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HomeMy WebLinkAbout2021-05-04 10:00AM REGULAR MEETING �rY OF 5=-,BRAZOS COUNTY �s B RYAN, T EXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON MAY 4, 2021 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance -U.S. and Texas Flag - Commissioner Berry 2. Call for Citizen input and/or concerns 3. Presentations and/or Discussions • Chamber Day Surrey Results-Glen Brewer Consider and take action on agenda items: 4-21 4. Approval of the following appointments to the Brazos County Criminal Justice Advisory Committee. Termof appointment is May 4, 2021 - May 3, 2023. • a. Dawn Marie Baletka- Professor • b. Kyndra Reed, SARC VP • c. I rma Cauley- Brazos County Commissioner • d. Wayne Dicky-Sheriff, Brazos County • e. Edward Costell-Assistant Chief, TAMU PD • f. Dorothy Nevil -Executive Director, Twin City Mission • g. Robert Reed - Director. of Rural Services, MHMR • h. Doug Weedon-Citizen, Brazos County • i. Faye Lane -Citizen, Brazos County 5. Approval to wire transfer$245,128.03 to HHSC funds for DY6 Uncompensated Care Withheld Payment for all eligible hospitals. Vol. Pg. �`f�' 6. Contract renewal with Madison County for juvenile pre-adjudication detention services. 7. Approval of the following committee for the evaluation of proposals for RFP#21-065 Electronic Communication Services: • a. Kevin Stuart • b. Clayton Boone • c.Abigail Belangeri • d. Christopher Coffey • e. Legal (non-voting) • f. Purchasing (non-voting) 8. Permission to advertise RFP#21-065 for Electronic Communication Services. 9. Approval of Agreement#21-131 for Use of Subscription Material with Lexipol for Constable Pct 2. 10. Approval of service contract#CI P 21-631 Water Mitigation for Brazos County Exposition Complex with Cotton Commercial USA, LLC in the amount of$91,483.99. 11. Approval of Agreement Cl P 21-632 for Oracle support for$9,000.00 with I nnoFin Solutions, LLC. 12. Approval of the Final Plat of Batten Estates, Lots 1-3; 7.5009 acres being the remainder of 20.00 acres in Volume 10516, Page 164; James D.Allcom League,A-60; City of Bryan ETJ, Brazos County, Texas. Site is located in Precinct 2. 13. Approval of the Suddenlink Communication utility permit to lay 6,300' of fiber optic cable for internet services on the east side of Carrabba Road from Wickson Ridge to just past Whitetail Lane. Site is located in Precinct 2. 14. Approval of the Treasurer's Report for September 2020 and quarter ending September 30, 2020. 15. Approval of the Treasurer's Report for October 2020 16. Approval of expenditure journal entry for Brazos County's FY 20-21 3rd quarter cash contribution of$1-19,507.25 to the Brazos County Health District. 17. Tax Refund Applications for the following: Overpayments • a. William S Bell-$104.68 • b. Stewart Title Company-$432.99 • c. James T Wright-$45.73 • d. Marie Pena& Pete Pena Estate-$19.27 • e. Heather Head -$20.81 18. Commissioners Court minutes for the following dates: • a. April 05, 2021 - Regular Meeting • b. April 13, 2021 - Regular Meeting • c. April 20, 2021 -Regular Meeting • d. April 27, 2021 - Regular Meeting 19. Budget Amendments. Budget Amendments FY 20/21 30.1 -30.6 20. Personnel Change of Status. voi. 3, Pg. x`'15 • a. Employment& Separations • b. Personnel Action Forms 21. Payment of Claims. 22. Juvenile Director's report on detention population. 23. Sheriffs report on inmate population. 24. Announcement of interest items and possible future agenda topics. 25. Call for Citizen input and/or concerns 26. Adjourn. Vol. Pg. �� 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 Cou rt 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. 33g Pg. ��� 'TE OJ., MINUTES MAY 4, 2021 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, May 4, 2021 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Russ Ford, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4, Present by teleconference; 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 - Commissioner Berry 2. Call for Citizen input and/or concerns No Citizen input. 3. Presentations and/or Discussions • Chamber Day Survey Results - Glen Brewer Glen Brewer with the Chamber of Commerce presented the results from the 2021 Chamber Day Survey. Mr. Brewer stated that 150 volunteers were put into teams with an emergency responder to visit 750 businesses to perform the ey. Of the 750 Vol. Pg. �+8 businesses visited, 510 did complete the survey. He then detailed the questions asked and responses given by the businesses. It appears that certain types of businesses had an excellent year during 2020 and managed to increase or maintain sales, other types of businesses struggled. In the survey the Chamber asked questions regarding the impact of COVI D on their businesses. One of which was whether they had applied or been approved for COVI D assistance from the government. Results showed that 215 received government assistance, while 294 said they did not receive any help. Overall, it appears the businesses are pleased with the leadership in Brazos County and the guidance given throughout the pandemic. Judge Peters was glad to receive those survey results and is happy that the businesses are beginning to return to normal. Commissioner Berry thanked Mr. Brewer for his presentation of the survey results. A copy of the presentation is attached. Consider and take action on agenda items: 4-21 4. Approval of the following appointments to the Brazos County Criminal Justice Advisory Committee. Term of appointment is May 4, 2021 - May 3, 2023. • a. Dawn Marie Baletka- Professor • b. Kyndra Reed, SARC VP • c. Irma Cauley- Brazos County Commissioner • d. Wayne Dicky- Sheriff, Brazos County • e. Edward Costell -Assistant Chief, TAMU PD • f. Dorothy Nevil - Executive Director, Twin City Mission • g. Robert Reed - Director. of Rural Services, MHMR • h. Doug Weedon- Citizen, Brazos County • i. Faye Lane - Citizen, Brazos County Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 5. Approval to wire transfer$245,128.03 to HHSC funds for DY6 Uncompensated Care Withheld Payment for all eligible hospitals. A copy is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 6. Contract renewal with Madison County for juvenile pre-adjudication detention services. A copy of the renewal of contract is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. Voi. 33,�_ Pg. 91� 7. Approval of the following committee for the evaluation of proposals for RFP#21-065 Electronic Communication Services: • a. Kevin Stuart • b. Clayton Boone • c.Abigail Belangeri • d. Christopher Coffey • e. Legal (non-voting) • f. Purchasing (non-voting) Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 8. Permission to advertise RFP#21-065 for Electronic Communication Services. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 9. Approval of Agreement#21-131 for Use of Subscription Material with Lexipol for Constable Pct 2. A copy of the service contract is attached. Motion:Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 10. Approval of service contract#CI P 21-631 Water Mitigation for Brazos County Exposition Complex with Cotton Commercial USA, LLC in the amount of$91,483.99. A copy of the service contract is attached. Motion:Approve, Moved by Commissioner Nancy Bevy, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 11. Approval of Agreement Cl P 21-632 for Oracle support for$9,000.00 with I nnoFin Solutions, LLC. A copy of the agreement is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 12. Approval of the Final Plat of Batten Estates, Lots 1-3; 7.5009 acres being the remainder of 20.00 acres in Volume 10516, Page 164; James D.Allcorn League,A-60; City of Bryan ETJ, Brazos County, Texas. Site is located in Precinct 2. Motion:Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Vol. 3 DaZ Pg. aiE] Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 13. Approval of the Suddenlink Communication utility permit to lay 6,300' of fiber optic cable for intemet services on the east side of Carrabba Road from Wickson Ridge to just past Whitetail Lane. Site is located in Precinct 2. Motion:Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 14. Approval of the Treasurer's Report for September 2020 and quarter ending September 30, 2020. The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for September 2020 and quarter ending September 30,2020.A copy is attached and made a part of these minutes. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 15. Approval of the Treasurer's Report for October 2020 The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for October 2020.A copy is attached and made a part of these minutes. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 16. Approval of expenditure journal entry for Brazos County's FY 20-21 3rd quarter cash contribution of$119,507.25 to the Brazos County Health District. A copy is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 17. Tax Refund Applications for the following: Overpayments • a. William S Bell -$104.68 • b. Stewart Title Company-$432.99 • c. James T Wright-$45.73 • d. Marie Pena& Pete Pena Estate -$19.27 • e. Heather Head -$20.81 Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. V®I. 3 3� Pg. � / 18. Commissioners Court minutes for the following dates: • a. April 05, 2021 - Regular Meeting • b. April 13, 2021 - Regular Meeting • c. April 20, 2021 - Regular Meeting • d. April 27, 2021 - Regular Meeting Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 19. Budget Amendments. Budget Amendments FY 20/21 30.1 -30.6 30.1 Reallocate funds for Emergency Management. 30.2 Transfer funds from Commissioners Court to the Sheriff Administration Jail. 30.3 Transfer funds from Commissioners Court and Risk Management to various County Departments for roof repairs. 30.4 Transfer funds from Commissioners Court to Justice of the Peace, Precinct 3 and Constable Precinct 3. 30.5 Reallocate funds for Road and Bridge. 30.6 Transfer funds from Commissioners Court to Risk Management. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 20. Personnel Change of Status. • a. Employment& Separations • b. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 21. Payment of Claims. Claims 8107183-8107326 9001778-9001833 Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. Vol. 33a pg. 2 rDa 22. Juvenile Director's report on detention population. Detention Superintendent Christopher Coffey with Juvenile Services reported there are 26 juveniles in the detention center, 24 are male and 2 are female, and 24 have electronic monitors. There are 8 youth in isolation as per medical protocol for new intakes. 23. Sheriffs report on inmate population. Sheriff Wayne Dicky stated there were 523 inmates in jail, 461 inmates are male and 62 are female, 31 have electronic monitors and 7 are pending for processing. There are no inmates positive for COVI D-19. There are 2 staff members out for COVI D-19 medical protocols. 24. Announcement of interest items and possible future agenda topics. Commissioner Ford is interested in learning more about the training Law Enforcement Officers go through regarding public relations. He asked that a representative from County Law Enforcement give a presentation on the matter at a later date. Judge Peters notified the public that the Tax Office is closed for the day due to a fiber line being cut causing an internet and phone outage. He also gave an update on the Emergency Rental Assistance Program stating, the program is moving along but they are having issues with submissions of incomplete applications. He encouraged applicants to fully fill out the form before sending it in. He explained further that this program helps with rent that is past due or future rent that someone may be unable to pay due to the pandemic. Commissioner Berry added that if someone's job prospects are not great, that this program may be able to help with their rent as well. Commissioner Aldrich stated that there is limited time left in the current legislative session and there are a number of bills that could have a significant impact on the County. He requested Kimberly Roach give the court an update on those bills during Commissioners Court next week. 25. Call for Citizen input and/or concerns Patrick Giammalva says he is the self proclaimed mayor of Midtown Bryan and that in 2019 he ran for Mayor of Bryan with the intention to work for the citizens. Mr. Giammalva believes a false police report was filed against him during an incident at the Brazos Center on November 5, 2019. He proceeded to read the police report and reiterated that he believes he was wrongly accused. Once the report was read, he gave the report to Judge Peters for further review. Judge Peters stated that this was out of his jurisdiction but that he was welcome to leave his report. A copy of the report is attached. 26. Adjourn. Vol. Pg. ��3 The foregoing minutes of the Commissioners Court Meeting held May 4, 2021 have been examined and are approved in open Court this8Ih day of June 2021,in Bryan,Brazos County, Texas. Duane Peters Steve Aldrich County Judge Commissioner,Precinct 1 Russ Ford Nancy Berry Commissioner,Precinct 2 Commissioner, Precinct 3 Irma Cauley Commissioner, inct 4 Attest: karekMcQueen County voi. 33 Pg. L9-,j, Pg of BRAZOS COUNTY COMMISSIONER' S COURT //Z4 DAY OF 20 ;/:- AM/M5 ;/:-AM/ , Name Organization (PLEASE PRINT) (PL/EASE PRINT) 'LUi1 e e L C6 Ulm dw k�4�A V1 ?W It ?Lk(CkA6V—')- V1 s Vol. Pg. X55 Pg 7— of BRAZOS COUNTY COMMISSIONER' S COURT ' DAY OF , 20 Z/ o ov AM/PIM, lie Name Organization (PLEASE PRINT) (PLEASE PRINT) A,7�WICXCIA-XI v7A Z V/4 s� UZ� VI) Vol. 3g� Pg. ;�5 r u ' R" 1 j a H A £ _. • Pte' �a ,e ,ti"i w�'3��.,'e �- `��� x � { �.. 4, � � t CHAMBER ER OF XOMMERCE h �i 4 ry o E• ��� BRYAf�'COLLEU,ST Tl0 ` i v®i. 3 g Pg. 