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2021-08-17 10:00AM REGULAR MEETING
r TE OT A yV *'y17 �I n rr1 `'o Ty=�F gtL MINUTES AUGUST 17, 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,August 17, 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, Karen McQueen, County Clerk;Absent. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance -U.S. and Texas Flag—Commissioner Aid rich 2. Call for Citizen input and/or concerns Aggieland Humane Society Executive Director, Kathy Bice introduced her successor Jennifer Young. Ms. Young previously worked with Twin City Missions and says she's excited for her new position and looks forward to carrying on Ms. Bice's legacy. Consider and take action on agenda items: 3-13 3. Request for Payment Authorization to Matrix Technologies in the amount of$134.50 for replacement of a security system motion detector. Purchase Order was not obtained in Vol. Pgn � advance. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 4. Request from Human Resources for a Payment Authorization in the amount of$528.87 for transfer of a printer which was originally received as a duplicate by the IT Department. Motion:Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 5. Request from Information Technology to Approve the Standard Pole Attachment and Wireless Installation License Agreement with Bryan Texas Utilities. A copy of the License Agreement is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 6. Approval of contract renewal with Jasper County for Juvenile Pre-Adjudication Detention Services. A copy of the renewal of contract is attached. Motion:Approve, Moved by Commissioner Irma Cawley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 7. Approval of FY 2022 Title IV-E Child Welfare Service Foster Care Contract. Commissioner Cauley stated that the Child Welfare Service does a wonderful job in our community and she congratulated the workers and the Board of Directors on a job well done.A copy of the service contract is attached. Motion:Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 8. Approval of the Minor Plat of Saddle Creek Subdivision Phase 3, Lots 128R-A& 128R- B, Block 6, being a Replat of Saddle Creek Subdivision Phase 3 Lot 128R, Block 6; Volume 11730, Page 159, Brazos County Official Records; James C. Stuteville League,A-216; City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 1. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. VOI o '33 pg o�_ 9. Request permission to enter private property owned by Ann Kenney on Dilly Shaw Tap Road. Project will repair scouring under bridge at Wickson Creek. Site is located in Precinct 2. Motion:Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 10,1 Tax Refund Applications for the following: Overpayments • a. Robert&Anne Cain-$39.95 • b. Daren& Marlene Cline-$20.00 • c.Austin Bryan-$110.26 • d. Robert& Kathleen Brooks -$269.36 • e. KGM Rental, LLC -$978.00 • f. KGM Rental, LLC -$2,519.91 • g. Frontier Title Company-$9.16 • h. Robert& Barbara O'Connell-$10.00 Payment in Error • i. Corelogic-$2,681.09 Motion:Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 11. Budget Amendments. Budget Amendments FY 19/20 44.1 -44.3 44.1 Reallocate funds for Information Technology. 44.2 Transfer funds from Information Technology to Human Resources. 44.3 Reallocate funds for Court Support. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0., Ayes:Aldrich, Berry, Cauley, Ford, Peters. 12. 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 Irma Cauley. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 13. Payment of Claims. Vol. ��_ Pg. �"k-AJ Claims 8109303—8109470 9002675—9002732 Motion:Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Other. