECT TO PERFORMANCE AND OBLIGAITONS REQUIRED HEREIN. IN ANY EVENT, EACH PARTY TO THIS AGREEMENT DOES NOT WAIVE OR RELINQUISH ANY LIABILITY CAP, IMMUNITY OR DEFENSE AVAILABLE TO IT BY LAW, ON BEHALF OF ITSELF, OFFICERS, A til. - - �' EMPLOYERS, AGENTS AND VOLUNTEERS AS A RESULT OF ITS EXECUTION OF THIS AGREEMENT AND THE PERFORMANCE OF THE COVENANTS CONTAINED HEREIN. J. Prior Agreements: This Agreement contains all commitments and agreements of the parties regarding the subject matter stated herein. All previously entered into Memorandums of Understanding/Interlocal Agreements/Mutual Aid Agreements between the Parties, for purposes identified herein, are superseded by this Agreement. K. Authori : Each Party acknowledges and agrees that its signatories herein have full authority to execute this Agreement and to legally bind the respective Party to this Agreement. L. Governing Law and Venue: The laws of the State of Texas shall govern this Agreement. Venue for an action arising out of or in connection with this Agreement shall lie exclusively in Brazos County, Texas. M. Headings_The headings at the beginning of the various provisions of this Agreement have been included only to more quickly locate the subject covered by each provision and are not to be used in construing this Agreement. N. State or Federal Funds: To the extent performance under this Agreement is dependent on State and/or Federal funds available to either Party for particular purposes, the Parties agree to cooperate with each other in preparing, obtaining and sharing any required documentation for utilization of such funds including, but not limited to executing any required amendments to this Agreement. To the extent applicable, a recipient Party under this Agreement further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. Any terms and conditions, consistent with the purposes of this Agreement, required by applicable law to be included in this Agreement in relation to aforementioned Sate and/or Federal funds, shall nevertheless be deemed included, whether or not expressly stated herein. The Parties further agree to cooperate with each other in executing mutually acceptable modification(s)/amendment(s) to this Agreement if such modifications)/amendment(s) become necessary during the course of performance under this Agreement in order to maintain compliance with applicable State and Federal law. 0. Non -Appropriation: To the extent performance under this Agreement may be dependent upon approval of funding, notwithstanding anything to the contrary herein, if the Commissioners Court of Brazos County or the Board of Trustees of Bryan Independent School District fail to provide funding for this Agreement during budget planning and adoption of the budget for the following fiscal year(s) from the effective date of this Agreement, Brazos County may terminate this Agreement upon thirty (30) days written notice to District and/or District may terminate this Agreement upon thirty (30) days written notice to Brazos County. Said failure to provide funding for this Agreement and consequent termination of the Agreement shall not be deemed a default or breach by either Party under this Agreement. P. Counterparts. Facsimile or Email Signatures: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of such counterparts shall constitute one agreement. To facilitate execution of this Agreement, the parties may execute and exchange by telephone or facsimile or email counterparts of the signature page. IN WITNESS WHEREOF, the Parties have duly executed on the respective dates appearing above each Party's signature. 6 Vol. P I g. -C240 EXECUTED AND AGREED to on the �� 77� day of _/yI)JIJOK& 2020. BRYAN INDEPENDENT SCHOOL DISTRICT By: bA , WAkd--) Name: Dr. Christie Whitbeck Title: SUPERINTENDENT ATTEST (IF APPLICABLE): By: &I'--- Name: Title:A�j;, APPROVED AS TO FORM: By: Name: Courtney Dickey Title: BISD General Counsel 7 EXECUTED AND AGREED to on the day of .2020. B COUNT ,TEXAS By: Name: Duane Peters Title: County Judge Name: Karen McQueen Title: County Clerk -LQL pg. vol. 3 — INTERLOCAL AGREEMENT BETWEEN BRAZOS COUNTY TEXAS AND COLLEGE STATION INDEPENDENT SCHOOL DISTRICT REGARDING OPERATION CONNECTIVITY This Interlocal Agreement ("Agreement") is entered into by and between Brazos County, Texas ("County") a political subdivision of the State of Texas ("County"), acting by and through its Commissioners Court ("Court"), and College Station Independent School District ("the District"), a body corporate and politic, organized and existing under the Iaws of the State of Texas, acting by and through its Board of Trustees ("the Board"), (individually, a "Party", and collectively, the "Parties"), that by the signatures of their respective authorized designees on this Agreement have consented to the terms thereof. RECITALS WHEREAS, on or about August, 4, 2020, the District entered into an. Operation Connectivity Interlocal Acquisition Agreement ("Interlocal"), attached and incorporated herewith. for all purposes as Exhibit A, with Region 4 Education Service Center, Texas Education Agency ("TEA"), pursuant to Texas Government Code 791 and 2020-2021 Remote Learning Operation Connectivity-CV19 grant ("Grant"), awarded to Region 4 in connection with the TEA bulk order program; and WHEREAS, the Interlocal supports the purchase of e-learning/remote learning devices and hotspots for the benefit of District's economically disadvantaged students, with the aim of technological facilitation of_distance learning, in response to the COVID-19 crisis; and WHEREAS, the TEA (as provided under A Guide to Operation Connectivity: How Municipalities and Counties Can Help, attached and incorporated herewith for all purposes as Exhibit B) envisages and. encourages County to assist with the District's financial obligations under the TEA bulk order program by way of certain reimbursement of monies from the local Coronavirus Relief Fund(s) ("CRF"), received by the county pursuant to the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"), for expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions; and WHEREAS, the governing bodies of the Parties accordingly desire that County reimburse District from County's local CRF for District's acquisition of aforementioned devices and hotspots in an amount of twenty-five thousand dollars ($25,000), subject to the provisions stated herein below; and WHEREAS, the Parties further desire to memorialize the aforementioned arrangement and make this Agreement pursuant to Chapter 791 of the Texas Government Code (Interlocal Cooperation Act) with respect to governmental functions in which the contracting parties are mutually interested. NOW, THEREFORE, the Parties, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: TERMS I. Responsibilities of the Parties A. Upon mutual execution of this Agreement and prior to December 15, 2020, County shall reimburse District, by way of a lump sum payment of twenty-five thousand dollars ($25,000) from the County's local CRF, for acquisition expenses incurred by the District as detailed in the recitals above, subject to the following conditions: a) District shall complete, and comply with all required documentation, conditions and formalities mandated by the State/TEA pursuant to the Interlocal and Grant, and shall comply with all associated obligations under the CARES Act/CRF, other applicable Federal, State and local laws, as well as this Agreement. District is, and remains for the duration of this Agreement, under an affirmative obligation to timely notify County, in writing, if District learns of any impediment(s) or change(s) affecting its acquisitions/funding mechanisms under the Interlocal and correspondingly, this Agreement; b) District acknowledges and agrees that County's reimbursement under this Agreement shall be in accordance with County's customary procedures. While preserving the integrity of the total sum stated above, County reserves the right to make any necessary adjustments to payment(s) as might be required by the County Auditor for any reason, during the course of this Agreement; c) District acknowledges that the funding source, for any reimbursement payable by County to District under this Agreement, is anticipated to be local Coronavirus Relief Fund(s) ("CRF"), received by County pursuant to the CARES Act and, as such, County considers such reimbursement an eligible expenditure under the CARES Act. Notwithstanding the above, in the event of a later finding by an auditing Federal agency that County's reimbursement to District, of aforementioned expenses/order costs, does not meet eligibility criteria under the CARES Act (including related Federal memoranda/regulations/rules/laws), whether in whole or in part, District shall refund previously received monies to County, to the extent such are found ineligible by the auditing agency. Said refund must be received by County no later than the deadline indicated to District by County, following notification form the applicable Federal agency of said finding. District shall further maintain, for the minimum.pedod required under applicable laws, all records and. other documentation relating to the reimbursement herein, and shall allow County access to, and the right to copy, audit and inspect such records and 2 Vol.��� � 9. aha documentation, as deemed necessary by County, within said minimum period. In the event of an audit by any Federal agency, or indication received thereof, the Parties agree to cooperate with each other generally, and particularly in the sharing/exchange of applicable information and documents, to the extent allowed by law and as required for compliance. The Parties acknowledge and agree that this Article I, Section A. c) survives termination of the Agreement. d) At any time following County's aforementioned reimbursement, should either Party determine that the amount of the payment, or a portion thereof, is erroneous for any reason whatsoever, the Parties shall cooperate with each other in rectifying the error. II. Term and Termination A. This Agreement shall become effective on the date of last execution stated herein and, except to the extent of Article I, Section A, c) above, which survives termination of the Agreement, shall remain effective until December 15, 2020. Following County's payment, the Agreement may be terminated, prior to its natural expiration, for any or no reason, by either Party with thirty (30) days written notice to the other Party arid such termination alone shall not be deemed a breach or incur any penalty under this Agreement. III.. Notice A. Any notice required or permitted between the Parties must be in writing, addressed to the attention of the respective designee, and shall be delivered in person, or mailed certified mail, return receipt requested at the following addresses: DISTRICT: College Station Independent School District Mike Martindale CSISD Superintendent 1812 Welsh College Station, Texas 77840 COUNTY: Brazos County Judge, Duane Peters Office of the County Judge 200 S. Texas Avenue, Ste. 332 Bryan, Texas 77803 B. Any notice given hereunder is deemed given upon hand delivery or three (3) days after the date of deposit in the United States Mail. Each Party shall have the right to chance its respective address by giving at least fifteen (15) days' written notice of such change to the other Party. Other communications, except for Notices Vol. 3a P9. a s required under this Agreement, may be sent by electronic means or in the same manner as Notices described herein. I.V. Miscellaneous A. Insurance: All applicable insurance coverages shall be maintained by each Party through the course of its performance under this Agreement. B. Waiver: The waiver by either Party or a breach of any provision of this Agreement shall not operate as or be constructed as a waiver of any subsequent breach. C. ExpendingFunds: unds: No Party shall incur a debt pursuant to this Agreement, and all disbursements shall take place with appropriated funds from current available the disbursing Party, to the extent permitted by law. D. Other Mutual Aid/ Interlocal Agreements: Nothing in this Agreement shall prevent the Parties form executing other mutual aid and/or Interlocal agreements/memorandums of understanding, as permitted by law, with each other or third parties. E. Addendums/Amendments: this Agreement may only be amended by mutual agreement through written addendums and/or amendments duly executed by both Parties and their authorized designees. F. Third Parties: This Agreement is intended to inure only to the benefit of the Parties hereto. This Agreement is not intended to create, nor shall be deemed or construed to create any rights in third parties. G. Validity and Enforceability If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement shall continue in full force and effect in accordance with its terns. H. SeverabiIi1y: If a provision contained in this Agreement is held invalid for any reason, the invalidity does not affect the other provisions of this Agreement that can be given effect without the invalid provisions and to this end the provisions of this Agreement are severable. I. LIABILITY AND INDEMNITY: EXCEPT TO THE EXTENT REQURED UNDER THIS AGREEMENT AND/ OR BY LAW, THERE SI NO OBLIGAITON ON EITHER PARTY TO INDEMNIFY THE OTHER PARY UDNER THIS AGREEMENT. THE PARTIES UNDERSTAND AND AGREE ETHAT A PARTY OT THIS AGREEMENT DOES NOT ASSUME CIVIL, LIABILITY UNDER ANY THEORY OF LAW FOR THE ACTIONS OR INACTIONS OF THE OTHER PARTY, WITH