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Responses Yes No Total 510 216 294 Arts and Culture(Museums) 4 75.00% 25.00% Construction (Concrete, Roofer, Electrician, Builder, etc.) 19 36.84% 63.16% Education 5 80.00% 20.00% Energy(Petroleum Exploration, Fracking, etc) 1 0.00% 100.00% Financial Services (Banks, Brokerages) 29 13.79% 86.21% Government 3 100.00% 0.00% Healthcare and Wellness (includes fitness facilities) 29 62.07% 37.93% Human/Social Services 8 37.50% 62.50% Information Technology(Computers etc.) 1 100.00% 0.00% Manufacturing 10 50.00% 50.00% Real Estate Development 7 42.86% 57.14% Real Estate Development- Management 7 42.86% 57.14% Restaurant/Food &Beverage 93 51.61% 48.39% Retail (Clothing Store, Gas Station, Wal- Mart, etc.) 135 31.85% 68.15% Services -Other(includes hair salons, spas and personal care services) 105 37.14% 62.86% Services, Professional (Attorney,Accountant) 33 54.55% 45.45% Tourism, Hospitality &Recreation (Hotel, Grand Station) 16 81.25% 18.75% Wholesalers 5 20.00% 80.00% V®I. Pg. �� What impact did COVID have on your business in 2020? Stay the No Responses Increase Decrease same answer given Total 510 20.98% 56.08% 15.88% 7.06% Arts and Culture (Museums) 4 50.00% 50.00% 0.00% 0.00% Construction (Concrete, Roofer, Electrician, Builder, etc.) 19 26.32% 47.37% 26.32% 0.00% Education 5 20.00% 40.00% 40.00% 0.00% Energy(Petroleum Exploration, Fracking, etc) 1 0.00% 0.00% 100.00% 0.00% Financial Services (Banks, Brokerages) 29 31.03% 31.03% 34.48% 3.45% Government 3 0.00% 100.00% 0.00% 0.00% Healthcare and Wellness (includes fitness facilities) 29 17.24% 55.17% 24.14% 3.45% Human/Social Services 8 50.00% 25.00% 12.50% 12.50% Information Technology (Computers etc.) 1 0.00% 100.00% 0.00% 0.00% Manufacturing 10 10.00% 70.00% 10.00% 10.00% Real-Estate Development 7 42.86% 28.57% 28.57% 0.00% Real Estate Development- Management 7 57.14% 28.57% 0.00% 14.29% Restaurant/Food & Beverage 93 17.20% 61.29% 9.68% 11.83% Retail (Clothing Store, Gas Station,Wal-Mart, etc.) 135 27.41% 53.33% 9.63% 9.63% Services-Other (includes hair salons, spas and personal care services) 105 12.38% 62.86% 19.05% 5.71% Services, Professional (Attorney,Accountant) 33 9.09% 57.58% 30.30% 3.03% Tourism, Hospitality& Recreation (Hotel, Grand Station) 16 6.25% 93.75% 0.00% 0.00% Wholesalers 5 60.00% 40.00% 0.00% 0.00% Vol. pg- l �f How would you rate your business recovery from COVID in 2021? Stay the No Responses Increase Decrease same answer given Total 510 71.96% 3.33% 16.86% 7.84% Arts and Culture (Museums) 4 50.00% 0.00% 50.00% 0.00% Construction (Concrete, Roofer, Electrician, Builder, etc.) 19 78.95% 5.26% 15.79% 0.00% Education 5 80.00% 0.00% 0.00% 20.00% Energy(Petroleum Exploration, Fracking, etc) 1 0.00% 0.00% 100.00% 0.00% Financial Services (Banks, Brokerages) 29 72.41% 3.45% 24.14% 0.00% Government 3 100.00% 0.00% 0.00% 0.00% Healthcare and Wellness (includes fitness facilities) 29 79.31% 3.45% 17.24% 0.00% Human/Social Services 8 87.50% 0.00% 0.00% 12.50% Information Technology (Computers etc.) 1 0.00% 0.00% 100.00% 0.00% Manufacturing 10 80.00% 10.00% 0.00% 10.00% Real Estate Development 7 71.43% 0.00% 28.57% 0.00% Real Estate Development - Management 7 71.43% 0.00% 28.57% 0.00% Restaurant/Food & Beverage 93 74.19% 1.08% 16.13% 8.60% Retail (Clothing Store, Gas Station,Wal-Mart, etc.) 135 70.37% 2.96% 14.81% 11.85% Services -Other (includes hair salons, spas and personal care services) 105 65.71% 1.90% 20.95% 11.43% Services, Professional (Attorney,Accountant) 33 69.70% 9.09% 18.18% 3.03% Tourism, Hospitality& Recreation (Hotel, Grand Station) 16 87.50% 12.50% 0.00% 0.00% Wholesalers 5 80.00% 20.00% 0.00% 0.00% Vol. 33'-d, Pg. 910 WT E 0 1 / rYOFB4 BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Dawn Marie Baletka to the Brazos County Criminal Justice Advisory Committee The term of this appointment is from May 4,2021 to May 3,2023. Duane Peters Date County Judge Brazos County Administration Bldg. • Fax:(9 9)361-4503 Vol. 3a Pg. 0 A T� QTY OF 8�4' BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of KyndYa Reed to the Brazos County Criminal Justice Advisory Committee The term of this appointment is from May 4,2021 to May 3,2023. ne Peters Date County Judge Brazos County Administration Bldg. exas 7801 Fax:(979)361-4503 Voi. Pg. ��1 S�wtE OFT 9 QTY OF $44� BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Irma Cauley to the Brazos County Criminal Justice Advisory Committee The term of this appointment is from May 4,2021 to May 3,2023. Duane Peters Date County Judge Brazos County Administration Bldg. • 200 S.Texas Ave. • Suite 332 • Bryan,Texas 77803 • Fax:(979)361-4503 Vol. 3 "� pig. a13 9 n o��T OF BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Wayne Dickey to the Brazos County Criminal Justice Advisory Committee The term of this appointment is from May 4, 2021 to May 3,2023. Duane Peters Date County Judge Brazos County Administration Bldg. 200 S.Texas Ave. • Suite 332 Bryan,Texas 77803 • ax:(979)361-4503 [Vol. pg. a�l vfE Op �w 7 0� BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Edward Costell to the Brazos County Criminal Justice Advisory Committee The term of this appointment is from May 4, 2021 to May 3,2023. uane eters Date County Judge Brazos County Administration Bldg. 200 S.Texas Ave. . Suite 332 • Bryan,Texas 77803 ax:(979)361-4503 Vol. 33� Pg 215 O o� �o 1' OFB BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Dorothy Nevil to the Brazos County Criminal Justice Advisory Committee The term of this appointment is from May 4, 2021 to May 3,2023. Duane Peters Date County Judge Brazos County Administration Bldg. • 200 S.Texas Ave. Suite 332 • Bryan Texa ax:(979)361-4503 voo. 3 3a Pg. do �T O F BgP BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Robert Reed to the Brazos County Criminal Justice Advisory Committee The term of this appointment is from May 4,2021 to May 3,2023. ters Date County Judge Brazos County Administration Bldg. . 200 S.Texas Ave. • Suite 332 . Bryan,Texas 77803 . Fax:(979)361-4503 Vol. 3 12 pg. 9'1 E OFT BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Faye Lane to the Brazos County Criminal Justice Advisory Committee The term of this appointment is from May 4,2021 to May 3,2023. Duane Peters Date County Judge Brazos County Administration Bldg. . 200 S.Texas Ave. . Suite 332 . B an,Texas. )361-4503 vol. Pg. �� 8 4/29/2021 Item Coversheet NL" BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Budget Office NUMBER: DATE OF COURT MEETING: 5/4/2021 ITEM: Approval to wire transfer$245,128.03 to HHSC funds for DY6 Uncompensated Care Withheld Payment for all eligible hospitals. TO: Commissioners Court FROM: Irene Jett DATE: 04/14/2021 FISCAL IMPACT. False BUDGETED: False DOLLAR AMOUNT: $0.00 SOURCE OF FUNDS: Local Provider Participating Fund(16000) REQUIREMENTS: Use of TexNet system with submission date of May 5,2021 and settlement date of May 6, 2021. ACTION REQUESTED OR Request review and approval of wire transfer. ALTERNATIVES: ATTACHMENTS: File Name Description Type DB az s'thheld County LPUC PF catGE (0).9df ion Form DY6 UC IGT Backup Material P I) Duane Peters Date County Judge V01. pg. a'l N CO V' M O O O GC CV CO C a0 GG 0 It)N (CLN 13iN r c to N D N COO n N ' ` 4 wfA E9 60 to f9 E9 N a� t a , s 7 7 7 7 7 LL LL LL ��- LL LL LL LL LL LL d w �j r C C C C C C 7 7 a > 7 7 U u U 3 U 6, N N N N N N A In m m m �f e�ni qhs y� Y' l..T* I Bw Bm O :vn CX 'a. 'c a a._. a a a a a 0 x x x x x x Ogaa L6 m M CO O al "1 4 0 0 0 0 0 0 of Ln co o a o o Lo n CO X z� .. COON 1 N CA 1, LOO in 1 .r O O O r Cq r CO M M O ap.. O O r r r GNO 01 Q1 .7 C .S", 'r ti P r x 7 ',y 9+ C . 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Brazos County Juvenile Justice Center Detention Services Agreement May 1,2021—April 30,2022 CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM DETENTION OF TUVENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS § COUNTY OF BRAZOS § BRAZOS COUNTY JUVENILE BOARD BRAZOS COUNTY JUVENILE JUSTICE CENTER Detention Services MU 1,2021 -April 30,2022 This contract and agreement for secure short-term detention of juvenile offenders is entered into by and between Madison County, acting by and through its duly authorized representative (hereinafter "Juvenile Probation") and the Brazos County juvenile Board, acting by and through its duly authorized representative and County Judge, concerning detention residential services provided at the Brazos County juvenile justice Center (hereinafter"the Facility") by the Brazos County Juvenile Services Department(hereinafter"Service Provider") pursuant to license granted by the Texas Juvenile Justice Department and/or any other appropriate State agency with licensure or regulatory authority over this facility. PURPOSE 1.00 Whereas Madison County,in order to carry out and conduct its juvenile program in accordance with the Juvenile Justice Code, Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age,who are referred to a detention facility for act(s) of delinquency or act(s)indicating a need for supervision,during pre-trial and pre-dispositional status by the Court. The placement facility to be utilized is owned and operated by Brazos County and Service Provider,and is located at 1904 HWY 21 W.,Bryan,Texas 77803. TERM 2.00 The term of this Agreement is for 12 months commencing May 1,2021 -April 30,2022. It shall be automatically renewed for one (1) year terms thereafter, commencing May 1st and ending April 30th of each year, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. PROVISIONS OF SERVICES 3.01 Service Provider will provide: room and board, supervision twenty-four hours per day, seven days a week; routine medical examination and treatment within the Facility (but shall not provide or pay for emergency examination, treatment, or hospitalization outside the Facility); an approved education program; recreation facilities;and crisis intervention to each child placed within the Facility. 3.02 If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility ("Outside Treatment")is required for a child placed in the Facility,the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of juvenile Probation and agrees to indemnify and hold harmless Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment. The Administrator shall notify the appropriate juvenile Probation officials of Outside Treatment within twenty-four(24)hours of its occurrence. 1 Vol. Pg. Q& Brazos County Juvenile Justice Center Detention Services Agreement May 1,2021—April 30,2022 3.03 Children from juvenile Probation who are alleged to have engaged in delinquent conduct, or conduct indicating a need for supervision,as reflected in a Child in Need of Supervision Order (CIMS)will be admitted to the facility under the authority of any juvenile court having jurisdiction or its designated official. Children not released within forty-eight (48)hours (excluding weekends and holidays) must have a detention hearing in the Madison County juvenile court in accordance with the Texas Family Code,Title III (Section 54.01). If the child is ordered detained,a certified copy of the detention order must be delivered to the detention Facility prior to the child's re- admission. 3.04 Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the facility administrator and staff of the Facility. 3.05 Acceptance of a child by the Facility will be determined by Brazos County Juvenile Facility Staff.Service Provider reserves the right to refuse admission of any child deemed inappropriate. Service Provider has resolved to operate the Facility in compliance with the Juvenile Justice and Delinquency Prevention Act, and therefore, Service Provider will not accept children whose detention would prevent the Facility from complying with the Juvenile Justice and Delinquency Prevention Act or those "juveniles who are charged with or has committed offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of valid court order, or such non-offenders as dependent or neglected children." Section 223(a) (12) (A), Juvenile Justice Delinquency Prevention Act. No child who is intoxicated or in need of immediate medical attention will be accepted under any circumstances without having been seen, treated and released by a medical professional and given written medical clearance. 3.06 If a child is accepted by the Facility from juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions or whose mental or physical conduct would or might endanger the other occupants of the Facility,then the Service Provider shall notify Juvenile Probation of this determination. 3.07 The child shall immediately be removed from the Facility but in no event longer than twenty four(24)hours after notification. It will be the responsibility of juvenile Probation, at its expense, to provide for the transportation for the removal of the child. Any child not removed from the facility within 24 hours will be transported by Service Provider to Juvenile Probation and Juvenile Probation will be charged the cost of staff, time and fuel for the transportation. The daily rate of detention shall increase to $200.00 for any child not removed within the 24 hour period. 3.08 If a child is classified as being a High Risk Suicide and thus,per state standards,is required to be placed on one- on-one supervision, the daily rate of detention shall increase to $200.00 a day until the child no longer requires one-on-one supervision.This rate includes any partial day(s). 3.09 Any damage to county property or juvenile facility fixtures will be paid for by the Juvenile Probation Department and charges will be filed against the juvenile with the Brazos County Sheriff's Department. 3.10 Service Provider agrees that the facility will accept any child who qualifies, without regard to such child's religion,race,creed,sex or national origin. 3.11 It is further understood and agreed by the parties that children placed in pre-adjudication care in the Facility shall be removed from the Facility by the appropriate authorities from juvenile Probation,or its agents,servants or employees at the conclusion of the ten (10) day working period authorized by the court order issued at the conclusion of the initial detention hearing by the Judge of the appropriate juvenile court unless a new order has been issued authorizing the continued detention, and a copy of the new order has been delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is received by the Facility. A copy of the order issued pursuant to the waiver shall be furnished to the Facility. The same understanding and agreement between the parties exists with the exception that court orders may authorize detention for up to fifteen(15)working days after-the initial hearing and detention period. 2 Vol. pg.981L Brazos County Juvenile Justice Center Detention Services Agreement May 1,2021—April 30,2022 3.12 It is further understood and agreed by the parties that,children may be released to the Probation Officer or other appropriate authority of juvenile Probation pursuant to: (a) item 3.05 (b) an Order of Release signed by the Judge(s) of the juvenile Court of Madison County. 3.13 Service Provider shall be in compliance with all standards and requirements of the Texas Juvenile justice Department and all applicable State and Federal law. 3.14 Service Provider shall provide twenty (24) hour supervision for each child, including the supervision by detention staff during sleeping hours in a Secure Facility. 3.15 Each child placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth Screening Instrument (MAYSI-2) as required by the Texas Juvenile Justice Department. Facility personnel administering the MAYSI-2 shall be properly trained, sign the warning page, and document time and date administered.The MAYSI-2 shall then be promptly provided to juvenile Probation of the detaining county. 3.16 Each child placed in the Facility shall be enrolled in an educational program. Special steps shall be taken to comply with requirements of Special Education students and their needs. 3.17 It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Juvenile Probation, its agents, servants, or employees any way to manage, control, direct or instruct Service Provider,its directors,officers,employees,agents,shareholders and designees in any manner respecting its work, duties functions, or pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Madison County shall control the conditions and terms of detention supervision as to a particular child pursuant to the Texas Family Code,Section 51.12. COMPENSATION 4.00 For and in consideration of the above-mentioned services,juvenile Probation agrees to pay Service Provider the sum of$100.00 per day;the cost includes any duration during a 24 hour period for each child.The daily rate shall be paid to Service Provider for each day a child is in detention. The cost is based on the projected actual cost of care for children in the facility. 4.01 Every child shall receive basic detention services. Additional services that require or request special accommodations, medications, including, but not limited to: psychological assessments, mental health care, medical treatment, Chapter 55 evaluations (fitness to proceed), special accommodation services, interpreters, special dietary needs,will be paid for by the Department. 4.02 Psychological services may be provided to the child on an as needed basis at the request of the Juvenile Probation Department and shall be paid for by the Department. If any Brazos County staff is required to testify in any proceedings outside of Brazos County, the Department will reimburse Brazos County for any and all travel, lodging, meals, or other expenses related to testifying in court. Additionally, the Department shall pay Brazos County$100/day for each day the staff is unable to report to work in Brazos County. The agreement to testify is at the sole discretion of Brazos County and upon Brazos County's ability to maintain adequate staffing. 4.03 Service Provider will submit an invoice for payment of services to juvenile Probation on a monthly basis.Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control,including but not limited to:to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement.Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner.If payments are not received timely,acceptance of youth will be denied until full payment is received. 3 vol. 3 3 ), Pg. 993 Brazos County Juvenile Justice Center Detention Services Agreement May 1,2021—April 30,2022 4.04 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract.Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices(GAAP): 4.041 If Service Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds.Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March 1 following the end of the fiscal year. 4.042. If Service Provider does not obtain an annual outside audit,then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation.The accounting shall be provided to Juvenile Probation thirty(30) days prior to the renewal date of the contract. 4.05 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 4.06 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probations Fiscal Officer.Service Provider will not contact other department employees regarding any claims of payment. 4.07 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 4.08 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute,and the parties shall pay the costs of mediation services equally. ADDITIONAL TERMS&AGREEMENTS 5.01 Prior to transporting a child to the Facility for placement in detention,Juvenile Probation shall call the Facility to ensure the child will be considered for acceptance. Placement of children by authorized officers of Juvenile Probation may be denied as determined by the Facility. 5.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order/authorization from the Juvenile Court of Madison County. EXAMINATION OF PROGRAM&RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record periodically. This examination and valuation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 4 Vol. Pg. � Brazos County Juvenile Justice Center Detention Services Agreement May I,2021—April 30,2022 6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 6.04 Service Provider will keep a record of services provided to Juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above)for seven(7)years after the termination of this Agreement. 6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office,or any successor agency,to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation,including providing all records requested. Service Provider will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Service Provider and the requirement to cooperate is included in any subcontract it awards. CONFIDENTIALITY OF RECORDS 7.00 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not disclose the information except as required to perform the services to be provided pursuant to this Agreement,or as may be required by law. DUTY TO REPORT 8.01 Allegations Occurring Inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a child in a juvenile justice facility or juvenile justice program in the following manner: 8.011 For all allegations and incidents except sexual abuse and serious physical abuse:within twenty-four (24)hours from the time the allegation is made,to the following: Local law enforcement agency;and Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1- 512-424-6716 (or if unable to complete the form within 24 hours, then by calling toll-free 1-877-786- 7263, followed by submitting the report within 24 hours of said call). In addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile Justice Department within 24 hours of receipt;and With respect to juveniles placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number (936) 241-6231 and Service Provider shall contact Juvenile Probation by telephone at(936)241-6230 within 24 hours. 8.012 For allegations and incidents of sexual abuse or serious physical abuse: Local law enforcement agency immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement; Texas Juvenile Justice Department shall be notified immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by callin toll-free 1-877-786-7263. Within 24 hours 5 Vol. Pg. 9/18 Brazos County Juvenile Justice Center Detention Services Agreement May 1,2021—April 30,2022 of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile number 1-512-424-6716 or by email at abuseneglect@tjid.texas.gov and With respect to children placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number(936)241-6231. 8.02 Allegations Occurring Outside the Facility. Any person who witnesses,learns of,receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse,neglect, exploitation, death or other serious incident involving a juvenile,but that is not alleged to involve an employee,intern,volunteer,contractor,or service provider of a program or facility,shall be immediately reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. 8.03 As used within this Agreement: 8.031 An allegation or incident includes the witnessing,learning,or receiving an oral or written statement from an alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program. 8.032 A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth-on-youth physical assault or youth sexual conduct. 8.033 Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non-contact. 8.034 Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical technician,paramedic or dental. 8.035 A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board,juvenile board or by a private vendor under a contract with the governing board,juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction. The term includes: a public or private juvenile post- adjudication secure correctional facility required to be certified in accordance with the Texas Family Code;and a public or private non-secure juvenile post-adjudication residential treatment facility housing juveniles under juvenile court jurisdiction. 8.036 A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under contract with the governing board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department. CRIMINAL HISTORY SEARCHES 9.01 Criminal history searches shall be conducted.by Service Provider for any and all of its employees, interns, volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to children in the facility or program. 9.02 Criminal history searches shall include the following: 6 voi. 35 a Pg. 981,o Brazos County Juvenile Justice Center Detention Services Agreement May 1,2021—April 30,2022 9.021 Texas criminal history fingerprint-based criminal history background search through the Texas Department of Public Safety. 9.022 Local law enforcement sex offender registration records check through the Public Sex Offender Registry on the Texas Department of Public Safety website. 9.023 Federal Bureau of Investigation fingerprint-based criminal history background search at the National Crime Information Center;internet-based searches shall not be used to conduct this background search. 9.03 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later: duration of the individual's employment or period of service; minimum of three (3) years; or until any pending litigation,claim,audit or review and all questions arising therefrom have been resolved. 9.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following: 9.041 A felony conviction against the laws of this state,another state,or the United States within the past ten(10)years; 9.042 A deferred adjudication for a felony against the laws of this state,another state,or the United States within the past ten(10)years; 9.043 A current felony deferred adjudication,probation or parole; 9.044 A jailable misdemeanor conviction against the laws of this state,another state,or the United States within the past five(5)years; 9.045 A deferred adjudication for a jailable misdemeanor against the laws of this state,another state,or the United States within the past five(5)years; 9.046 A current jailable misdemeanor deferred adjudication,probation or parole;or 9.047 The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 9.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to children in a facility or program until at least one year has elapsed since the completion of any period of incarceration,community supervision,or parole. 9.06 Any of Service Provider's employees,interns,volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice program. 9.07 Juvenile Probation reserves the right,in its sole discretion,to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with children. VOL332, pg, an Brazos County Juvenile Justice Center Detention Services Agreement May 1,2021—April 30,2022 DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: 10.011. Any and all corrective action required by any of Service Provider's licensing authorities; Any and all litigation filed against Service Provider, or against its employees,interns,volunteers, subcontractors, agents and/or consultants that have direct contact with children; 10.012 Any arrest of any employee,intern,volunteer,subcontractor,agent and/or consultant of Service Provider that has direct contact with children; 10.013 Any finding of"Reason to Believe' by a state regulatory agency in a child abuse,neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with children was the alleged or designated perpetrator; 10.014 The identity of any of the Service Provider's employees,interns,volunteers,subcontractors,agents and/or consultants that have direct contact with children that are registered sex offenders;and 10.015 The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children that have a criminal history. For the purpose of this Agreement,the term"criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years;or(3) a jailable misdemeanor conviction or deferred adjudication within the past five years. 10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to Juvenile Probation any and all of the foregoing information as to any individual, whether an existing employee, intern,volunteer,subcontractor,agent and/or consultant of the Service Provider,prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. EQUAL OPPORTUNITY 11.00 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents.It will not unlawfully discriminate against employee,prospective employee,child,childcare provider,or parent on the basis of race,sex,religion,disability or national origin.Service Provider shall abide by all applicable federal,state and local laws and regulations. ASSIGNMENT&SUBCONTRACT 12.00 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the written consent of Juvenile Probation. OFFICIALS NOT TO BENEFIT 13.00 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project,shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect,in this Agreement or the proceeds thereof. s Vol. 33e:l- Pg. a 06 Brazos County Juvenile Justice Center Detention Services Agreement May 1,2021—April 30,2022 DEFAULT 14.00 Juvenile Probation may,by written notice of default to Service Provider,terminate the whole or any part of this Agreement,as it deems appropriate,in any one of following circumstances: 14.001 If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof;or 14.012 If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals,outcomes,and outputs,or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten(10) days. TERMINATION 15.01 This Agreement may be terminated for any reason: 15.011 By either party upon ten (10) days written notice to the other party of the intention to terminate; or 15.012 Upon expenditure of available funds. 15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy,Juvenile Probation may immediately suspend the effect of this Agreement,including but not limited to the obligation to pay,upon giving notice to the Service Provider. WAIVER OF SUBROGATION 16.00 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. REPRESENTATIONS&WARRANTIES 17.01 Service Provider hereby represents and warrants the following: 170.011 That it has all necessary right,title,license and authority to enter into this Agreement; 17.012 That it is qualified to do business in the State of Texas;that it hold all necessary licenses and staff certifications to provide the type(s) of services being contracted for;that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and owing to the State of Texas,the County of Brazos or any political subdivision thereof; 17.013 Brazos County will maintain in force policies of general liability insurance against loss to any person ($100,000.00) or property occasioned by acts ($100,000.00) or omissions of Service Provider providing limits of $300,000.00 per occurrence for bodily injury and $100,000.00 per occurrence of property damage. Certificate of Liability Insurance shall be furnished to Juvenile Probation. Furthermore Juvenile Probation shall be notified immediately upon any changes in the status of the insurance policy and shall promptly furnish updated certificates of insurance to Juvenile Probation. 9 FVol. a Brazos County Juvenile Justice Center Detention Services Agreement May 1,2021—April 30,2022 17.0.14 That all of its employees,interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation, neglect, death or serious incidents involving a child under the supervision of Juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse,neglect, exploitation, death or serious incidents; and that, if it has employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with children in a juvenile justice facility or juvenile justice program,then it shall prominently post in all public and staff areas of any and all of its offices/facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas Juvenile Probation Commission website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Employees Regarding Abuse,Neglect and Exploitation. TEXAS LAW TO APPLY 18.00 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County,Texas. VENUE 19.00 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County,Texas. LEGAL CONSTRUCTION 20.00 In case 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 invalidity,illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein. PRIOR AGREEMENTS SUPERSEDED 21.00 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by Juvenile Probation for the children placed in the Facility by the Judge of Madison County having juvenile jurisdiction. PRISON RAPE ELIMINATION ACT 22.00 Service Provider shall adopt and comply with all federal,state,county,and city laws,ordinances,regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero-tolerance standard against sexual abuse and sexual harassment of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual abuse and sexual harassment in facilities housing adult and juvenile Offenders. [PREA§115.312(a)] Under PREA,Service Provider is complying with PREA standards [PREA§115.312(b)] and shall make available to the CJPO all incident-based aggregated data reports of sexual abuse at its facility within 24-hours of the allegation, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30th[PREA§115.387(e)and(f)] to voi. pg, � p Brazos County Juvenile Justice Center Detention Services Agreement May 1,2021—April 30,2022 Madison County Brazos County Juvenile Justice Center Probation Department Sara Nacianceno Linda Ricketson Chief Juvenile Probation Officer Executive Director Madison County Authorized Official Duane Peters Chairman,Brazos County Juvenile Board BRAZOS COUNTY COMMISSIONERS COURT ON W l "[ 20 FULLY EXECUTED IN DUPLICATE, EACH OF E F LL FORCE AND EFFECT OF AN ORIGINAL. By: Duane Peters, County Judge 200 S. Texas Ave., Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 I1 F1. 