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 14. Juvenile Director's report on detention population. Juvenile Deputy Director Joel Hein reported there are 34 juveniles in the detention center, 28 are male and 6 are female, and 19 have electronic monitors. There are no youth in isolation at this time. Commissioner Cauley questioned why the number of intakes are so high right now. Mr. Hein stated that he wasn't aware of any specific reason however, this time of year they typically see a peak in the number of Juveniles at the Detention Center. Mr. Hein and Commissioner Cauley discussed the alternative programs that the Detention Center offers as a way to keep the youth involved in positive activities. 15. Sheriff's reporton inmate population. Sheriff Wayne Dicky stated there were 563 inmates in jail,490 inmates are male and 73 are female, 47 have electronic monitors and 1 is pending for processing. There is 1 inmate positive for COVI D-19 and they are in quarantine. 16. Announcement of interest items and possible future agenda topics. Commissioner Aldrich stated that the Conference of Urban Counties selected Brazos County as the location for their upcoming conference next year. This is a good thing for the Brazos County community. 17. Call for Citizen input and/or concerns There was no Citizen input. 18. Adjourn. The foregoing minutes of the Commissioners Court Meeting held August 17, 2021 have been examined and are approved in open Court this 14th day of September 2021, in Bryan, Brazos County, Texas. Duane eters Steve Aldrich County Judge Commissioner, Precinct 1 7R�u�ssFo�rd ���� Nancy Berry Commissioner, Precinct 2 Commissioner,Precinct 3 TPA 4 Irma Cauley Commissioner, Precinct 4 Attest: aren McQueen County Clerk op FILED FOR RECORD o DATE ��oZ/ oG do AT 4, 0�S70'CLOCK 145. M KAREN MCQUEEN Z S COUlY LERK BRAZOS COUNTY B RYAN, .TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON AUGUST 17, 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 Aldrich 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3-13 3. Request for Payment Authorization to Matrix Technologies in the amount of$134.50 for replacement of a security system motion detector. Purchase Order was not obtained in advance. 4. Request from Human Resources for a Payment Authorization in the amount of$528.87 for transfer of a printer which was originally received as a duplicate by the IT Department. .11 5. Request from Information Technology to Approve the Standard Pole Attachment and Wireless Installation License Agreement with Bryan Texas Utilities. 6. Approval of contract renewal with Jasper County for Juvenile Pre-Adjudication Detention Services. 7. Approval of FY 2022 Title IV-E Child Welfare Service Foster Care Contract. 8. Approval of the Minor Plat of Saddle Creek Subdivision Phase 3, Lots 128R-A& 128R- B, Block 6, being a Replat of Saddle Creek Subdivision Phase 3 Lot 128R, Block 6; Volume 11730, Page 159, Brazos County Official Records; James C. Stuteville League,A-216; City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 1. vol. Pg. 63 9. Request permission to enter private property owned by Ann Kenney on Dilly Shaw Tap Road. Project will repair scouring under bridge at Wickson Creek. Site is located in Precinct 2. 10. Tax Refund Applications for the following: it Overpayments • a. Robert&Anne Cain-$39.95 • b. Daren & Marlene Cline -$20.00 • c.Austin Bryan-$110.26 • d. Robert& Kathleen Brooks -$269.36 • e. KGM Rental, LLC -$978.00 • f. KGM Rental, LLC -$2,519.91 • g. Frontier Title Company-$9.16 • h. Robert& Barbara O'Connell -$10.00 Payment in Error • i. Corelogic-$2,681.09 11. Budget Amendments. Budget Amendments FY 19/20 44.1 -44.3 12. Personnel Change of Status. • a. Employment& Separations • b. Personnel Action Forms 13. Payment of Claims. 14. Juvenile Director's report on detention population. 15. Sheriff's report on inmate population. 16. Announcement of interest items and possible future agenda topics. 