RESPECT TO PERFORMANCE AND OBLIGAITONS REQUIRED HEREIN. IN ANY 4 EVENT, EACH PARTY TO THIS AGREEMENT DOES NOT WAIVE OR RELINQUISH ANY LIABILITY CAP, IMMUNITY OR DEFENSE AVAILABLE TO IT BY LAW, ON BEHALF OF ITSELF, OFFICERS, EMPLOYERS, AGENTS AND VOLUNTEERS AS A RESULT OF ITS EXECUTION OF THIS AGREEMENT AND THE PERFORMANCE OF THE COVENANTS CONTAINED HEREIN. J. Prior Agreements: This Agreement contains all commitments and agreements of the parties regarding the subject matter stated herein. All previously entered into Memorandums of Understanding/Interlocal Agreements/Mutual Aid Agreements between the Parties, for purposes identified herein, are superseded by this Agreement. K. Authori : Each Parry acknowledges and agrees that its signatories herein have full authority to execute this Agreement and to legally bind the respective Party to this Agreement. L. Governing Law and Venue: The laws of the State of Texas shall govern this Agreement. Venue for an action arising out of or in connection with this Agreement shall lie exclusively in Brazos County; Texas. M. Headings: The headings at the beginning of the various provisions of this Agreement have been included only to more quickly locate the subject covered by each provision and are not to be used in construing this Agreement. N. State or Federal Funds: To the extent performance under this Agreement is dependent on State and/or Federal funds available to either Parry for particular purposes, the Parties agree to cooperate with each other in preparing, obtaining and sharing any required documentation for utilization of such funds including, but not limited to executing any required amendments to this Agreement. To the extent applicable, a recipient Party under this Agreement further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. Any terms and conditions, consistent with the purposes of this Agreement, required by applicable law to be included in this Agreement in relation to aforementioned Sate and/or Federal funds, shall nevertheless be deemedincluded, whether or not expressly stated herein. The Parties further agree to cooperate with each other in executing mutually acceptable modifications)/amendment(s) to this Agreement if such modification(s)/amendment(s) become necessary during the course of performance under this Agreement in order to maintain compliance with applicable State and Federal law. 0. Non -Appropriation: To the extent performance under this Agreement may be dependent upon approval of funding, notwithstanding anything to the contrary herein, if the Commissioners Court of Brazos County or the Board of Trustees of College Station Independent School District fail to provide funding for this Agreement during budget planning and adoption of the budget for the following fiscal year(s) from the effective date of this Agreement, Brazos County may terminate this Agreement upon thirty (30) days written notice to District and/or District may terminate this Agreement upon thirty (30) days written notice to Brazos County. Said failure to provide funding for this Agreement and consequent termination of the Agreement shall not be deemed a default or breach by either Party under this Agreement. P. Counterparts. Facsimile or Email Signatures: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of such counterparts shall constitute one agreement. To facilitate execution of this Agreement, the parties may execute and exchange by telephone or facsimile or email counterparts of the signature page. IN WITNESS WHEREOF, the Parties have duly executed on the respective dates appearing above each Party's signature. .b...��, .... 6 EXECUTED AND AGREED to on the (D .� day of 2020. COLLEGE STATION INDEPENDENT SCHOOL DISTRICT // Name: Mike Martindale Title:.SUPERINTENDENT ATTE T (IF APPLICABLE): By: d Name: t[4 !_.C.L I ►u Title: KC aA C APPROVED AS TO FORM: By: Name: Title: ,�"°:v CART MICHELLE HORN Notary Public lSTATE OF TEXAS �2;,,e+'� 0#12423498-1 M Comm, lex . June 4 2022 EXECUTED AND AGREED to on the loth day of November , 2020. Name: Duane Peters Title: County Judge ATTEST.- By: TTEST:By: Name: Karen McQueen Title: County Clerk Item Coversheet Page 1 of 1 BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2020-Millican Ridge Subd Final Plat DATE OF COURT MEETING: 11/10/2020 ITEM: Approval of the Final Plat of Millican Ridge Subdivision Lots 1-4, Block 1; 8.188 Acres; Andrew Millican League, A-39, Brazos County, Texas. Site is located in Precinct 1 TO: Commissioners Court FROM: Karen Tyler DATE: 11/02/2020 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 NOTES/EXCEPTIONS: Owner/Developer: Lawrence Guseman Engineer/Surveyor: McClure & Browne Engineering & Surveying Inc ATTACHMENTS: File Name Description Type 2020-10- Application for Development Backup Material 09 FP APP Millican Ridge Subdivision FIRST.PDF 09000529 -FP 2020-09-30.odf Plat Backup Material AIVRO Duane PO,rs Date y County Judge 11o9.Pg. o�0 ) https://brazos.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemlD=22145 11/5/2020 PLAT APPLICATION! Brazos County F 2617 Zz Bryan, Telephone: Fax: (9-o Email: DlatsOt ad & Bridge Office 21 West X 77803 79) 822-2127 PROPERTYSUBJEGT .- APPLICATION DATE •: 7 d Zp -ZO RESUBMITTAL: ❑ YES El NO PROJECT/SUBDIVISION NAME: Millican Ridge SubidiviSion PROJECT ADDRESS OR LOCATION: 23950 Old Hwy 6 TX LEGAL DESCRIPTION: A003900, A MILLICAN, TRACT 12, 8.05 ACRES IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS: 4 TOTAL ACREAGE 8,188 JURISDICTION: ❑ CITY LIMITS ❑ ETJ El OUTSIDE ALL CITY LIMITS AND ETJs Notification of Application completeness will be given within 10 days of Application date. All incomplete Appllcatfons will be rejected. This Application shall expire five (5) years from the Application date of the project I ❑ MASTER PLAN ❑ SIMPLIFIED PLAT ❑ PRELIMINARY PLAN Q FINAL PLAT ❑ AMENDING PLAT ❑ R�PLAT ❑✓ RESIDENTIAL OTHER (Please explain): ❑ MANUFACTURED HOME I ❑ IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? ❑ YES I ❑✓ NO Acknowledgment: The flood hazard boundary maps and other flood data used by Brazos County In evaluating flood hazards to proposed Developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural caus6s. Issuance of a Floodplain Permit In accordance with the Brazos County Flood Damage Prevention Ordinance does not imply that Development Putside the areas of special flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the part of BrUDS County or any officer or employee of Brazos County in the event flooding or flood damage does occur. WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? ❑ YES ` NO I Fv • COUNTY ENGINEER ADOBE (.pdf file) AutoCAD (.dwg file) (Email To: plats@brpzoscountytx.gov) 911 ADDRESSING [] ADOBE (.pdf file) ElAutoCAD (Awg file) (Email To: gis0br1oscountvtx.aov) Vol. `-t Pg. fl}PPucAP+I "INFORMATION',.r�5�t , t-� �*-'. 