3 3a pg 2�jj---- Brazos County Purchasing Department ' 200 S.TX AVE.,SUITE 352 BRYAN,TX 77803 PHONE(979)361-4290 FAX(979)361-4293 BRAZOSCOUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: May 4, 2021 RFP NUMBER: 21-065 TITLE: Electronic Communication Services REQUESTING DEPARTMENT: Purchasing APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: 5'"I ` to �� Vol. �3� pg• � U'00 1 POX1 L AGREEMENT FOR USE OF SUBSCRIPTION MATERIAL Agency's Name: Brazos County Constable Pct.2 Agency's Address: 200 Texas Ave#151 Bryan,Texas 77803 Attention: Christopher Mcdermott Lexipol's Address: 2611 Internet Boulevard,Suite 100 Frisco,Texas 75034 Prepared By: Brad Slaughter Program Start Date: (to be completed by Lexipol upon receipt of signed Agreement This Subscription Agreement(the"Agreement")is entered into by and between Lexipol,LLC,a Delaware limited liability company CLexipol"),and the Agency identified above. This Agreement consists of:(a)this Cover Sheet;(b)Exhibit A(Subscriptions Being Purchased and Subscription Fees);(c)Exhibit B(Terms and Conditions Specific to this Agreement);and (d) Lexipol's General Terms and Conditions,available at:https://www.lexipol.com/terms-and-conditions/. In the event of any inconsistency or conflict between Lexipol's General Terms and Conditions and those contained in Exhibit B,the terms and conditions contained in Exhibit B shall control. Each person signing below represents and warrants that they have full and complete authority to bind the party on whose behalf they are signing to all terms and conditions contained in this Agreement. Brazos County ns Pct. 2 Signature: :..,_.W:Print Name::::.:.:.::::.:..Vl)Q�, ..� .5::_..,._.. . . �- .... . .: ..-...._._ ... ....' ._..:..:.. _..v.: . . . _.. Title: U U Date Signed: Co giht 2021 voi. 3a pg. ��13 Exhibit A SUBSCRIPTIONS BEING PURCHASED AND SUBSCRIPTION FEES Agency is purchasing the following: NUT IN i Po (Start: Academy Annual Rate'Per User $096 F USD 30;00 USD7e50 (Start:5/1/2021 End:9/30/2021) 74Police0ne Academy-Annual Rate Per User ,. ..,.;.USD:37.5U 11SD 0.00; USD525.00 .- (Start:5/1%2021"Entl:9/30/2021)• Police0ne Academy:hh*Ual Rate Per User USD 90 00 USD 0 00; USp 1,260;00 .t:.., (Start:10/1/2021 End:9/30/2022)" 1 _ Police0ne Academy Annual Rat'e'Per.User;= :USD 90.00 :_::80 � ;USD32:00° USD 1.6:00, (Start:l 0/1/2021 End:9/30/2022) �'e�.."��.r aTu'i'v'.' •�'•z'"".+ �"'4 s ?v vsx r a g^c-R*'r��e�".'_ __,��" �^..?� ,�� '+e,i.'' �"a.""f" r4 Subsc ptlon'Line ftemshTatal ,'&�� Eiii, t USD'i 0200.`USDs1;8F 14 Police0ne Academy Account:Services& USD.300 00 " ;_USD 0.00:; IJSD 300 UO Setup(Stert10/1x2021 End:9/30/2022) t_,:t:•�.ta.`=A�z:�:'w'�s:"�t: +i' .rt,.'*ata).'+G..,�.::".'s�::�r�:�.=.''';.etJ°rs:.1 .�v v+a�.rr.3CL .!�i.<,�-5..1 �x `4 4'��.n.� ,x;. Jaz.. S.r.: � ssa- ...^^.t't�4^a...:,--. a k"�a —us .aw--EMIR,'a+ -s - r ``°^' c"F ` 9•M -Jk Ursai y > 'fsyt g t €€� <. �' USDh102 2,17.0.50.: w+w+IR,'. .ut +1.dY..;MS�. •'�r Discount: USD 102.00 TOTAL: USD 2,110.50 The foregoing pricing has been prorated for the benefit of Agency and Agency therefore agrees that they will waive the right to cancel this agreement until the end of the first renewal period. *The above subscription services; and when applicable, implementation services,shall be invoiced by Lexipol upon the execution of this Agreement. Notes This a Pro-Rated quote to be invoiced twice 1 st invoice Now-Sept 30,2021 for$532.50 2nd invoice for one year of Service from Oct 1,2021 -Sept 30 2022 for$1578 Discount Notes Discount is for non-sworn personal Copyright MI 5'LeApoi-Rev 12128/2020 I Vol. 332` Pg. Exhibit B Terms and Conditions Specific to this Agreement The following terms and conditions apply to all Subscription Services purchased by Agency.Capitalized terms used but not defined herein shall have the meaning set forth in Lexipol's General Terms and Conditions, available at: hitps://www.lexipol.com/tenns-and-conditions!. In the event of any inconsistency or conflict between Lexipol's General Terms and Conditions and those contained herein,the Terms and Conditions contained in this Exhibit B shall control. 9. Term.This Agreement becomes effective and enforceable upon signature by Agency's authorized representative,with a Program Start Date as specified on the cover sheet of this Agreement.This Agreement shall remain In effect for a minimum one (1)year period commencing on the Program Start Date unless a different time period is specified on Exhibit A(the"Initial Term"):provided, however,that the Term will be automatically extended for successive one-year periods thereafter(each a"Renewal Term")unless one party provides written notice of non-renewal to the other party at least thirty(30) days prior to expiration of the Initial Term or the then-current Renewal Term, as the case may be. The Initial Term and all subsequent Renewal Terms shall collectively comprise the "Term" of this Agreement. Notwithstanding the foregoing,this Agreement remains subject to termination as provided in Lexipol's General Terms and Conditions,available at:https:/Avww.lexipol.comAerms-and-conditions!. 2. Subscription Feefinvoiclno. Lexipol will invoice Agency for purchased Subscription Services at the commencement of the Initial Term and thirty(30)days prior to the beginning of each Renewal Term.Agency will pay the invoiced amount to Lexipol within thirty (30) days of the Invoice date. All invoices will be sent to Agency at the address for Agency specified on the first page of this Agreement to which these Terns and Conditions are attached.All payments will be made to Lexipol at the address for Lexipol specified on the invoice. Lexlpol reserves the right to increase pricing for each Renewal Term. 3. Ownershlo of Materials;Derivative Works: Right to Use. 3.1 Policy Subscriptions and Materials.This Section applies when Agency has subscribed to or otherwise receives access to Lexipol's Subscription Materials,as defined below. I Generally. Agency acknowledges and agrees that all policy-based Subscription Services, including but not limited to all policy manuals, supplemental policy publications, daily training bulletins, and all other materials provided by Lexipol to Agency from time to time during the term of this Agreement(such materials collectively, the"Subscription Materials") are proprietary products of Lexipol, protected under U.S. copyright, trademark, patent,and other applicable law, and that Lexipol reserves all rights not expressly granted in this Agreement. Subject to the terms, conditions and limitations in this Agreement, Lexipol hereby grants Agency the right to prepare derivative works of the Subscription Materials(each,a'Derivative Work;as defined in Section 1 of the General Terms and Conditions);provided,however,that Agency acknowledges and agrees that Lexipol will be the sole owner of all right, title and Interest in and to all Derivative Works, Including all copyrights and other intellectual property and proprietary rights therein or pertaining thereto, and Agency hereby assigns and transfers to Lexipol all right, title and Interest in and to all Derivative Works, including all copyrights and other intellectual property and proprietary rights therein or pertaining thereto.Agency will not remove any copyright notice or other proprietary notice of Lexipol appearing on Subscription Materials or Derivative Works and shall Include such notices at the appropriate place on each copy thereof. ii Right to Use: Limitations on Use.Subject to the terms,conditions, and limitations in this Agreement,Lexipol hereby grants to Agency a perpetual, personal, fully paid-up, right to use the Subscription Materials and any "- "Derivative Works in each case,solely for the Agency's internal purposes:Agency shall not use;copy;republish; " lend,distribute, post on servers,transmit,redistribute,or display,in whole or in part,by any means or medium, whether electronic or mechanical, or by any Information storage and retrieval system, any Subscription Materials or any Derivative Work other than as expressly authorized by the immediately preceding sentence. Without limiting the generality of the foregoing,Agency will not import,upload,or otherwise make available any Subscription Materials or any Derivative Work into or onto any third party, document, knowledge, or other content management system or service without Lexipol's prior written consent.The foregoing does not prohibit Agency from providing Subscription Materials or Derivative Works pursuant to an order from a court or other governmental agency or other legal process,Freedom of Information Act(FOIA)request,or Public Records Act (PRA) request, nor does it prohibit Agency from displaying the adopted/approved final policy document on a 1 of 3 Vol. Exhibit B publicly accessible website for official agency purposes,so long as Agency includes the appropriate copyright and other proprietary notices on such final policy document as required by Section 3.1(1)above. Iii Policy Adoption.Agency hereby acknowledges and agrees that all policies and Daily Training Bulletins(DTBs) Included in the Subscription Materials provided by Lexipol have been individually reviewed, customized, and adopted by Agency for use by Agency in accordance with this Agreement.Agency further acknowledges and agrees that neither Lexipol nor any of its agents, employees, or representatives shall be considered "policy makers"in any legal or other sense,and that the chief executive of Agency will,for all purposes,be considered the"policy maker"with regard to each and every such policy and DTB. 3.2 Learnina Management System. This Section applies when Agency has subscribed to Lexipol's Learning Management System ("LMS"). The LMS is a proprietary product of Lexipol, protected under U.S. copyright, trademark,patent,and other applicable law.Lexipol and its licensors retain all rights,title,and interest in and to the LMS(including,without limitation,all intellectual property rights),including all copies,modifications,extensions,and Derivative Works thereof.Agency's right to use the LMS is limited to the rights expressly granted in this Agreement. All rights not expressly granted to Agency are reserved and retained by Lexipol and its licensors. As between Agency and Lexipol, (a)all Agency Data,defined as data owned by Agency prior to the Program Start Date of this Agreement or data not otherwise subject to the definition of"Derivative Work" in Lexipol's General Terms and Conditions,is Agency's property,and(b)Agency retains all rights,title,and interest in and to Agency Data,including all copies,modifications,extensions,and derivative works thereof.Lexipol retains no right or interest in any Agency Data and shall return or destroy Agency Data following termination of this Agreement. Agency's purchase of LMS Subscription Services is subject to Lexipol's General Terms and Conditions, this Exhibit B (including this Section 3.2)and the terms and conditions found at: https://www.lexipol.com/Ims-master-service-agreement/. 3.3 Wellness Apolications. This Section applies when Agency has subscribed to Lexipol's Wellness Applications, provided by CordiccO, including but not limited to CordicoShield, CordicoFire,and all other Cordico products and services (collectively, the "Wellness Services"). The Wellness Services are proprietary products of Lexipol, protected under U.S. copyright, trademark, patent, and other applicable law. Lexipol and its licensors retain all rights,title,and interest in and to the Wellness Services(including,without limitation,all intellectual property rights), including all copies, updates, modifications, and versions thereof.Agency's right to access and use the Wellness Services is limited to the rights expressly granted in this Agreement.All rights not expressly granted to Agency are reserved and retained by Lexipol and its licensors.As between Agency and Lexipol, (a)all Agency Data collected through the Wellness Services remains Agency's property, and (b)Agency retains all rights, title, and Interest in and to Agency Data, including all copies, modifications, extensions, and derivative works thereof. Lexipol retains no right or interest in any Agency Data and shall return or destroy Agency Data following termination of this Agreement.In addition,upon termination of this Agreement for any reason,Agency shall lose access to all Wellness Services.Agency's purchase of Wellness Services is subject to Lexipol's General Terms and Conditions,this Exhibit B(including this Section 3.3)and the Terms of Use and Privacy Policy set forth within each Wellness Application. 3.4 Generally:Inlunctive Relief. Except as expressly provided herein, nothing In this Agreement shall be construed as conferring any rights or license to Lexipol's trade secrets, intellectual property, Confidential Information, Subscription Materials, Wellness Services, or the software underlying such products and services, whether by estoppel,implication or otherwise.Agency may not decompile,disassemble,reverse engineer or otherwise attempt to discover any source code contained in any software-based Subscription Services. Notwithstanding any other term or condition herein,Agency grants all rights and permissions in or relating to Agency Data as are necessary or useful to Lexipol to enforce this Agreement, exercise Lexipol's rights, and perform Lexipol's obligations - - hereunder.Agency acknowledges that a breach or threatened breach of any portion of this Section 3 may cause-­.­- Irreparable eparable harm and shall entitle Lexipol to injunctive relief in addition to any other available remedy. 4. Warranty Disclaimer.ALL SUBSCRIPTION SERVICES AND SUBSCRIPTION MATERIALS ARE PROVIDED"AS IS" AND LEXIPOL HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LEXIPOL SPECIFICALLY DISCLAIMS ALL IMPLIED. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,TITLE,AND NON-INFRINGEMENT,AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE,OR TRADE PRACTICE. S. Disclaimer of Liability.Agency acknowledges and agrees that Lexipol,Its officers,agents,managers,and employees will have no liability to Agency or any other person or entity arising from or related to the Subscription Services or the 2of3 f V®I. 3 pg. Exhibit B Subscription Materials,. or any act or omission by Agency or its personnel pursuant to, or in reliance on, any of the Subscription Materials. S. Limitation of Liability.Lexipol's cumulative liability to Agency and any other person or entity for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement,the Subscription Services, or the use of any Subscription Materials shall not exceed the subscription fees actually paid to Lexipol by Agency for the Purchased Subscription Services under this Agreement during the twelve-month period Immediately prior to the assertion of such claim,demand,or action. In no event shall Lexipol be liable for any indirect,incidental,consequential, special,or exemplary-damages or lost profits,even if Lexipol has been advised of the possibility of such damages.The limitations set forth in this Section shall apply whether Agency's claim is based on breach of contract,tort,strict liability, product liability or any other theory or cause of action. 