17. Call for Citizen input and/or concerns 18. Adjourn. Vol. �� I Pg. L4___ PUBLIC COMMENTS 11 Public Comment during the Commission Meeting may be for all matters,both on and off the agenda,and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting.Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court,with both judicial and legislative powers,created under Article V,Section 1 and Section 18 of the Texas Constitution.As a Constitutional Court,the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code.Accordingly,members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court;in participating in public discussions before the Court;and in all actions in the presence of the Court.Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group.Neither is it the intention of the Court to allow a member(or members)of the public to insult the honesty and/or integrity of the Court,as a body,or any member or members of the Court;or County employees,individually or collectively.Accordingly, profane,insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated.Violation of these rules may result in the following sanctions: 1.cancellation of a speaker's time; 2.removal from the Commissioners Court; 3.a Contempt Citation;and/or 4,such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas,. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting.During the public comment period,speakers may address matters not listed on the published agenda.The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public.To ensure the public has notice of all matters the Commissioners Court will consider,the County Judge and/or Commissioners may choose not to respond to public comments,except to correct factual inaccuracies,recite existing policy in response to an inquiry or to ask that a matter be listed an 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. Pg of ;),_ BRAZOS COUNTY COMMISSIONER' S COURT QDAY OF A , 20 /P a/ Name Organization (PLEASE PRINT) (PLEASE PRINT) dml, r Me L/,0 Sfu C4 4- 6 ( SddMI fu__ �olr I An&xllal _ him auVAS l Cb 14� r�� BRAZOS COUNTY COMMISSIONERS COURT MEETING ZZ l ©.� �� �. Date and Time Name Organization/Department AL 4,n 'M/1 jn�� &ZL4� 641M0/ ?Ottl,-sU bJ2i Dif-c-� kl Lag- ,)19-,JI f it S OC:7 l (` efj • pip MM • � 0 �p • Cd�Nl , Vol. _� Pa. �� ,�p,4 6rO,p •• ' O BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 8/17/2021 ITEM: Request from Commissioner's Court for Payment Authorization to Matrix Technologies in the amount of$134.50 for replacement of a security system motion detector.A Purchase Order was not obtained In advance. TO: Commissioners Court DATE: 08/11/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ACTION REQUESTED OR Request review and approval. ALTERNATIVES: ATTACHMENTS: Fite Name Description Tvne Invoice 195006 SVC.pdf Invoice 195006 SVC Backup Material _ PR Du a Peters Date County Judge 0.10,00- 11 0010®o- �� P000 Invoice PO BOX 4184 Date Invoice# M ' R - T 'R ' I 'X Bryan, Texas 77805-4184 7/30/2021 195006 SVC Technologies Bill To Ship To Brazos County Boonville Log Cabin PO BOX 914 2421 Boonville Rd Bryan,Texas 77806 Bryan,Texas 77802 No./Acct. No. Terms Due Dae - • J ll Service Call Net is 8/14/202.1 Qty Description Unit Price Amount Security system falsing,replaced motion detector near control panel.Completed on 6.7.21 1 Bosch motion detector/sensor 36.50 36.50T 1 Service Call 98.00 98.00T . Au 2021 - ��. 