3 L � f 5� fie, `j4 �„ bi y �i tt {rTx 17b L> > � '7-} -� �$4 }��� �" -M .4+' '4S � � 'L �• C FIRM NAME: CONTACT: Gregory Hopcus CONTACT: Trey GUSeman CITY: College Station ADDRESS: P.O. Box 10173 PHONE: (979) 693-3838 CITY: College Station STATE: TX ADDRESS: P.O. Box 10173 ZIP: 77842 PHONE: 979-574-3050 FAX: EMAIL: tguseman@gmail.com PROPRU M77 Ei INFORMATION + k t �rv..:5 »@� �.�: 1: ��-.ti3:ri _ l.G. . �3 -� � r. � FIRM NAME: CONTACT: Gregory Hopcus CONTACT: Joe Schultz, PE CITY: College Station CONTACT:Trey GUSeman PHONE: (979) 693-3838 cITY: College Station STATE: TX ADDRESS: P.O. Box 10173 PHONE: (979) 764-3900 FAX STATE: CITY: College Station STATE: TX ZIP: 77842 FAX PHONE: 979-574-3050 EMAIL: FAX- AXEMAIL• EMAIL:tguseman@gmail.com '--• _ -'. � F '. T15 rt.}� d j3TY Y- i�3f "��... S ��II i } LG 4 7 t";§ F � E- .. ENGiNEERIIFORN1ATiON ,p 2f n - r 4 FIRM NAME: Schultz Engineering, LLC CONTACT: Gregory Hopcus CONTACT: Joe Schultz, PE CITY: College Station ADDRESS: 911 Southwest Parkway E PHONE: (979) 693-3838 cITY: College Station STATE: TX ZIP: 77840 PHONE: (979) 764-3900 FAX STATE: EMAIL: eng@schultzeng.com SURVEYOEt INFORMAT{ON r � s - �- d � FIRM NAME: McClure & Browne Engineering/Surveying, Inc. CONTACT: Gregory Hopcus ADDRESS: 1008 Woodcreek Dr, Suite 103 CITY: College Station STATE: TX ZIP: 77845 PHONE: (979) 693-3838 FAX j EMAIL: OTF3ERliJFORMAiiON„ FIRM NAME: CONTACT: i ADDRESS: CITY: STATE: ZIP: PHONE: FAX EMAIL: By my signature, I hereby affirm that I am the property Owner of record, or if the Applicant is an organization or business 1 ntity, that authorization has been granted to represent the Owner, organization or business In this Application. I certify that the preceding informa on is complete and accurate, and it is understooIthat 1 agree to the Development/Subdivision of this property. SIGNATURE: PRINTEDNAME:Trey GUsemaf1 DATEM01002 .+� SIGNATURE: PRINTED NAME: DATE: i By signing this form, the Owner of the property authorizes Brazos County to begin proceedings In accordance with t e process for this type of Application indicated on page one of this Application. The Owner further acknowledges that submission of an Application oes not In any way obligate the County to approve the Application and that although County staff may make certain recommendations reg*ing this Application, the Commissioner's Court may not follow that recommendation and may make a final decision that does not conform to the staffs recommendation. MASTER PLAN: No charge SIMPLIFIED PLAT: S100 PRELIMINARY PLAN: $150 + $10 per lot FINAL PLAT: $200 + $20 per lot AMENDING PLAT: $100 REPLAT: $200 DATE APPLICATION RECEIVED: I / DATE APPLICATION RECEIVED J REJECT6: ! / I SIGNATURE: I SIGNATURE: I I Receiptof this Application by Brazos County does not provide confirmation or acceptance of a complete Application, nor does it waive requirements for any additional information not contained as part of this Application which may also be needed as a part;of the review process. Application Check List: Copies of finished plat with corrections (if any): I] Three (3) hard copies to Brazos County a One (1) .pdf copy to Brazos County E1 One (1) .dwg copy to Brazos County El One (1) hard copy to Brazos County Health District El One (1) hard copy to Brazos County 911 IZI One (1) hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engi El Letter from Brazos County Health District - For On-site sewage evaluation. El Letter from Brazos County 911 - For Road names. E] Letter from Water District or Company. -Stating water availability, etc. If property is within an Extraterritorial Jurisdiction (ETJ) of a City: ❑ Approval notification from appropriate City. Applicant attests that they have signed this Application in the capacity designated, if that they have read document and the statement contained herein and any attached Applicants are encouraged to review the County Regulations prior to any plat submitt this Application is not finished or dated until all documents listed above are filed Engineering Office and all applicable blanks are filled in the Application above. l and further attests true and factual. All It is understood that the Brazos County Every Simplified Plat shall include all of the following: EI Title Block with the following information: Ell Name, address, telephone and email address of Subdivider, recordedOf caner, Engineer and surveyor. 0 Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) (Replats need to retain original Subdivision name.) El Date of preparation. (Include the date of any revisions on the plat.) 0 Engineer's scale in feet. EI Total area intended to be developed. El Proposed number of Lots to be developed. ID Re -plat or Amending Plat, existing Lot and Block description or Abstract Ell North arrow. El Drawn on 24" x 36" sheet to scale of 100 -feet per inch or larger. El Subdivision boundary indicated by heavy lines. Boundary must include all of Pe e and number. nt Tract. C] All horizontal control and vertical elevations depicted on the plat shall be tiedIto NAD83 and NAVD 1988 Datum. El A vicinity map, drawn at a scale appropriate to show all nearby major Roadw, ys and sufficient in detail to identify the location of the proposed plat. j El All adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. EI All parcels within the boundary of the Subdivision shall have a Block and Lot n mber shown on the face of the plat drawing. 0 County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district .boundaries and Subdivision section and/or phase boundaries. O Road names and Right -of -Way width for all Roads. (Existing and proposed) EI All existing and proposed plat boundary lines, phase/section lines, and Lot lin( s with bearings and dimensions. EI Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) 9 Pipelines: label company with volume and page. El All certification language as found in Appendix C. EI Easements and rights-of-way shall be dedicated to the public. The dedicati n of all Easements and rights-of-way shall be accomplished free of liens. The dedication shall be accompanied by the Certificate of Ownership and Dedication language found in Appendix'C. The Owner's and any lien holder's dedication, and restrictions if any duly acknowledged in the n anner required for acknowledgement of deeds, shall also be provided. El All proposed Easements and existing Easements of record that have a designated route shall be shown on the plat with bearings and dimensions. The Owner shall be respon ible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. El Building Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a plat note. El Metes and bounds description of the property to be subdivided