7. Governing Law.This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas,without giving effect to any choice of law doctrine that would cause the law of any other jurisdiction to apply. S. Entire Aareement.This Agreement embodies the entire agreement and understanding of the parties hereto and hereby expressly supersedes all prior written and oral agreements and understandings with respect to the subject matter hereof. No representation, promise, inducement, or statement of intention has been made by any party hereto that Is not embodied in this Agreement.Temps and conditions set forth in any purchase order, or any other form or document of Agency,which are inconsistent with,or in addition to,the terms and conditions set forth in this Agreement,are hereby objected to and rejected in their entirety, regardless of when received,without further action or notification by Lexipol, and shall not be considered binding on Lexipol unless specifically agreed to in writing by it. 9. Additional Terms and Conditions. Except as set forth above,this Agreement remains subject to Lexipol's General Terms and Conditions,available at: hftps://www.lexipol.comAerms-and-conditionsL 3of3 F l. pg. ��1�1 WATER MITIGATION FOR BRAZOS COUNTY EXPOSITION COMPLEX SERVICE CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S.Texas Ave.,Ste.352 Contract No. CIP 21-631 Bryan,Texas 77803 Page 1 of 11 Pages Telephone(979)361-4292 GENERAL REQUIREMENT FOR CONTRACT I, Joseph Vasek as a duly authorized representative of Cotton Commercial USA, Inc. "Contractor" willingly attest to perform (or deliver) as per Exhibit A for Brazos County. I further agree to all of the provisions and specifications contained in this contract. PROJECT TIMELINE Project will start upon receiving purchase order. Timeline for the demolition portion shall be 5-7 working business days after ACM(Asbestos Containing Material) surveys are obtained if necessary. For the rebuild portion it shall be completed by September 30,2021. PROJECTS TO BE COMPLETED BY CONTRACTOR Water Mitigation Demolition-Exhibit A 1 $22,500.00 Rebuild&Restoration Services-Exhibit A2 $68,983.09 TOTAL: $91,483.09 PREVAILING WAGES RATES The Contractor shall be responsible for following all provisions of Chapter 2258 of the Government Code relating to the payment of prevailing wages. The wage rates to be used are included in Exhibit B attached. A Contractor or subcontractor who violates this section shall pay Brazos County $60 for each worker employed for each calendar day or part of the day the worker is paid less than the wage rates stipulated in Exhibit B. BONDING REQUIREMENTS The Contractor will be required to bond each project individually. The successful bidder must provide to the Purchasing Department, a performance bond and a payment bond, each in the amount of 100% of each project sum ten (10) calendar days prior to start of work for each project. Such bonds shall be executed by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed in the State of Texas to issue surety bonds with a Best Rating "A" or better. BRAZOS COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY SURETY COMPANY PROPOSED BY THE BIDDER. IN THE EVENT BRAZOS REJECTS THE PROPOSED SURETY COMPANY THE BIDDER WILL BE AFFORDED FIVE (5) ADDITIONAL DAYS TO SUBMIT THE REQUIRED BONDS ISSUED BY A SURETY COMPANY ACCEPTABLE TO BRAZOS COUNTY. F ol. 33a pg. �� Contract No.CIP 21-631 BR.AZOS COUNTY,TEXAS Page 2 of 11 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. BIDDERS RESPONSIBILITY It is the bidder's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification number and signed by an authorized representative of the firm. Failure to provide signature on the Certification of Bid Form renders bid non-responsive. Failure to complete the submission of all required forms, including but not limited to the Reference Page, House Bill 89 & Debarment Verification form, Questionnaires (when applicable), Addenda(including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the bidder agrees to comply with HB 1295, Government Code 2252.908. Bidder agrees to provide Brazos County the "Certificate of Interested Parties",Form 1295 as required,pending award, renewal, amended or extended contract. Visit https://ethics.state.tx.us/whatsnew/elf_info_form1295.htm for more information. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge,or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign contracts for Brazos County. Binding contracts shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered-and accepted. QUANTITIES The quantities specified in this contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. HOLD HARMLESS AGREEMENT Contractor,the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this contract. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS&TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos V®i. Pg. �cl Contract No.CIP 21-631 BRAZOS COUNTY,TEXAS Page 3 of 11 Pages County until the County actually accepts and takes possession of the goods at the point or points of delivery. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts for services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the contractor written notice of such termination of locations a minimum of thirty(30)days'in advance. SUBCONTRACTING Any subcontracting must be approved prior to commencement of the Contract by Brazos County. INVOICES &PAYMENTS Payments to contractors will not be made if the contractor cannot produce a Brazos County Purchase Order. Contractor shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the contractor. Brazos County will only be required to pay for materials actually received and/or services actually provided. Brazos County shall not be required to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and/or any attachments. When multiple deliveries and/or services are required, the contractor may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the contractor should provide their Taxpayer Identification Number or Social Security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. Retainage of 5% will be_withheld from each invoice for the duration of the contract until the County accepts the work as 100% complete and receives all warranties, manuals, releases of lien and other closeout documents. Upon acceptance by the County, retainage will be released to the contractor. Vol. Pg. 0 0 Contract No.CIP 21-631 BRAZOS COUNTY,TEXAS Page 4 of 11 Pages PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails.. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications,the specifications shall govern. In the event of any conflict of interpretation of any part of this overall contract, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this contract and any other terms, conditions, provisions, and specifications provided by the contractor;the terms of this contract shall supersede. GOVERNING LAW AND VENUE This bid solicitation is governed by the laws of the State of Texas, specifically, the competitive bidding requirements of the County Purchasing' Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. Potential vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of$250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve(12)month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. Venue shall lie exclusively in Brazos County, Texas,notwithstanding anything to the contrary. 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. Vol. Pg. ��_- Contract No.CIP 21-631 BRAZOS COUNTY,TEXAS Page 5 of 11 Pages 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 furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERNIINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. Vol. Pg-3D--0;2- Contract No.CIP 21-631 BRAZOS COUNTY,TEXAS Page 6 of 11 Pages POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the contractor is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000,000. In the event any work is sublet, the contractor shall require the subcontractor similarly to provide the same coverage and.shall himself acquire evidence of such coverage on behalf of the subcontractor.Waiver of subrogation is required. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a$ 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies will be acceptable without prior approval by the Commissioners Court/Risk Management. (3) Automobile Public Liability Insurance with a'$1,000,000 Combined Single Limit, in all self- propelled vehicles used in connection with the contract,whether owned,non-owned or hired. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 day_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 Iegal 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 t 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 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. voi. Pg. 303i Contract No.CIP 21-631 BRAZOS COUNTY,TEXAS Page 7 of 11 Pages 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: BRAZOSCOUNTY: Brazos County,Texas Duane Peters,Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan,Texas 77803 CONTRACTOR: Sales Contract Name: Phone Number: Billing Info: Cotton Commercial USA,Inc. 713-849-9300 5443 Katy Hockley Cutoff C/O Joe Vasek 713-201-0344 Katy,TX 77493 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. V0 i. Pg. Contract No.CIP 21-631 BRAZOS COUNTY,TEXAS Page 8 of 11 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. X05 Contract No.CIP 21-631 BRAZOS COUNTY,TEXAS Page 9 of 11 Pages Brazos County shall refuse to enter into a contract or other transaction with a person who owes a debt to the County per V.T.C.A Local Government Code§262.0276. a. This refusal to award a contract to or enter into a transaction with a person, pertains to an apparent low bidder or successful proposer that is indebted to the County; b. "Person" includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with the County requiring approval by the Commissioner's Court; c. "Debt shall include delinquent taxes, fines, fees, or delinquencies arising from written agreements with the County. d. Prior to award of a contract by the Commissioners' Court, the Purchasing Department will request a statement of account from the Brazos County Tax Office. e. Any "debt" as defined above, that is reflected on the statement of account, will be documented and placed in the bid file. The bid or proposal from the person with the debt shall be considered "non-responsive" and "not responsible", eliminating it from any further consideration of award. f. These provisions shall apply to any "person" owned, partially owned, managed, operated or represented by a"person"indebted to the County. Please list all the names of the individuals that have ownership, officers, managers, and board of directors that you have associated with your entity below. Name Title(Owner,Officer,Director,Manager,Etc.) Pete Bell CEO Randall Thompson COO Bryan Michalsky CFO Jordan Wadsworth Director Natan Shkyle Director Vol. 3 ��• �� Contract No.CIP 21-631 BRAZOS COUNTY,TEXAS Page 10 of 11 Pages HOUSE BILL 89 &DEBARMENT VERIFICATION Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non-debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms,that the company submitting this proposal,under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently: and 2. Will no boycott Israel during the term of the contract. Pursuant to Section 2270.001,Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory,but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: Cotton Commercial USA,Inc. Authorized Company Representative: Joseph Vasek Address: 5443 Katy Hockley Cutoff,Katy,Texas 77493 Signature: Date: 28 April 2021 Contract#: CIP 21-631 VOL3-32-- Pg-39-3- Contract No.CIP 21-631 BRAZOS COUNTY,TEXAS Page 11 of 11 Pages CERTIFICATION OF BID The undersigned further affirms the non-debarment statement above, that they are duly authorized execute this contract,that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. Signed By: Title: Project Coordinator Typed Name: Joseph Vasek Company Name: Cotton Commercial USA,Inc. Phone Number: 713-201-0344 Email Address:Jjoev(acottonteam.com Mailing Address: 5443 Katy Hockley Cutoff Katy Texas 77429 P.O.Box or Street City State Zip Employer Identification Number: 20-2702810 P ed b Commis 'oners' Court on this "4 day of MaKA 2021 by Holding the position of Uo n i Tu(jm ,7 7 Vol. Pg. Services Statement of Work for: Brazos County Oracle EPM Support 300 E 26' Street Bryan, TX 77803 C Y 3 � NNOF � N Submitted: April 26, 2021 This proposal was prepared by: SOLUTIONS Kimberly Champion InnoFin Solutions LLC 720 S. Colorado Blvd. Penthouse North Denver,CO 80246 (720)252-6539 kim.champion@innofinsolutions.com f-7 en Vol. a Pg. ',301��7� Services Statement of Work: Oracle EPMSupport Table of Contents STATEMENTOF WORK TERMS:.............................................................................................................................;3 PROJECT SCOPE AND OBJECTIVES..........................................................................................................................3 SUPPORTPROCESS:...............................................................................................................................................4 CONSULTANT RATES AND ESTIMATED PROFESSIONAL FEES..................................................................................5 PAYMENTTERMS......................................................................................................................:............................6 G Vol. pg.-2 0 INNONN SOLUTIONS Services Statement of Work. Oracle EPMSupport Statement of Work Terms: This Statement of Work ("SOW") is a Time and Materials Agreement release and is effective as of May 1, 2021. This SOW includes the following parties: BETWEEN: Brazos County 300 E 26TH Street Bryan, TX 77803 AND: InnoFin Solutions LLC ("InnoFin" or "Contractor") 720 S. Colorado Blvd. Penthouse North Denver, CO 80246 The terms of this SOW are limited to the scope of this SOW and shall not apply to any other SOWS which may exist between the parties. Project Scope and Objectives InnoFin will provide skilled Oracle resources to assist Brazos County in supporting the Oracle Enterprise Performance Management (EPM) application on an on-going basis. InnoFin Solutions will be a single point of contact for Brazos County EPM administrators for questions and to resolve issues with the Oracle application. InnoFin will provide technical and functional expertise as requested and ensure timely resolution of technical and functional issues. The following activities are in scope: 1. Data loading assistance 2. Calculation updates 3. Dimension member and hierarchy updates 4. Financial reports and SmartView template troubleshooting & minor updates 5. Webform troubleshooting and minor updates 6. Security troubleshooting& minor updates 7. Input form changes 8. Support for end-user administration 9. Minor application adjustments 10. Answer questions on the application voi. 33a pgeINNORN SOLUTIONS Services Statement of Work: Oracle EPMSupport The following activities are not considered support and are examples of out of scope activities: 1. *Major changes to the application including, but not limited to, adding new dimensions or data sources, and/or designing, building and testing new cubes. 2. Onboarding new users 3. Troubleshooting desktop connection issues *Major changes are defined as changes individually requiring over 40 hours of consultant time. Support Process: InnoFin will provide oversight and follow-up of help tickets submitted by Brazos County through InnoFin's ticket system, called Zendesk. Below are the steps to submit a help ticket: 1. Navigate to http://innofinsolutions.com 2. Click on "Support" 3. Click "Add" in the upper Left-Hand corner and create a new ticket. Populate the subject, description, and priority, and click "Submit as New" in the lower right-hand corner. InnoFin will comply with the following Service Level Agreement: Ticket Priority Definition Response Time- Urgent Total loss of PBCS with no workaround in place. High 24 hours Impact degradation of service High Low Impact degradation of Application or a non- critical function 48 hours Normal Oracle PBCS Enhancements, etc. 72 hours To be agreed upon based on Low the complexity of the request *Based on InnoFin Service Desk Hours of Operation: 8AM-5PM U.S. Central Time Zone, Monday-Friday, excluding Federal Holidays 4 INNO N SOLUTIONS P93P,2` Services Statement of Work. Oracle EPMSupport General Assumptions: 1. Major changes to the application will be contracted separately through a SOW specific to that effort 2. InnoFin resources will work offsite to resolve tickets for the duration of the support contract; however, InnoFin resources can travel to Brazos County's facility upon request and pending mutually agreeable travel dates. Online web conferencing tools will be provided by InnoFin to facilitate any necessary meetings while InnoFln resources are not onsite at Brazos County. 3. Brazos County shall grant InnoFin access to its Oracle Enterprise Performance Management environment to perform services contained in this Statement of Work 4. Brazos County shall keep its Oracle licenses current, including support and maintenance Consultant Rates and Estimated Professional Fees The following is a budget of hours reserved solely for support activities and to be used only as support is requested by Brazos County. InnoFin will provide a weekly status report to Brazos County following weeks in which support hours are incurred, in order to mutually track the balance of remaining hours. These hours are good for one year. InnoFin reserves the right to annually adjust the Hourly Rate annually once approved by Brazos County. T --r—•--� - wg t o hpi # a s s as �• A o }ours Flaurly Rate= Total F�ees�� 2i ,y✓., t eai : �a, t ax ,� } �",.F-t" r.;11..S'e _ f Y §1, .r-s,� ... .- ',r... ,2:, i. .i d ,- n y, �:..,.. .'. . :, �s ri-S-✓,..� � i._ � `'3«�'4. �iF``g' 4.s.�. s Application Support 6 150W $9,000 Total 60 $9,000 Note:The support consultant will work offsite. In the event that Brazos County is need of additional hours over and above the sixty (60) hours currently contracted and budgeted for, additional hours can be provided to the County at the hourly rate of$150.00 per hour. This contract shall expire on December 31, 2021 and shall not exceed a combined total forty- five thousand dollars ($45,000.00) which includes the nine thousand dollars ($9,000.00)for the budgeted sixty (60) hours and any additional hours needed in excess of that. 5 INNONN SOLUTIONS vol. 3 fig. 1 Services Statement of Work: Oracle EPMSupport Payment Terms InnoFin will invoice monthly for hours incurred, Payment terms are Net 30 days from invoice date. G INNONN SOLUTIONS of. Services Statement of Work Oracle EPMSupport Each party is signing this Statement of Work on the date stated opposite that party's signature. INNOFIN SOLUTIONS LLC Date: 04/26/2021 By: / Name (Print): Kimberly Champion Title: Owner Brazos County Date: 1' V By: Name (Print): Dua- e Pmn Title: Wu 7 3a . 3�5 SST �0 � Vol. � OLU'PIONS SOLE SOURCE I SINGLE SOURCE I NO:SUBSTITUTE.,JUSTIFICATION Complete this form and submit to Purchasing for Sole Source purchases over$1000.00 REQUISITION## '11T—EM(S)"Innofinn Support Contract co 9,000 I.Check the category most applicable to your requirement: Sole Source. (No other known source or the only source meeting specifications.) Q✓ Single Source. (Only the designated Supplier is acceptable due to territories,others may exist.) other.Please Explain II.Check the description(s)most applicable to your requirement: ✓❑Item has characteristics unique to a Single manufacturer essential to proposed use. Proprietary repair or replacement item. Designed into fabricated equipment Required for test and evaluation. Emergency acquisition as defined in LGC 262 Q✓ Other:lnnofinn customized Oracle - PBCS to Brazos County and understands the setup III.Defining Item I Supplier uniqueness: A. What are the minimum use requirements(e.g.,operating specs;dimensions;tolerances;accuracy;purity;reliability;useful life,etc)? This vendor designed system and has unique knowledge to respond quickly if issue arise. B. How are these requirements critical to your needs? Budget has started the FY 22 budget cycle. It's been customized to Brazos County needs. C. What other suppliers were considered and why were they rejected?(Brand names and suppliers should be specified.) D. Why is this make,model,service,or supplier the only one acceptable? Specific design to meet Brazos County needs. Prepared By: Irene Jett Dater Department Personnel) Approved By: �Q%=�� Date: epartment ff e—a&NalaaeMfficial) Purchasing Use Only ❑Approved By: Date: []Denied By: Date: Reason: COMMISSIONER COURT MINUTES OF May 4, 2021 ARE CONTINUED FROM VOLUME 332 von. 333 Pg. � Item Coversheet Page 1 of 1 ° .0 ry of e� BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2021-Final Plat Batten Estates DATE OF COURT MEETING: 5/4/2021 ITEM: Approval of the Final Plat of Batten Estates,Lots 1-3;7.5009 acres being the remainder of 20.00 acres in Volume 10516, Page 164;James D.Allcorn League,A-60;City of Bryan ETJ,Brazos County,Texas.Site is located in Precinct 2. TO: Commissioners Court FROM: Karen Tyler DATE: 04/27/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 NOTES/EXCEPTIONS: Owner/Developer. Thomas Batten Surveyor: ATM Surveying(Adam Wallace) ATTACHMENTS: File Name Description Type Plat Application Batten Estates.0 Application for Development Backup Material Final Plat Batten Estates-FM 974- Plat Backup Material 6601-7.5 acres reO--bw.odf IPP VED �r Duane Peters Date County Judge Vol. 3 J Pga Brazos,.County Road&Bri*dge 0%66- -,�,�.• .� -a2617SH.•21 VUe�t ;.; - .ryas; pho e T79 7803: m Tel (9_".j 822-2127 ne :Email.ala sgbraz6kauntvbc aov PLAT:APPLICATI4.N. PROPERTYSUBJECT INFORMATION APPLICATION:DATE':0610812020 , ' RESUBMITTAL'... PROJECT ISUBDIVISIONNAME Baited:Estates . PROJECT'ADDRESS OR LOCATION:660'fF.M.914;8razos.County TX 77808 LEGAL.IJESCRIPTI.ON:20.0-Acres,James D::.Alledin League,A-6.466567' IF RESUBMIITAL;-PROJECT.FORMERLY KNOWN ASc _ NUMBER=OF L0T$:4 ;:.:..;. TO7AL ACREAGE:19 99 ETJ: OUTSIpE ALL CITY LIMITS AND ETJs` JURISDICTION -CITY LIMITS Notlfleatlon of.Applicatior eontploteness wlil ba given wlit+tri`10 days of Application date.,.All Ipeompleta;Appilcattons wlli lie[ejected: This Applieat�on shall i#ic-Ire fiv6_jp' rs from the.Applleatfoin date bf;the project :. TYPE OF APPLICATION KLAN:,:':: PLAT- PRELIMINARY PIAN FINAL PLAT......... . ...._ AMENDINGPLAT, APPLICATION .• PRESIDENTIAL fNANUFACTUREQ HOME . COMMERCIAL'.* ❑ RE OT,OTHER; FLOODPLAIN " I5ANY OF:THE PROPERTYLOCATED IN A.FLOODPLAIN OR FLOOD WA7ARD 14REA?. . :. : E5 71N 0 .. _ Ackriow6dgmerit:.The flbod hazard boundary maps acid ouier Il6od data used by Brazos County'In•evaludrig flood-hdwrds to:proposed Developments are.tonsidtbPed reasoirable and accurate far n3gulatary puipases'and are:ti8§ed'oil the best available.scientlflc and engineering data On rare ocoas!ons greater floods carr and wil!occur:and flood heights:may be:increased.bythen Made or;natural causes.ssuance of a Floodptain- Permit In accordance with the;Brazos County Flood'Damage Prevention'Ordinanca does_not Imply that Development outside the areas=of special flood.hazard will be free from flooding or flood damage.Issuance 9t a'permit shall not create liab7ry ori Ihe.part of,8rizb County or any:officer or employee of Brazos County In the event flooding dr flood damage does occur• .. !• • WILL ANYCONSTRUGTION.00CURIN.TxDOTRIGHT-OF-WAYS??,._:. ...•.; ! • COUNTY`ENGINEER ,: ;•;' uIoCAD(dwgfite} ADOBE(pdf ttiej -: (EmarT.To:.Plats@Irrazosccunfytrl , •. 911 ADDRESSINOa . t -,AD pdf file) _ ...: AutoCAD(dwg file). (Ema7 To gls(a�brazOscountvbraav) • • INFORMATION Vol. 553 Pg. 3 ,APP�LYCANTI1F0z.R144TIQt�7xk FIRM NAME:ATM SURVEYING - CONTACT:Adam Wallace ' ADDRESS:1403 LEMON TREE CITY:.COLLEGE STATION STATE:'T.EXAS . . ZIP:.77846 PHONE:9791209.9291 EMAIL:Adam@ATMsurveying.ccm . r r�+ x ¢ a -"`. n t'r•7�p.__s,t �' 1,r ��„§yAy s��.� „sas �, r' �' .. y 3 t ... p OPER' ' ?�zc�, s�.��r .�cs�s._, .,._s. .� e.. ,4'£a � '�� "5`x` ? ��� � �d�• s �l.h'(.°,�a arc ��4 _ FIRM NAME:Thomas Batten CONTACT-.Thomas Batten ' ADDRESS:6601 F.M.974 Cnv:Bryan. 'STATE:TX ZIP:77808 PHONE:(979)-8204989 FAX:. ..:.:.:::.. EMAIL:tcmmy4attenO_yahoo.cdm. .. P:�-^n.•�,, ro - ,.•, -^, 9 x-� �� Y"' j �.,t..`"a cwt}xS pp"xX�.t. �l" �. r�` -m `'.n i� �€ FIRM NAME: CONTACT: . :. ' ADDRESS;, CITYi .STATE: ZIP: ::.. PHONE: :.. ... . ..... . FAX: EjM.ppAIL':., _Hli Z tf -"� s h� .. Ch*"�5.�°'—.. "h a y .' _-_'xl -"•-':§'ms s FIRM NAME-,ATM SURVEYING .... ..... CCINTACT:dl Wallace ADDRESS:'1403 LEMON TREE; CITY.CQLLEGE.STATION ' ' STATE:TEXAS: ZIP:77840'.... PHONE:979-209-9291. ;FAX: :....:: ... EMAIL:Adam@ATMsurveying.com ...:... .... .. ; ' :.L 9^ E •.•:: �£x A�.",w"#'`y.'� �� t axi t s F 5^b a aJ -fi �r OTHE ,{ F0t11A►T1ON ' 'fir t r �: � r x r 1 e ax. S`fc.N�s?..` b�i .x•? FIAM NA E: CONTACT:. ADDRESS: .. CITY:. STATE;. ::::.. ZIP; FAX. EMAIL: .............:. PROPERTY OWNER CONSENTi• i Voi: pg, . By my.slgtawe.l ttnmby-mom that I am ti>B property Owner of reootd a it the Applicant is an#fpniz bob or bMhess ej ty.Mat'SUMniatan ' has been grimed to represent to Owner.cipanizaikil or busrhes8 rn thi9AW Caton I catty that the preeedmg.tnkmfaban is camptete and aoaueie,and it n undersfoOd.t�t 1 apreeto file DeveiopeleriMbdnts+ohof IPoaProperty. SIGNATURE,-L j' PRINTED NAME Thomas Batten' DAT :t SIGAIATURE PRINTED NAME 'DATE By®igiang;itis fm.the Ovhter of the Pico"aulhonns Brazos Cowry to OW p rooBf anp..in at=tdance vihth Rte:MMISs rar nils-type at. Appiictibm indcM an page one of VW App OWL The owner NMW scrriowtedges that submaswn of an Appticabon om not*m any way afgate V*:County to approve ft.Appksbah aro that.et aAr, County eteft may Mahe certain McommtEitfauens repiding ftAppicaam..the Coni t smWe Coat."no tom{hatr0oarartgrmabon and may MaceS Anal dammon va doft in .ebntarn to the stags)eCOnhrrterhdabotl CALCULATIONSOF •11Ut5TER PLAN A c ctiatg0. SIKIPLIFtED PLAT STro PRELIMIb6iRM PIAN' .313b*SS per to ONAL4-PLAT 5150+$10W1d1- I AWNDING'PLP.:T -SIQB #EPL1tT' 5150 REtEIRT BY • (Official DATE APPUCATIONRECEIVED_I_!_ DATE APPLICATM,RECEIVED I REJECTED_r!77 ?_ SIGNATURE SIGNATURE Fteoeipl of thm Appi*ei 71b.Brazos Counly does not oramda conramatT or emeptance'of a camplitle Application,nor dries it W*Aa nlquut Marts for any eddltlbnel'irtforhnebah not cantainsd as pan or this Appllratiwt which may also be needed as a parr d the review pocew. Application Check List: Got es.of finished plat. ith corrections(if any): Three(3)hard copies to Brazos County One(1)..pdf copy to Brazos County One(1).dwg copy to Brazos County One(1)hard copy to Brazos County Health District ne(1)hard copy to Brazos County 911 ne(1)hardcopy to local Water.District or Company Letters of approval(to be sent by the approving institution directly to braios County Engineering) Letter from Brazos County Health'District-For On-site sewage evaluation. atter from Brazos County 911 For Road names. o4ter from Water District or Company.-Statind water availability;etc. it'property is within an Extraterritorial Jurisdiction(ETJ)of a City 04p notification from appropriate City Applicant attests that-.they have signed this Application in the capacity designated, If any, and further attests that they'-have read;document and,the statement contained herein:and any attached are:true and factual ::All Applicants;are encouraged to review.the County Regulations prior to-any plat submittal. It-is understood that this Application is not finished or dated until all documents listed above are flied at the Brazos County Engineering Office end.all applicable blanks are filled in the Application above. Evo . 333 Pg. SIMPLIFIED FINAL PLAT REQUIREMENTS Every Simplified Plat shall include all of the following: Title Block with the following information: Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. aProposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) (Replats need to retain original Subdivision name.) tl Date of preparation. (Include the date of any revisions on the plat.) Engineer's scale in feet. Total area intended to be developed. Proposed number of Lots to be developed. Re-plat or Amending Plat, existing Lot and Block description or Abstract name and number. v/ North arrow. V( Drawn on 24" x 36" sheet to scale of 100-feet per inch or larger. V/ Subdivision boundary Indicated by heavy lines. Boundary must include all of Parent Tract. All horizontal control and vertical elevations depicted on the plat shall be tied to NAD83 and NAVD 1988 Datum. Zvicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plat. WIAI1 adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. FIAII parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plat drawing. County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. Road names and Right-of-Way width for all Roads. (Existing and proposed) aAll existing and proposed plat boundary lines, phase/section lines, and Lot lines with bearings and dimensions. Utility Services. (Water, wastewater, electr(cal,-natural gas, cable, phone, etc.) Pipelines: label company with volume and page. All certification language as found in Appendix C. Easements and rights-of-way shall be dedicated to the public. The dedication 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 manner required for acknowledgement of deeds, shall also be provided. FIAII 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 responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the 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 included as a plat note. Metes and bounds description of the property to be subdivided shall be certified 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 voi. 333 pg. to the best available data. (Shown on drawing; not separate description) All Subdivision external corners, angle points, points of curvature and points of tangency shall be set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded and shall be a TxDOT "Light Duty Setting" monument with an aluminum or bronze disk as specified in Appendix C of the TxDOT Survey Manual of April 2011. Alternately, Bernsten® Standard Aluminum Base monument (or equivalent as approved by the County Engineer) embedded and backfilled with compacted sand may be used. All Daughter Lots, Blocks and rights-of-way within the Subdivision shall be fully monumented in compliance with the Texas Board of Professional Land Surveying Act and the Board Rules set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded. 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 survey of which it is a part. All boundaries shall be tied to a County control monument. 7 The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. FlThe 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 Floodplain 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 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 Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for ail points within the plat. ElBFE's shall be shown for all points within the plat, as determined by the results 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 may be substituted for the engineering study. FA minimum lowest finished floor elevation (FFE) for Buildings shall be established 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. 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 established by the Owner within or immediately adjacent to the boundary of the plat. The location,'description and elevation of the benchmark are required to be Identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FFE. A separate drawing containing both existing and proposed topographic information at 2-FT contour intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). 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 Facility (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 (OSSF) Regulations, Construction Standards for On-site Sewage Facility (OSSF) Regulations as published by the Texas Commission on Environmental Quality (TCEQ). This letter must be signed by a representative of the District prior to Final Plat approval. If the plat contains a water well site, there shall be a depiction of the TCEQ separation v®o. 353 Pg. "1 requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. If rural route mailboxes are proposed, the plat note as found in Appendix G.2 for placement of such mailboxes shall be shown on the face of the plat. 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. It is the responsibility of the Owner to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. Driveway culverts for all Lots shall be designed by a Licensed Professional Engineer. 