shall be certi�ied by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to a corner of the original land grant survey of which the Subdivision to the best available data. (Shown on drawing; not separate description) O All Subdivision external corners, angle points, points of curvature and points set by a Registered Professional Land Surveyor (RPLS) before the plat is rec TxDOT "Light Duty Setting" monument with an aluminum or bronze disk as sp of the TxDOT Survey Manual of April 2011. Alternately, Bernsten® Stan monument (or equivalent as approved by the County Engineer) embedded compacted sand may be used. All Daughter Lots, Blocks and rights-of-way shall be fully monumented in compliance with the Texas Board of Professiona and the Board Rules set by a Registered Professional Land Surveyor (RPL recorded. is ;a part, according if tangency shall be )rded and shall be a cified in Appendix C 3rd Aluminum Base and backfilled with Ithin the Subdivision Land Surveying Act ')) before the plat is O Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original sLirvey of which it is a part. All boundaries shall be tied to a County control monument. El The plat note regarding Owner's responsibilities as found in Appendix G.4, if iot contained in the Owner's dedication. O The On-site Sewage Facility (OSSF) setback as required by the Brazos CountylHealth District. O The location, zone classification and panel Effective Date of the 100 -Year Flo dplain as identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). p If there are any areas within the plat that include a FEMA -mapped Floodplain with a Zone A classification, or If there exists within or adjacent to the plat any water courses whose ,upstream drainage basin is larger than 64 acres, the plat shall also show the extent of the 100 -Year Floodplain as determined by an engineering study under the seal of a Reg stered Professional Engineer. This study shall be sufficient in scope to determine and establish a 13FE for all points within the plat. BFE's shall be shown for all points within the plat, as determined by the resul s of an engineering study. For plats where a FEMA -mapped Floodplain with a Zone AE classificat on exists within the plat, the BFE established by the accompanying FEMA- published flood study m 3y be substituted for the engineering study. D A minimum lowest finished floor elevation (FFE) for Buildings shall be established lished for each Lot within the plat. This minimum FFE shall be twelve (12) inches higher than the highest spot elevation that is located within five (5) feet outside the perimeter of the Building, or two -feet above the BFE, whichever is higher. El If any areas within the plat include a 100 -Year Floodplain (as determined by the results of an engineering study or as established by FEMA), a benchmark shall be establ shed by the Owner within or immediately adjacent to the boundary of the plat. The location, desc iption and elevation of the benchmark are required to be identified on the face of the plat. T ie elevation of this benchmark shall utilize the same vertical datum as that used in the engineerinj I study to determine the FFE. El A separate drawing containing both existing and proposed topographic informg tion at 2 -FT contour intervals along with the plat boundaries, Easement locations (existing & pro osed), and culverts (existing & proposed). EI The certification language as found In Appendix C for both the Commissioner's Court approval and the County Clerk's filing certificate shall be located on the face of the plat. These signatures shall be obtained after approval by the Brazos County Commissioner's Court. If any Lot within the plat will be served by a well or an On-site Sewage Fac lity (OSSF), a letter must be provided by the Brazos County Health District stating they have examined. the plat and that it is in compliance with the Brazos County On-site Sewage Facility ( SSF) Regulations, Construction Standards for On-site Sewage Facility (OSSF) Regulations as pu lished by the Texas Commission on Environmental Quality (TCEQ). This letter must be signed b a representative of the District prior to Final Plat approval. 0 If the plat contains a water well site, there shall be a depiction of the TCEQ separation requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. 0 If rural route mailboxes are proposed, the plat note as found in Appendix G.2 f r placement of such mailboxes shall be shown on the face of the plat. O If any areas of the plat are located outside of all incorporated areas, the plat note as found in Appendix G.1 regarding the requirement to obtain a unique Development Permit from the Brazos County Floodplain Administrator prior to locating or altering a structure or land shall be placed on the plat. 0 It is the responsibility of the Owner to assure that the proposed name of th Subdivision is not duplicated. Subdivisions with different sections are considered unique. The O or shall check with the County Clerk's records for verification. 0 Driveway culverts for all Lots shall be designed by a Licensed Professional En ineer. 0 If entrances or driveways are proposed fronting Texas Department of Transportation (TxDOT) controlled highways, farm -to -market Roads, or others, copies of correspondence with TxDOT are required to be submitted with the Preliminary Plan stating that the generale trance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is required prior to approval of Final Plat. 0 The diameter and length for each driveway culvert shall be shown on a tab a on the plat. This Information shall also be placed in the deed restrictions for the Lots in the Subc Ivision. D The Owner shall provide a letter of serviceability from an entity or entities pro ilding water service or a letter stating that no service is available within 300 feet of the Subdivisio i and certifying that the Lots are suitable for private wells. 0 Any Improvements proposed within the Right -of -Way including, but not II Ited to, Irrigation, landscaping, sidewalks, Subdivision identification signs, etc. shall be maint ined in accordance with an executed license agreement between the County and the Owner. This check list along with the required copies of the plat shall be submitted to for approval. 0 Location and size of all existing and proposed subsurface and surface wate including water bodies on or immediately adjacent to the subject property ant needed. D All existing and proposed water courses or manmade drainage channels shal Common Area to be maintained by Owner. e County Engineer drainage facilities, detention basins, if be located within a Every Master Plan / Preliminary Plan shall include all of the following: ❑ Title Block with the following information: ❑ Name, address, telephone and email address of Subdivider, recorded Jwner, Engineer and surveyor. ❑ Proposed name of Subdivision. (Subdivision name & Street names will t a approved through the Brazos County 911.) ❑ Date of preparation. (Include the date of any revisions on the plan.) ❑ Engineer's scale in feet. ❑ Total area intended to be developed. ❑ Proposed number of Lots to be developed. j ❑ Abstract name and number. ❑ The Preliminary Plan shall carry the legend "PRELIMINARY PLAN FOR R VIEW PURPOSES ONLY'. ❑ North arrow. fj ❑ Drawn on 24" x 36" sheet to scale of 100 -feet per inch or larger, i ❑ Subdivision boundary, indicated by heavy lines. Boundary must include all of Prent Tract. ❑ All horizontal control and vertical elevations depicted on the plan shall be tied to NJ D83 and NAVD 1988 Datum. ❑ A vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plan. ❑ All adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. ❑ All parcels within the boundary of the Subdivision shall have a Block and Lot n� mber shown on the fa,ce of the plan drawing. ❑ County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundafies, school district boundaries and Subdivision section and/or phase boundaries. ❑ Road names and Road designation (whether the Road will be public or private�y owned), pavement width and Right -of -Way width for all- proposed Roads within and all existing Roads abutting the plan. (Proposed and existing) ❑ All existing and proposed plan boundary lines, phase/section lines, and Lot lin as with bearings and dimensions. ❑ Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, i etc.) (Existing and proposed.) ❑ Pipelines: label company with volume and page. I ❑ The Preliminary Plan (including the entire Parent Tract if only a portion of that tract is to be subdivided) shall be shown on a single sheet, regardless of its acreage. The Preliminary Plan may also be shown on multiple sheets if necessary to show all detail and required information as required by this section. ❑ Size, in acres, of all Daughter Tracts. ❑ Centerline tangent lengths and curve data for all proposed Roads. ❑ Easements and rights-of-way shall be dedicated to the public. The dedicat%n of all Easements and rights-of-way shall be accomplished free of lien's. r Vol. �7___ P9•,--�—L- O All proposed Easements and existing Easements of record that have a desigated route shall be shown on the plan with bearings and dimensions. The Owner shall be responsle ble for coordinating with all Utility Providers the location of all utility Easements that are shown on Final Plat. ❑ Building Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or inclu ed as a plan note. ❑ Metes and bounds description of the property to be subdivided shall be certif ed by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to a corner of the original land grant survey of which the Subdivision is a part, according to the best available data. (Shown on drawing; not separate description) ❑ Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat hall be located with respect to a corner of the surveyor tract, or an original corner of the original s rvey of which it is a part. All boundaries shall be tied to a County control monument. ❑ The plat note regarding Owner's responsibilities as found in Appendix G.4, if of contained in the Owner's dedication. 13The On-site Sewage Facility (OSSF) setback as required by the Brazos County Health District. ❑ The location, zone classification and panel Effective Date of the 100 -Year Flo dplain as Identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). ❑ If there are any areas within the plat that include a FEMA -mapped Flood ain with a Zone A classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 64 acres, the plat shall also show the extent of the 100 -Year Floodplain as determined by an engineering study under the seal of a Reg stared Professional Engineer. This study shall be sufficient In scope to determine and establish a BFE for all points within the plat. ❑ BFE's shall be shown for all points within the plat, as determined by the resul s of an engineering study. For plats where a FEMA -mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study m 3y be substituted for the engineering study. ❑ A minimum lowest finished floor elevation (FFE) for Buildings shall be esta lished for each Lot within the plat. This minimum FFE shall be 12 -inches higher than the highest c pot elevation that is located within five feet outside the perimeter of the Building, or two -feet above the BFE, whichever is higher. ❑ If any areas within the plat include a 100 -Year Floodplain (as determined y the results of an engineering study or as established by FEMA), a benchmark shall be establ shed by the Owner within or immediately adjacent to the boundary of the plat. The location, desc iption and elevation of the benchmark are required to be identified on the face of the plat. T e elevation of this benchmark shall utilize the same vertical datum as that used in the engineerin study to determine the FFE. ❑ A drawing containing both existing and proposed topographic information at 2 FT contour intervals along with the plat boundaries, Easement locations (existing & proposed), anc culverts (existing & proposed). ❑ If the plat contains a water well site, there shall be a depiction of th3 TCEQ separation requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. ❑ It is the responsibility of the Owner to assure that the proposed name of th Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. ❑ The Owner shall provide a letter of serviceability from an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. Vol. Pg. o?s q FA ❑ If entrances or driveways are proposed fronting Texas Department of Tran controlled highways, farm -to -market Roads, or others, copies of corresponder required to be submitted with the Preliminary Plan stating that the general ei configuration is within TxDOT's guidelines. Formal approval of the layout from prior to approval of Final Plat. ❑ For Road widening and drainage purposes the Owner shall dedicate the Right - of drainage that is provided for the Lots, it shall be located outside of the Righl drainage Easement. In the case of drainage that is provided for the Roadway within the Right -of -Way. ❑ Indicate the centerline length of each Road in the proposed Subdivision and its D If the Roads within the Subdivision will be privately maintained, include the apl the requirements of Article 8 of these Regulations. ❑ Locations of existing and proposed private alleys. ❑ Locations of existing and proposed public areas. O Locations of other public Improvements, including but not limited to parks, scha facilities. ❑ The location of proposed cluster mailboxes, as required. ❑ All proposed Off-site Easements for