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 general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is required prior to approval of Final Plat. The diameter and length for each driveway culvert shall be shown on a table an the plat. This information shall also be placed in the deed restrictions for the Lots in the Subdivision. 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. Any Improvements proposed within the Right-of-Way including, but not limited to, irrigation, landscaping, sidewalks, Subdivision identification signs, etc. shall be maintained 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 the County Engineer for approval. Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. vol. 3 rg. FINAL PLAT APPLICATION Every Final Plat must include all of the items provided on the Simplified Plat checklist as well as the following: For Road widening and drainage purposes the Owner shall dedicate the Right-of- Way. In the case of drainage that is provided for the Lots, it shall be located outside of the Right-of-Way in a private drainage Easement. In the case of drainage 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. ElThe plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. 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 Regulations. F71Locations of existing and proposed private alleys. Locations of existing and proposed public areas. Locations of other Public Improvements, including but not limited to parks, schools and other public facilities. All Off-site Easements for infrastructure construction must be shown on the Final Plat with a volume and page listed to indicate where the separate instrument Easements were filed. Separate instrument Easements must be filed prior or concurrently with Final Plat. Proposed phasing. All phasing shall be in accordance with the approved Master Plan and/or Preliminary Plan and each phase must be able to stand alone to meet requirements of these Regulations. Infrastructure costs should be separate for each phase of the Subdivision. F] Location and size of all existing and proposed subsurface_and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property. If the proposed Final Plat Is to be a Private Subdivision (containing privately maintained Roads), the title of the plat shall contain the phrase, "A Private Subdivision". Refer to Article 8 for additional requirements. In the case of an On-site Sewage Facility (OSSF), the Developer shall be responsible for providing a Development Plan, as performed by a Professional Sanitarian, a Licensed Professional Engineer,. or person certified as required by TCEQ Title 30 TAC Chapter 285. The sewage disposal plan shall be.performed according rules and regulations established by the Brazos County On-site Sewage Facility (OSSF) Order and TCEQ Title 30 TAC Chapter 285. V®I. 333 Pg. �7•��I JI r r r r r riJ i ' r, tJ ! o g � l r 1r p 1 �7 dllg �� N W 9c a W m X 1� Jji 'lrlj i Jr Jil,: rI� O y o JL esu lr r.1;1 4�g*� 1 7§�g $�§Ilt ►+ G1 Q ;SIiI i f l+ '�i r ii iJ r iJ i i it r i;i, r iii iit�• . Q r� ei ill P g w c � i9 irte ,,, ,•,., , i ,. , ,1 � o. wrniooE � w-- 5 J Sit, ! 'JaJ Ja Ji J�i '�'i ' '�S 1, c w o E 008 'o a ' 'gai: J ;'� , 1�I JJ �� ,g 3 1 d o m W i alar;,' 'ii, dJ dJ i fig,ig dga�, t 1 'iJ�l ; In c a co It It I It i a d 101,ip ip s 1a I&'rr s> o n W is iaJ I,� 6f i,a 'v�� a: i � w I m U E 7 Elby�J JJili°J I IJil it I„ n i e j�l Q�ii 9 Jill I I � i' 9 til �a8 n'I i j ji di fJ w Wall � 1 r�fE fl ?uil IIU �1111 i ��� Qin I APPLICATION FOR i'AX REFUND - Collecting Office Name Collecting Tax for:(taxing entities) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISD,F1,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS BELL WILLIAM S 13519 INDIAN CREEK RD HOUSTON TX 77079-7152 PROPERTY DESCRIPTION Legal: ABSHIRE-SELECTED LANDS UNIT 31228971-000 MAGNOLIA OIL&/NAVASOTA RIVER(CRETAC AB 160/T H MAYS SUR.0123340000 R Address: Account# 333935 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested ZREFUND 2019 08/31/20 $152.72 $104.68 Taxpayer's reason for refund: OP-Overpayment REFUND TO: BELL WILLIAM S 13519 INDIAN CREEK RD HOUSTON TX 77079-7152 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above-described taxes and certify that the information on this form is true and correct." 5ignafu�v v t Phone Number Email Ad ss If you mace a false statement on this application,you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERM TION tax refu is [ A roved [ Dlpproved Authorized Officer Signature Dat Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date Vol. APPLICATION FOR TAX REFUND Collecting Office Name Collecting Tax for:(taxing entities) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISD,F1,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS NAGALLA RAMA 411 WILLIAMS WAY CEDAR PARK TX 78613-4868 PROPERTY DESCRIPTION Legal: UNIVERSITY PARK PH 2, BLOCK X, LOT 2 Address: 402 SUMMER CT B (A-, Account# 97556 TAX PAYMENT INFORMATION Name of Taxing Unit - Tax Year of liefund Payment Date Amount Paid Refund Amount Requested ZREFUND 2020 01/31/2021 $6618.55 $432.99 Taxpayer's reason for refund: OP-Overpayment REFUND TO: STEWART TITLE COMPANY 8739 BANDERA RD STE 104 SAN ANTONIO TX 78250 Sign below and return form to the Brazos County x Office. "I hereby apply for the refund of the abov abed taxes and certify that the information on this form is true and correct." LA S gnature p t if you make a false statement on this application,you could be found guilty of a Class A misdemeanor or a state Jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION The tax refund is PfoAopprovecl [ ]Disapproved A d Officer Siature Dat thorized Offic of taxing nit for refun cations over amount required under Section 31.11 Tax Code Authorized Officer Signature Date VOL Pg. 19, APPLICATION FOR TAX RF�DUN = Collecting Office Name Collecting Tax for:(taxing entities) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISD,F1,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS WRIGHT JAMES TERRELL 12310 CAROLA FOREST DR HOUSTON TX 77044-5032 PROPERTY DESCRIPTION Legal: STONE HAVEN COMMUNITY,SPACE 2022 STONE MEADOW CIR,MH SERIAL#CRH1TX10222, LABEL#PFS0623211 ----- – --Address: 2022 STONE MEADOW(PVT)-CIR , Account# 115478 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested ZREFUND 2020 10/12/2020 $302.09 $45.73 Taxpayer's reason for refund: OP-Overpayment REFUND TO: WRIGHT JAMES TERRELL 12310 CAROLA FOREST DR HOUSTON,TX 77044 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above-described taxes and certify that the information on this form is true and correct." 4221 QL PS aat'tura ate J If you make a false statement on this application,you could be found guilty of a Class'A misdemeanor or a state jail felony _—_under Texas_Pepal Code Section 37.10. TAX REFUND DETERMINATION The tax refund is [raved [ ]Disapproved 6. uthorized Officer Si ature Date A horized Officer taxi unit for refund appli o over amount required under Section 31.11 Tax Code Authorized Officer Signature Date Voi. 3-33 pg.-13- APPLICATION FOR TAX(REFU D l Collecting Office Name Collecting Tax for:(taxing entities) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISD,F3,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS PENA MARIE&PETE PENA ESTATE 113 LYNN DR TRLR 31 BRYAN TX 77801-3383 PROPERTY DESCRIPTION Legal: LYNN ACRES,SPACE 31,SER#CBH003789TX, HUD#HWCO243818 Address: 113 LYNN DR 31, -` Account# 100590 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested ZREFUND 2020 10/12/2020 $113.65 1�2 Taxpayer's reason for refund: OP-Overpayment REFUND T0: PENA MARIE&PETE PENA ESTATE 113 LYNN DR TRLR 31 BRYAN TX 77801-3383 Sign below and return form to the Brazos County Tax Office. "1 hereby apply for th r fund of the above-described taxes and certify that the Information on this form Is true and correct." ti Z//S-/47V SIS at''�"`ygg_- — --•' p-�---__ If you make a false-statement on this application,you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. 01, TAX REFUND DETERMINATION The tax refund is Approved [ ]Disapproved s � Authorized Officer ' nature Date uthorized 0 r of taxin nit for refund a li ti over amount required under Section 31.11 Tax Code Authorized Officer Signature Date r Vol. 333 Pg. APPLICATION FOR TA REF_U.MD--� Collecting Office Name - Collecting Tax for:(taxing entities) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISD,F1,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS HEAD JIMMY D&HEATHER R 128 RIDGEWOOD COLLEGE STATION TX 77845-9637 PROPERTY DESCRIPTION Legal: ROLLING RIDGE,SPACE 128RW,SER#CW2008354TXA,HUD#HWC0320247 —" — Address: 128 RIDGEWOOD-(PVT) - Account# 406932 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested ZREFUND 2020 10/12/2020 $937.30 $20.81 Taxpayer's reason for refund: OP-Overpayment REFUND TO: HEAD HEATHER R 261 HUNTER CT ARGYLE TX 76226-8288 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above-described taxes and certify that the information on this form Is true and correct." kid-AUZJ,- 3 Sfga_ _`� -,ate-- I 4te- If you make a false stat en on this application,you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. -- TAX REFUND DETERMINATION The tax refund is [' Approved [ j Disapproved uthor zed Officer gnature Date thorized Office of taxing it for refund ap 1' Ions over amount required under Section 31.11 Tax Code Authorized Officer Signature Date vol. 33'j pg. 1 BRAZOS COUNTY,TEXAS BUDGET AMENDMENT(S)FOR THE 2020-2021 BUDGET YEAR NO.20/21 30.1-30.6 On this the 4th day of May 2021 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.Russ Ford, 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 4th day of May 2021 the Court heard and approved a budget amendment(s) for the 2020-2021 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 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 4th day of May 2021. THE COMMSSIONERS COURT OF BRAZOS COUNTY,TEXAS. '�:)By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. 333 Pg. BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20/21-30.1 614/2021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Emergency Management Departmental Surt 1,149.96 General Fund EmeMency Management Contractual Services 1.149.96 Emergency Management Reallocation of fiords to the appropriate de artmenfs account to cover the CEOC Rent for the remainder of FY 21. Date.3t� 4/28/202'1 Co ty detAoProval .vrxi ��e1. .''i .,a a ':e.,x.."k, rw�..•�>.. .�a'.ea a �. _a. T ,.�...�.kx. --$ �a..`��i a, sK`: '�d.m��i !<•3`a;e .fin ?.b�.ss� �, �` ;a, FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 35500100 61740000 CR Telephone 1.149.96 01000 35500100 71506000 DR Rent 1,149.99 Pg. irl BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121-30.2 51412021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Commissioners' Court Non- Commissioners'Ceutt-Non Capital Fund Capital Departmental Support 5,269.02 Commissioners' Court Non- SheriffAdministration:Jail- Capital Fund Non Capital Departmental Support 5269.02 Commissioners'Court and Sheriff's Office:Jail Reallocation of funds to the appropriate de artmenfs account to purchase a Remote Activated Custody Control Vest CIP#21-562 and replacement Riot Control Gear and Helmets CIP 421-556). —--. - V 01 m2nt:Ap val Countjr''J�udseAapFovalDate Fo"r:r,•.Sceo FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 06000 11000006 60080000 CR Uniforms 3,669.02 06000 11000006 60500000 CR Equipment&IT Enhancements 1,60D.00 06000 28002006 60080000 DR Uniforms 3,669.02 06000 28002006 60500000 DR E ui meat&IT Enhancements 1,600.00 EV v3 Pg° J BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121-30.3 51412021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners'Court Contingency Departmental Support 166 985.00 General Fund Infornattion Technology Administration Repair&Maintenance 53.485.00 Health Department-County General Fund Support Repair&Maintenance 83 010.00 General Fund County Judge Repair&Maintenance 1 015.33 General Fund Commissioners'Court Administration Repair&Maintenance 7,113.32 General Fund Budget Office Repair&Maintenance 509.18 General Fund County Treasurer Repair&Maintenance 3,558.18 General Fund Human Resource Re air&Maintenance 2,539.82 General Fund County Auditor Re air&Maintenance 5,082.68 General Fund Facilities Services Re air&Maintenance 124.50 General Fund Risk Management Repair&Maintenance 1015.32 General Fund Purchasing Repair&Maintenance 2,033.68 General Fund Justice of the Peace,Pct#2 Re air&Maintenance 2,033.68 General Fund Constable Pct.#2 Repair&Maintenance 3,555.13 General Fund Other Financing Sources 509.18 County Records Management Other Financing Sources 509.18 County Records Management Records Management Revair&Maintenance 509.18 Commissioners'Court and Various Departments Reallocation of funds to the appropriate department's account to cover rental cost of the fork lift and dumpsters that were needed for the roof repair that was caused by hail April 8,2021.The buildings effected by this storms were the Brazos County Administration Building,Information Technology Building and the Health Department Building. riri rtmeitEAp rova fj,z :Date a.,rs^;.I Datex _� .h.4/28!2021 C Juo'rova FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 01000 11001500 61130000 CR Contingency 166 985.00 01000 14000100 65010000 DR Accidents&Claims 53 485.00 01000 26002000 65010000 DR Accidents&Claims 83,010.00 01000 10000100 65010000 DR Accidents&Claims 101533 01000 11000100 65010000 DR Accidents&Claims 7,113.32 01000 10500000 65010000 DR Accidents&Claims 509.18 01000 12000100 65010000 DR Accidents&Claims 3,558.18 01000 15000100 65010000 DR Accidents&Claims 2,539.82 01000 16000100 65010000 DR Accidents&Claims 5,082.68 01000 17000100 65010000 DR Accidents&Claim 1,524.50 01000 12500100 65010000 DR Accidents&Claims 1,015.32 01000 16500100 65010000 DR Accidents&Claims 2,033.68 01000 24201100 65010000 DR Accidents&Claims 2,033.68 01000 30201100 65010000 DR Accidents&Claims 3,555.13 01000 00000000 91630000 DR Transfer to County Records Management 509.18 19000 00000000 49028000 CR Transfer from General Fund 509.18 19000 50000100 65010000 DR Accidents&Claims 509.18 V®i. 333 Pg. 19 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121-30A 5/412021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners'Court Contingency Departmental Support 11,453.00 General Fund Justice of the Peace.Pct#3 Repair and Maintenance 8,361.00 General Fund Constable Pct#3 Repair and Maintenance 3,092.00 Commissioners'Court Jutice of the Peace Pet#3 and Constable PCt#3 Reallocation of funds to the appropriate department's account for water mitigation and building repairs regarding the Constable and Justice of the Peace Pct#3 Building,due to the Winter Weather Storm during the week ofFebruary 14,202 1.Due to the freezing weather,pipes broke and flooded areas in the buildings. 'p•G is.x"t a'i `''�`"-�'� .. 'x s"',ky�'t*` r+t fz Jk­ ny 1P WParfinenf/lpproval '>tg ':Date r 7Fi t..xk P Cou ,....pproval FUND DIV ACCT QR/CR ACCOUNT NAME Increase Decrease 01000 11001500 61130000 CR Continpency 11,453.00 01000 24301100 65010000 DR Accidents&Claims 9,361.00 01000 30301100 65010000 DR Accidents&Claims 3,092.00 Vol. pg. a0 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121-30.5 51412021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Road and Bride Administration Repair and Maintenance 1,960.00 General Fund Road and Bride Environmental Protection Department Su ort 1,960.00 Road and Bride 1 Reallocation of funds to the appropriate de artmenfs account to cover utilities for the remainder of FY 21. SY E s .`s tea, arfim" -roPDatepprova FOfd' dcoun mifi P e5':tyn .�i- ., ,..'.;lka1':�54��.+'��:r1,:"��'"�E�«et .�si;.�„L'si:.°�. }�`Gyi. f,�*�!;'� �.fr.;>�v�+.ger.,.;.t3t;'rz'.'�'4#eS'CtcB i.,.:., •�Stsx�r.�i wq=�?i 1':Y.anS`a�'fit: Sss�?vi 1� FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 56001000 65050000 CR Buildina Maintenance 1960.00 01000 56005000 61880000 DR Utilities 1960.00 v®a. 33 pg. 1) l BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121-30.6 6/412021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease GenemlFund Commissioners'Court Contingenry Departmental Surt 100000.00 General Fund Risk Management Repair and Maintenance 100,000.00 Commissions'Court and Risk Management Reallocation of funds to the appropriate departments account to cover insurance deductibles on damaged County vehicles due to the hail storm on April 8 2021. r�c4p, '^,'.'.,ft `s nrfr� s s k� x Forrele"U n:.lP 5�9>''nl R:�'Tf`"�,�;"s.. .� r. ;t``Via,w?v.s �:�•''i�+.�r '''t T ��,- �r�?, s��a,_s .c �m�'a •.�. �. 1s-.f .�.+.[w ,,tea.'- �`1�' ..€n +" u:4a'°e 7b+�:e r,-: FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 110015006 61130000 CR Contingency 100 000.00 01000 12500100 65010000 DR Accidents&Claims 100 000.00 Vol. 333 Pg• �� PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 05-04-2021 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 D.C. Jury Services Elliot, Kelcie Change of Status Juvenile Detention Barnes, Trenise Change of Status Approved in Commissioners' Court: 05-042021 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 333 Pg._ �_� 1 Personnel Change of Status (Apr 29,2021) Commissioners'Court Date: 05-042021 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Employment "` .'•' Department Name.. • ` '• Employee Name District Attorney-Administration Allen,Kelly Separations 4. Department Name:;:. Einpioyee Name:'?,%. :.: Health&Wellness Clinic Miller,Diana Approved in Commissioners'Court:05-04-2021 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 353 pg. �`-� • Brazos County Office of the SheriffCOPY 1700 West State Highway 21 Bryan,TX 77803 ` (979)361-4900 Christopher C. Kirk Case Number Sheriff "Unauthorized Release oflnformation Prohibited" S0190013526 �; ars " `"6 • Date of Report: 11/05/2019 Type of Call: Disturbance Location of Incident: 3232 BRIARCREST DR, Bryan Incident Occurred Between: 11/05/201916:44:27 to 11/05/201919:00:00 How Reported: DISPATCHED TO CALL Offenses: 01 01 p INCIDENT ONLY 99999 INCIDENT ONLY 0TH .CASE _SU MMIT R.. = :_ ,VlCtllil'15 _BOtI - :�o''CaF. - � - - -' -- Evidence wilting 20 Cameta Y4eo Collected : photos Taken Domestic Violence Gang_Rotated date Crime = Prosetipte? 1ladeo AV I.O , No Yes Yes NO NO No No No .01 019 INCIDENT ONLY 99999 INCIDENT ONLY OTH r` '96;06, .YES A_teii ted)`== YES t_ocatioi�Type of Offense 'r -.. 11 GOVERNMENT/PUBLIC BUILDING 'i {#foriderSspeced ofJsg_ Not Applicable -- .- - '44s.Motivatiodt lh e 88 NONE (NO BIAS) .Relatet3 Case-Nu "berss OFFICERS INVOLVED Reporting Rueda, Daniel 12249 'OFFICER NARRATIVE Vol. 333 pg. S 1 Brazos County Office of the Sheriff ER i 1700 West State Highway 21 Bryan,TX 77803 * - * (979)361-4900 Christopher C. Kirk Case Number Sheriff "Unauthorized Release of Information Prohibited" S0190013526 4L Initial Officer's Report Deputy: On November 5th 2019, deputies were dispatched to the Brazos Center for a report of a male subject later identified as candidate for B an Mayor Patrick Giammalva W/M, DOB:—assaulted a female subject, Susan Geller W/F, DOB: On this day; elections were being held at the center.The CAD notes also indicated that Mr. Giammalva was impeding access to the polls. The report was made by Mrs.Trudy Hancock who is the elections coordinator and was also on her way to the center to look into this matter. CID Deputy Jesse Ostiguin arrived on scene and spoke with Mrs. Geller who reported she was here this morning when Mr. Giammalva approached her. Mrs. Geller Was near her car at the time and he came.out into the parking lot. She said he wanted her to vote for him. At some point during contact with Mr. Giammalva grabbed Mr. Geller by the arm hard and firefighter nearby come over to help he.: Mrs. Geller left and retumed later this evening and saw that Mr. Giammalva was still at the center,which was when she contacted Mrs. Hancock. Mrs. Geller declined to file charges,even after being asked numerous times by Lt. Pollock. One of her last comments was she did not feel the incident was considered assault. Mrs. Hancock wanted to issue a criminal trespass warning for the center, so Lt. Pollock contacted County Attorney Brenda Bailey and explained the incident to her. Since there was an election taking place and with Mr. Giammalva was a candidate he could not be removed from the center. va Pg. 2 ����. ��t�}'.(•. J �v..r .fir..✓;-- ,: •• .. .. � ..�. - ��� y Cff/ G F UZ `iii� ;L - 971- TeRas Secretary.of State P.O.Box=60 . "Austin, Texas 767i1.206Q 1.800-252-VOTE mm . www.sos.state.tx.US ELECTION.�t�NIPLAII+!`i'TQ`'1"1.1-S TEXAS SEORETARY QF STATE Docket Number Date Hand-delivered or Date Postmarked ONLY . Please read'the tlftportnr.'►t lrifarmatlon at the end of this -Sectetary df.State has no authority to order a new eleatlon;change an electicn:result;or don fluct a.'criminal Investigation.A complaint filed with this form wornot•aiter'the rssul#A.4an election. :.`. This =111no k SiGNl b befornitIssubmitted:tothe Secretaryof State;.therefoN,you must print it out and sigh.it 6r faxing a:iwpy-ar;erna�ltng a'scanned,•srgned.6P,:.. = :.i. 1DEQ1'i'ITY'.oFIIi1P1;,1�.11a1�4NT': 1" COMPLAINANT.' MliditJMR" : Fu�sT •' MI" NAME MR PATRICK. • : . l9Ci0ddMH LAST : SUFFIX GWAMMALVA 2 COMPLAINANT. ol�cluoEnur►surrEuiFnc ICAE Ey •:. .. : cm' : .• :. sgaE zIaconE PHYSICAL :.:. ADDRESS ;X13 FAIRWAY BRYAN... TX 77801 . -•upheHuorhlatais¢sdd'• IndOdtrtpatrmdretgr..abttcehdsiGwdel• . 3 COMPLAINANT, By= ZPXO MAILING ' ADDRESS ✓�newt it was.a ebm, . (FUU{amoorbuclneaaaldieei,eE�dudltNfafroet,�SSwm;andtlp'etide)'.',.�: . d COMPLAINANT ARr-A;poE PHONE ijumseR °EXT •6 COMPLAINANT (31AMMA1.VA64@GMAIL.COM TELEPHONE •E-MAIL. NUMBER 97941202-61 ADDRESS . IDENYI"[°Y OF:R3:SP.ONDENT. , " • ' :..: •".', i+f�soRoxexmir'canitmniq�iiec�vlo►aric�a�. ` MSltbR5lFfR•' FIRST c MI 6 RESPONDENT. , NAME . M$ TRULY NICI(NAME rAST SUFFIX ...HANCOCK' , T RESPONDENT POSITION ORELECTIONS COORDiNAtoR TITLE 8 RESPONDENT ane'Resecr6wxuol:0iAurrsW'i0 Wmicnatef. _ "car 6Txre . ZIPCODE A oo ss 302.E 24TH-ST ERYAN TX 77803 ' •(Fullhomrorbuaiawwaldroo4lndu:IIngeVect,e9tY�aaee.a�dalAcude)" . 9 RESPONDENT �RE�smoXNXLUMAPrISUlrssFFaaPucaele). cm •' srasE ziPcoOe MAILINO ADDRESS • (FuHfwma'WtWai�alddn»a�'Indudln®oboal.dlYietaW,endsiP�Odde) 1d RESPONDENT;- ':ARFACODE: 'FHONENUMBER to . 11-RESPONDENT" TELEPHONE E-rMAI - NUMseR" ouREss 9793615770 .4O TO .PACE:2 NOTICE:THIS COIMPLONT 18 PUSUO RECORO.ONCEREVIEw IR OQfA!"LMD l Y TfiE SECRETARY OF•STATE•AffOJOR'ATTORNEY a@NERAL. Revised 2(2812014 ifoL 3 _' Pa: - - Texas Secretary of State P.dBox12060' •Austin,-Texas•787i1-2060. : . 1-80042-VOii(8683) ' ' www.sos.state.tx.us ' HL'NATURE QF ALLEGED VIOLATION...; Paget K you bill eve'.that•a criminal violation ot:thO Code has occurred,please stilts thtl acts committed by the person or entity:named in ihis'coin'p1Whi;:along With iveference to-thspedfio il sectfoit•:oftlte Code alleged•to ha4e:beeri vlolated, If known. if you need morrE.'space*"please:attach a separate sheei • _ , • My name Is Patrick Glammalva and 1 was candkiato fdr mdVgr of Bryan in th9 November 6,2019 election for Mayor of Bryan, Texas. _ : . 1 was campaigning in front gf• ttie*•Brazos Clfnt+ar.eritranc;e*m*aiks beporid the 100•it iimit•aloitgwAh other candidate(Mayor Andrew Nelson),:erid•more or less'Ne f+riamen;The respandent-Trudy Handcock had U-Pollock to cats Brenda Bailey.after charges wane dropped to reported that Patrick Glammelva vias crimirielly treaepassing at tiie center.Bailoy explained since there was a-election,taking place and•withWth'Mr.'O1arhmaiva was a'canadate he cquid'not bp-remov'ed frcm.the center,this request was resultof-false cha'rgs'made by:5usan;Gelled�. .•. See Attached Pram' s Ccunty'$hGrrif.imm-Repbrl The fact-of the'matter is that I was soliciting votas when Me.Susait'Getler'appmghed me i if t plus-on minus ten feet and yelled do not talk to me.I assume she she was talking to.all thetulias presen&:then she watlteii W the Brazos Center,later in the . afternoon around four o'clock Ms'$usan.t3eller was epproch(ng,fromthe diriactlon rfthe parking lot yelled at us again"bo Not Talk to me again t assumee8 she was talking to tis: A feud minutes.Imer we;gbserved Ms:Oelisrtalkhtg tp Mayor 14ttdreW iVelson amcKig the'group of people•thetas,(including trie and . the fireman.Shortly afterwards wa'observerTNs..Geller arid'Andrsw Nelson In th&parkfig kdtalkirig.'V thin the hallf hour deputy.'. Jesse Osfl uln g approched me fram•tha lea f and told'me•that ha needed,to talk to rile In the partclrig lots I-esk why v+e cautd net talk We and tliat:l was•champaighing;ties il3 iat•l was:hardsfig vb6era'•and'we:nWft.d,to talkin the parking:tot putting•hii arm . arotmd me pushing me toward the'parking:lot,and Then he ask Who t was and®sli for my drivers ifcens®:1 advlsed.hlm that my drivers licensewas in mtrtruc�altos ihe'parking;IgL:On•the way there-.I.t_P.piloc1(,860psd us arid•advisad tis that he*was: lnvesfgating the essult.charge;i countered that he should;talk to ttie:witrles§,to cortfirrn'that 1 did•clot touch Ms.Geller.The Lt.told me to go gat rtiy drivers license,l cord0lid.and he iold'rriiI6 ga stand bj ttie truck. i was being detained:, Atter an hour or so of bzing d®telned.0lsgrr�ced;gisrespetrfed,degraded,'treated(ike acriminal when 1 was the.9160m of a wise accusa8on.: The U. Pofladc said tttat.t vvs$flea to go that Alis.Gaiter was net oing.to puss charges:So I ask.if 1 poufd press:rfiargea agalilst hot fvr falsely accusing me.The Lt.said no they did ri6t have.We., At thi®point t waa disturbed tiuritiliated•as the TV reporter was fiitnirig'Inciderttvrhile,16?bv,6ucily Jost votes as a resufts of all the r�gative exposure during In prime voting,dme'4pni to 7 pm. ATi'ACHADDITIONAi.PAGESAS NEEDED NOTIGM TNIB COIWPLAINT I6 PUBLIC rZF1CORq•gN08 RHV161N IB OOQ4PL9THD.6Y.TRH B6GRBTARY q@ BTOMMDIOR ATTORNEY GENERAL. Revised 2/2812014 Vol..= �� Pg. 8 Texas Secretary of State, P.6.BOX-12060.'. Austh.To* 78711-2Q60 - .. 1.800.262-VOTE(8683) WWwsOS,State,tx,US I re S'P�►'1'E6�f o1'�'bF.-FACTS Stats the fodts'con"totingitis sUeged violattori(sj;including We dais on which orom pe-riod•of time in which the alleged violadon(s)occurred: identify allegatloris3 of iaat not'pft onally known to the complainant,put alleged gh information and bellef.. Plan"use simple;"concise;and dir®ct iti1ameitits. ELSCTIdN'IN WdilCH1•ViOLATION(S) OCCURRED: `-.• .• BRYAN'AIIAYQR OAT OF 61-60n04. 1.1 PO 5 1 2 n NAME oF,el.scTXON mm1barfVvir CouNTir aR PouslcA selponnato�l.SFtAO PRECINCT PATRICK GIAMMALVA WAS GREETING VOTER COMMIN©INT.`1'HE BRAZOS C,'N .ER TO VOTE OUTSIDE OF:100 FT LEGAL LIMIT:•PATR10K•WAS AMNDING.TO HIS.OWN SUS1NESS�CAhAPgIN©ING FOR,THE MAYORS ELECTiQIV 1NHEN A FEMALE CAME WITHIN TEId FEET OF•PAjRICKAND..I HE FiRE:MEN ANDYEELLED'lDON'TTALK TO:MEc'.PATRICK LATER LEARNED THAT THE FEMALE'S NAME WAS-SUSAN GEELL•ER,AND1140 SHE ALED A ddMPLAWT•ALLEDOING PATRICK GRABBED HER ARNP AN6 A FIREEFb4TER CAME.TO.HER'REdSQUE:,MS GILLER'CONTACTED TRUDY HANCOCK AN ELECTION ' COORD)KATOR ANCi7R EQUESTED THAT PATRICK BE REMOVEi)BECAUSE lit=WAS iMPid NG ACCESS,TO'THEE POLL$. AAS.HANCOCK WANTED 1'O ISSUE'A CRIMINAL TRESPASS WARNING.LT POLt:OCK CONTACTEED THE COUNTY ATTORNf= BRENDA`BALLEY AND EXPLAINED THE INCIDENT TO HER:M5.SALWY AFARMEA THAT AN ELECTION WAS TAKING- PLACE AND THAT PATRICK•GIAMMAWA WAS.A CAtjADATE HE COULD NOT.BE REMOVED. SOMETIMELATTER MS.'GE1LER CAME'BACK FROM.THE PARKING LOT AND AGA1N.YF.LLED°DONTTALK fo'ME":AFTER SOMETIME HAD'PASSED Mk:GtA9mALVA-AND TFiE FIRI:Ii 9N OEISERVED MS,;GELLER AND.MAYOR CANADATE AMDRE6 WEL60N TAbQNO tN THE PARIONQ'LAT..A'SHORT TIME LATER DEPUTY OS11GUIN;SAID HE NEEEDEO TO TALK TO M'FL GIAMM4.VA UtHERED M.R,.GIAMMALVA TO THEPAA>iKING LOF';Mti.GIAMMALVA'CtSMPLAtNED THAT HE WAS CAMPA1NOIN6ANt)NEED'E&TO,BE ABLE-To RETURN`T THE EiFb4zOS CENTER.OEPUTY OSTIGIJIN INFORMED MR. GIAMMALVA:THAT HE WAS HARRISING VOTERS AND THEY.NEEDSD TO TALk*:THE PARKING I^OT,-AND REQUESTED MR.GRAMMA VANED TO.GIVEHIM•HIS DRIVERSLICENSE MR:-GIAMMAI:VA.ADVI.SED.-Vd:DEt?UTY•TtiAT'HIS:DRIVER: LICENSEE WAS IN WIS TRUCK;.4N tHE.11WAY:THERE.LT,Poi;L0oK'APPROCHEA AND ADVl3&MR.GIAMMALVA AND TF1E DEPUTY THAT HE WAS i*—,vFSTAGATIN.0-AN ASSULT CHARGE.*MR.GIAMMALVA ASK THAT,LT.POL'LOCK TO TALK TO THE W TEENEES TO CONFIRM TI IAT MR;.GIAMMALVA-130 dOT TOUCH MS.GELLER,..DEMMAIUDED THAT,MR..GIAMAAALVA GE HIS DR151ERS'UCEENSE; gFTER EIE!(�0'DETi41NED:FOtZ sSVE R AN'HOUR LTy,POLLOCKADAASED::Mik-01AMMALVA THAT HE. WAS FREE T0,,.4o Tf1AT MS:.GE�I,I' ' fiAO.D96PA TAT CHARGE.•MR.01ANIMALI%A RFE QUESTED THAT HE FILE A 'COMPUANT:AGANIST_ ioS.G&LEFi FOR I±ALSEE•Cl%RQES,•-T.'-POLLOCK INFORMED-MO.01AMMALVA THAT HE DID,NOT' HAVE TIME, BY THIS.TIME'THE LOCAL TV.STATIOM NEWS-CREW WAS ViDEOING THE 1NGEDEENT AND THE:VOTERS WITENESSED THE INCIDENT:WiICH WAS VERY DISTRUCTIVk,TO MR.fliAMMALVA CAMPAIGW. AT'TACHADDITIONAL PAGE.$A$NFEED WO nCH:THIS°,COMPLAOYT Is PUBLIC RECORD ONCB'REVINW 1t)COM0LGTED•HY THj139CRETARY OF BTATIE AND/OR ATTORNEY GENERAL. Revised 2/20/2014 ,/®I_ .) Y) Appointments May 3 2021 Wayne Dickey 2:30 PM May 5, 2021 Fire Chief Richard Giusti (Matt Dunn FBI) 769-261-9200 Earl Gray 361-4300 QUESTIONS..to be answered 1. Who is Susan Geller 2. What is the connection between Trudy Hancock and Susan Geller 3. What did Susan Geller discuss with Deputy Jesse Ostiguin about the assault alleging Patrick Giammalva made on her. 4. Who was the Firefighter, (No Name)that helped Susan Geller? S. Why was Susan Geller at the Brazos Center? 6. Was she a registered voter for the city of Bryan? 7. Why did Susan Geller return to the Brazos Center later in the evening? 8. Why did she contact Trudy Hancock the second time? (Question 2)what is their relationship? 9. Why did Susan Geller decline to file charges?Was it because she falsely accused Patrick Giammalva candidate for Mayor? 10. Why did Lt. Pollock ask Susan Geller numerous times to file charges against Patrick Giammalva?After she said that the incident was not considered assault? 11.Why did Trudy Hancock want to file criminal trespass warning against Patrick Giammalva candidate for Mayor even after Susan Geller declined to file charges. 12.Why did Lt. Pollock contact county attorney Brenda Bailey explain the "INCIDENT" (What incident)? 13.Why did County Attorney Brenda Bailey affirm that Patrick Giammalva Candidate for Mayor could not be removed? 14.Was this a clear case of a false police report filed against Patrick Giammalva candidate for Mayor of Bryan? 15.Was this clear case of defaming Patrick Giammalva candidate for Mayor of Bryan to damage his good reputation? 16. Was this a clear case of interfering with the election for Patrick Giammalva candidate for Mayor of Bryan? Vol. 333 Pg. 30 17.Was this a clear case of damaging the integrity of the election by the election administer,Trudy Hancock? 18.Why did all this take place without anyone contacting Patrick Giammalva candidate for Mayor of Bryan of what he was falsely accused? 19. Patrick Giammalva candidate for Mayor of Bryan was not interviewed by any of the public officials Trudy Hancock, Deputy Ostiguin, Lt. Pollock, Firefighter,Susan Geller, Brenda Bailey or KBTX-TV while he was being detained by constable Donald Lampo. While Patrick Giammalva candidate for Mayor of Bryan was being detained for over an hour in the parking lot while being video tapped during prime time of the election? (time+-Spm) 20.This was a clear case of interfering with the election Patrick Giammalva candidate for Mayor of Bryan spent thousand of hours campaigning along with thousands of dollars. Summary Comment: money.. no way I could have won the election for mayor of Bryan because of all the contracts already awarded for the destruction of the Travis B Bryan municipal golf course.Along with the hundreds of millions of dollars to commercialize OUR Citizens of Bryan parkland Vol. Pg