infrastructure construction must be show Plan. ❑ Proposed phasing. Each phase must be able to stand alone to meet rei Regulations. portation (TxDOT) :e with TxDOT are trance or driveway TxDOT is required f -Way. In the case if -Way in a private It shall be located sign speed. priate note(s) per and other public on the Preliminary rements of these ❑ Location and size of all existing and proposed subsurface and surface watef drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. ❑ If the proposed Preliminary Pian is to be a Private Subdivision (containing Roads), the title of the plan shall contain the phrase, "A Private Subdivision". additional requirements. ❑ This check list along with the required copies of the plan shall be submitted to for approval. ❑ Include a description of contributing drainage to the proposed Subdivision. include the area, slope and type of Development in the contributing area. ❑ Drainage narrative in compliance with the BCEDG. My maintained to Article 8 for he County Engineer The submittal shall ❑ Clearly indicate the method of sanitary sewage treatment and/or disposal suci as, but not limited to, municipal sewer service, private sewage disposal system and On-si a sewage facilities including the size and location of all proposed sewer mains and manholes. P eliminary grades for each main between manholes and the depth at each manhole shall also be sho n. ❑ All existing and proposed water courses or manmade drainage channels sh Common Area to be maintained by Owner. VOL "iq pg. aCQe be located within a ❑ For Road widening and drainage purposes the Owner shall dedicate he Right -of - Way. In the case of drainage that is provided for the Lots, it shall be to ated outside of the Right -of -Way in a private drainage Easement. In the case of dr inage that is provided for the Roadway, it shall be located within the Right -of -Way. ❑ If public Roadways are to be built as part of the plat, the plat note regarding the responsibility for construction of Roadways as found in Appendix G.3 shall be placed on the face of the plat. ❑ The plat note regarding Owner's responsibilities as found in Appendi�C GA if not contained in the Owner's dedication. I ❑ Indicate the centerline length of each Road in the proposed Subdivision and its design speed. ❑ If more than four mailboxes are to be provided within the Subdivision, cluster mailboxes shall be provided and the location of such shall be indicated on the plat. ❑ If the Roads within the Subdivision will be privately maintained, include the appropriate note(s) per the requirements of Article 8 of these Regulatio s. ❑ Locations of existing and proposed private alleys. p Locations of existing and proposed public areas. ❑ Locations of other Public Improvements, including but not limited to parks, schools and other public facilities. I ❑ All Off-site Easements for infrastructure construction must be shown ion the Final Plat with a volume and page listed to indicate where the separa a Instrument Easements were filed. Separate instrument Easements must befled prior or concurrently with Final Plat. ❑ Proposed phasing. All phasing shall be in accordance with the approve and/or Preliminary Plan and each phase must be able to stand requirements of these Regulations. Infrastructure costs should be sep phase of the Subdivision. ❑ Location and size of all existing and proposed subsurface and drainage facilities, including water bodies on or immediately adjacent property. ❑ If the proposed Final Plat is to be a Private Subdivision (contai maintained Roads), the title of the plat shall contain the phras Subdivision". Refer to Article 8 for additional requirements. ❑ In the case of an On-site Sewage Facility (OSSF), the Develc responsible for providing a Development Plan, as performed by a Sanitarian, a Licensed Professional Engineer, or person certified a TCEQ Title 30 TAC Chapter 285. The sewage disposal plan shall according rules and regulations established by the Brazos County O Facility (OSSF) Order and TCEQ Title 30 TAC Chapter 285. Master Plan ne to meet ate for each urface water o the subject ing privately , "A Private J�per shall be !i Professional s required by The performed V -site Sewage }1ip8� 11151��iij•F� fiti1Ft1 i{1� `ate 1,11,1. lit}{ 11F1r1( r r [F iF a 9a jattgl�: it'. ±$FYI ; dlfe(t F 1 d .,fit fii t i;��6f: "is ^ 9[CY lft7F1t � i1Fji � � per $P 19$('11 Tit pE1i16f� It 11, [4it, jI1:Fil a� [ rt dY [ jfrire itiii dI(Fit 'If 11 dIll, [ ra R i1 i &Pr r d9 �t €�1`fjttt$'( t[Yd �Y is ± F•L�i •ap ,ia r i t; `�qtj [a 7•f ?'Iris1 t'4d•t =tPe a4 'i9� PFY� p i rrI , $f ,�' Fj6#[ 'Pt1f ! itj of i1��l�e A Fjygtt�s j;tlftF 1t;11� i9�'d� ��f�j 0 it 7� 27lYiaP .►�idrt 1fiFF$ laird$ 8$tttf c5±rl1 sail tP z a !Vol. 3a(__ Pa. -----------------I I I � I a� I r-- —barna-19 I IE I L----- ease C$y 6 5 S 9 — — I el �S N;1� ` I I i i I I I I I I I / I / !Vol. 3a(__ Pa. -----------------I I I � I a� I r-- —barna-19 I IE zl I I L----- I — — I el �S zl I I I I ` I I i i I I I I I I I / I / I / 1� BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2019-2020 BUDGET YEAR NO. 19/20 54.1 On this the 10th day of November 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 10th day of November 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 10th day of November 2020. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: L -.- Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No.19/20 - 54.1 Pct yam'' = 2"-s^^,e" ;� u•� IDePartmeitt-L4 _Pr n Jtld a Ahkiroyal w r Dae,•:x K 'r; r; , . ^•>Fa- r.:• �.w : . F M :R &3.rf -.J r}M�..nF w �5v T `CI` .£:: F'-irtrvi-�y '� FUND DIV ACCT DR1CR ACCOUNT NAME Increase Decrease 01000 30301100 60500000 CR Equipment & IT Enhancement 200.00 01000 30301100 71119000 DR Janitorial Services 200.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2020-2021 BUDGET YEAR NO. 20/21 6.1— 6.6 On this the 10th day of November 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 10th day of November 2020 the Court heard and approved. a budget amendment(s) for the 2020-2021 budget year for Brazos County, Texas; and WHEREAS, expdnditure is necessary due to the necessityto meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 8 September 2020, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 10th day of November 2020. THE CONMUSSIONERS 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. 20121- 6.1 aatinongn FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease 2020 Certificates Road & Bridge Heavy of Obli tion ui ment Capital Outlay350,000.00 2020 Certificates of 0blition Jail Kitchen Expansion Capital Outlay 350,000.00 2020 Certificates of Obligation - Road and Bridge Heavy E ui ment and Jail Kitchen Renovation Reallocation of funds to the appropriate department's account to cover the cost of additional change orders and for not enough expenses paid out of FY 20 for the Jail Kitchen Renovation Project er9tApproS"' ` °, Dafe..a z Liz- [Cou �udgeApPrdvalr Date rt=. Fori(ceounti-ir oses"Qn FUND DIV ACCT DR1CR ACCOUNT NAME Increase Decrease 43200 63432700 80289000 DR Equipment - Road & Bride 350 000.00 43200 63432100 80101008 CR Building Renovation - Jail 350,000.00 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 20121- 6.2 1111 n12n2n FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Commissioners' Court Non Capital Commissioners Court - Non Capital De artmentaI Support 8,500.00 Commissioners' Court Non Capital Sheriff Office - Non Capital Departments] Support 8.500.00 73 iRonl DIV ACCT L 06000 11000006 60080000 DR ClothinOUniforms 8,500.00 06000 28000006 60080000 CR ClolhingfUniforms 8,500.00 Commissioners' Court- Non Capital and Sheriff Office - Non Capital " Reallocation of funds to the appropriate de artrnenfs account to purchase 11 ballistic vests for the SheriffOffice y �DepartmeritApproiial 73 iRonl DIV ACCT L &{ i. q- ..ay fi E. AY eC 'i"' �vp. Y L� ] wn ✓Y ..'2w n" FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 06000 11000006 60080000 DR ClothinOUniforms 8,500.00 06000 28000006 60080000 CR ClolhingfUniforms 8,500.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20121- 6.3 1 vi nl2n2n FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Commissioners' Court Non Capital Facilities Services - Non Capital Repair and Maintenance 25.490.00 Commissioners' Court Non Capital ShcriffOftice- Non Capital Jail Repair and Maintenance 25,490.00 FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 06000 17000006 65051000 DR Air ConditioninWHeating Maint 25 490.00 06000 28002006 65051000 CR Air ConditioningtHeating Maint 25,490.00 Facilities Services - Noo Capital and Sheriff Office -,fail - Non Capital Reallocation of funds to the appropriate department's account to complete CIP 21-594 Chiller and Insulation Replacement at the Jail. &1 x a 1.: -r sr a nom a.',i "" i Coytn _Judge Aprovat Date _ i FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 06000 17000006 65051000 DR Air ConditioninWHeating Maint 25 490.00 06000 28002006 65051000 CR Air ConditioningtHeating Maint 25,490.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20121- 6.4 1111012020 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Commissioners' Court Non Commissioners'Court-Non Capital Capital Repair and Maintenance 110,396.18 Commissioners' Court Non Capital Juvenile - Non Capital Repair and Maintenance 110.396.18 FUND DIV ACCT DR1CR ACCOUNT NAME Increase Decrease 06000 11000006 65052000 DR Carpentry and Building Repair 110,396.18 06000 31000006 65052000 CR Carpentry and Building Repair 110,396.18 Commissioners' Court- Non Capital and Juvenile -Non Capital Reallocation of funds to the appropriate de artmerifs account for roof repairs at Juvenile that was not completed in FY 20. 20 PO -20001288) CDepaitment APAredeF _r ; date , . , ,, • . , !„Cntji ouJudgeAAproval _Date"w" For; cauaana-P" 'SfesCbnl_....,;a =,.. ..t '!`� r.)a;:.t o-... .._.F, . r... a FUND DIV ACCT DR1CR ACCOUNT NAME Increase Decrease 06000 11000006 65052000 DR Carpentry and Building Repair 110,396.18 06000 31000006 65052000 CR Carpentry and Building Repair 110,396.18 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20121- 6.5 1111ni9nan FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Contingency De artmental Support 1.704.63 General Fund Other FinancingSources 1.704.63 Courthouse Securi Fund Other Financin � Sources 1,704.63 Courthouse Securi Fund Courthouse Security Departmental Surt 1.704.63 ACCOUNT NAME Increase Decrease 01000 11001500 61130000 DR —Contingency 1,704.63 01000 00000000 91200000 CR Transfer to Courthouse Security 1,704.63 22000 00000000 49028000 DR Transfer from General Fund 1,704.63 22000 51000100 60211000 CR Software - No Tag 1.704.63 Commissioners' Court- Contingency and Courthouse Security Reallocation of funds to the appropriate department's account to purchase a UPS Volta a Regulator for the Courthouse X -Ray Machine. .._' o' ... ,,. _ _ y$- ? -neap. 7Lu� .. r �, t41 4 7 5+�' T•, 5 Y Depaitm"aril Appr tr- .3 ,Date tGoun "_"_ _d9`e;,p rovalr r `?•, Date sr ?r,' °.••".�I .._' o' ... ,,. _ _ y$- ? -neap. 7Lu� .. r �, ,} 1, y� 7 5+�' T•, 5 Y FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 01000 11001500 61130000 DR —Contingency 1,704.63 01000 00000000 91200000 CR Transfer to Courthouse Security 1,704.63 22000 00000000 49028000 DR Transfer from General Fund 1,704.63 22000 51000100 60211000 CR Software - No Tag 1.704.63 Vol. _'S;zj___ Pg.zLzC_) r. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20121- 6.6 .s�'` rt k }i_2:. Fft Con �udaeAeP"royal `�•f � � z� Date • P �k` � 4"';•, t FAr_ilccoantl`n"aP oseslOfil � g.` -%".'., 'I w i FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 00000000 46023000 DR Donation -Other 500.00 01000 38000100 61235000 CR Donation -Other 500.00 op`.i . • -. -- . PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 11/10/2020 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 District Clerk Sheriffs Office — Jail Ladd, Heather Ladd, Heather Blasienz, Andrew Jackson, Randy Newell, Angela Stuart, Keven Vaughn, Christopher Approved in Commissioners' Court: 1111012020: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Change in Status Change in Status Change in Status Change in Status Change in Status Change in Status Change in Status I Personnel Change of Status ( Nov 5, 2020 ) Commissioners' Court Date: 11-10-2020 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Employment Department Name mpt9yee Nam Pos U 0 a - `& tart Propos pose Sheriff Office - Jail Ramirez, David Detention Officer - SO Jail 11-30-2020 Administration Dicky, Carroll Administration - 69 10-31-2020 Risk Management - Skidmore, Angela Secretary - Risk Management - 1 11-10-2020 Administration Thomas, Elizabeth Corporal - SO Jail Administration - 8 11-03-2020 Sheriff Office - Administration Thomas, Ke'Ohsha Telecommunications Officer - Sheriffs 11-16-2020 Administration - 3 Information Technology - Wenner, Dustin Applications Administrator - IT - 6 11-30-2020 Administration I Separations U- zmpI6y'ee,N1m'*e,', 1 � _ -N , � : :'-- -. Itllohame _Pos . , _... -L tDDep0men-fName as 4j;Wotk6d' District Clerk - Administration Coffey, Lisa Clerk III - District Clerk - 2 11-03-2020 Sheriff Office - Jail Administration Dicky, Carroll Jail Administrator 10-31-2020 Sheriff Office - Jail Administration Smith, Sheldon Detention Sergeant - SO Jail Administration - 3 10-31-2020 Sheriff Office - Jail Administration Thomas, Elizabeth Corporal - SO Jail Administration - 8 11-03-2020 Approved in Commissioners' Court: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. -3,;Lq