0out�91 �S � Remit Payments:P.O.Box 4164,Bryan,TX 77805. (979)260-9614.Accts subject to Subtotal $134.50 accuring rate @ 19%per annum or$35.00 late fee monthly. E-INVOICING payments are offered as an alternate payment channel and Sales Tax (0.0%) $0.00 subject to a fee of 3%of the total.This does not apply to ACH Bank Tranfers. Total $134.50 billing@gomatrix.net Please direct your questions here Payments/Credits $0.00 --FBalance bue $134.50 Thank You For Your Business .r �y ��Y•OF.:9�P . . BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 8/17/2021 ITEM: Request from Human Resources for a Payment Authorization in the amount of$528.87 for transfer of a printer which was originally received as a duplicate by the IT Department. TO: Commissioners Court DATE: 08/11/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type CDW Invoice H705351 - Printer for HR.pdInvoice Backup Material f PA - CDW Government Inc.pdf Payment Authorization Backup Material IT Email.pdf Back Up Email Backup Material PROVE 17�a,1 Duane Peters Date County Judge Vol. 03c pg. I EMIT.PA. ACH INFORMATION: E-meq Remltlat{ea;To:gachremitgngeQc�eom O R., YMENT TO.: IN'VOICZE, TH NORTWWTRUST..,, liOUTING td0 oT000762_... �II�IIII�IllIIuuIW jD I..GOUT,'kLtOJ:E$TREEj ACCOUNTNgiV1E:CDyYGQVERNMEHT fll�ll Ilul'III J'Illl II�IIJII CNICAGO,IL 60s�s �� A000UNTNO slusr ± •CDW Government If1V010EMUI BERG'' ' ]NV.OICEDATE' CU.. CMEI NUMBER 75_Rerplttance Drive,;Sufte-1515 }1705351 06!02(21 MOMChicago;(L 606'75-1515 � : ,�_ � A :r 'O •Y' SUBT.OTAL•' �„ • .S[iIPRINO;, 5ALE5TAX• 'r.•. RETURN SERVICE REQUESTED $528.87 $0.00' $0.00 DUE.DATE' .;; _ ;AMOUN FiDUE l)9I0.112't: >$528.87- 11711:7NBD.450 E0198X 10291'07823007Q45$2F94334599001:0002 II'll Ir.I`:1.111111i111114A11111 T.Illr'I]"IfI11'1.'11-11rfill l u,1111i1d'11111111d1111111d(II"'1111111�11rlrhlrlrl„Irlrllr COW Government BRAZOS COUNTY I ACCT.PAYABLE 10 Remittance Drive AUDITORSOFFIGi; Suite15�5: ITEMS MUSTSNIpCOMPLETE'•"" Chicago,IL.60675-1515 P,0 B6X g14 BRYAN.TX TI8C6-0914• PLEASE RETURN YH1S PQRnoNANiTH YOUR PAYMENT MOM:DATE IN17010E'NUMBER ;- fl9102/Zi H7U5351 Net 30 Days '0910.1721 ORUERPATE, �$HIP.V.IARURCHASEORpER.NUMSER '.,? CUSTOMERNUIVIBER 07122121. UP$:GToo Pay ent Authorization 2 87 i658`326 z.. r 't31Y QTY :8Q u ITEM;NUNI6ER' s` •" DESCRIPTION IINR .PRICE T.01AL �• -ORD SHIP B!O 6262787 HP LASERJET ENTERPRISE'SFP M554DN 1 1. 0 528:87 528.87 Mahtdacidef'Part Number:7ZU8iA#80J Sept lyb JPB91:7EGIF 9: fr '��` 27 �Q�Sy:: • �2 Printer has been received in 2cCP , advance and will be processed ", a ata` .``� � with a Payment Authorization by Human Resources since a PO = �Z �_ . couldn't be created. GO GREENI CDW I&hap y to announce that paperless i fllirig'is'novv.ajiallablel ':If•you UvoUld fike to start;receiv-,rlg.'our:on it as•ari emailed PI R,,piease a earl CQWOtpaperfessblll�g@ct( r:cosn, Pieas,O 1rldt18eyourCu9tomer number oran Invoice number in your emall for faster processing. IZERUCE PROCES51h1IG`Cb$TS/SID•EL1141JLNATE,T E HASSL .CF;PAPERCHECKS.( Be.gin transmitting.your payments:electroriicallyuie HCH usingg:CD�111 s bank and remlftance•InformatianIocated tahe top Qf.the:attaahed payment•c6upon, EmM?Ofedit@cdw:com with 312vr47:23v9..2.SACCOUNTMANAIIER e '$HIPPING:AbDRESS ` . . 7 BAILEYOi .MURPHYCI NAREHO.USE- IT * SHIP lSIRG'+ - $o.66 2a5.E 27TH-,ST bail 'u�@cdw com 9 •,:. -=.a.BRYAN T9704-399W ^ :SALES TAX:�«.r, $0:00 �.SALEE ORbEt1:NUMEIER _ __ MOPF863 � tAMQU.Isf DUE $528.87 Cage Code Number 1.KkIXZ HAVE QUES.TlONS ABOUT YOUR AG`•GO.UNT7 C1l1NS Number 02.615.72 6 'PLEASE EMAX US A7 credit@CdW com •ISO 9001'and 18014001•Certified VI$JT-V$ON THE INTERNET AT www cdigg.corn .DW.t3D11ERN ENT PEIN 3fi-09Q1,10 noatno92 - - ^. Pap 1 of-h' Vol. . �I 9 BRAZOS COUNTY Payment Authorization Vendor#: 9794 Division: Pay to: CDW Government Inc Today's Date: 10-Aug-21 Address: 75 Remittance Dr,Ste 1515,CHICAGO,IL 60675 Attach ALL supporting data such as invoices,meal and hotel receipts,airline tickets,seminar brochure(s)or syllabus,registration forms,etc. INVOICE INVOICE UNIT DATE NUMBER DESCRIPTION QUANTITY PRICE TOTAL 8/2/2021 H705351 HP Laserjet Printer 1 528.87 $ 528.87 1,the requisitioner;hereby certify that the item(s)and/or FREIGHT $ service(s)on this requisition have been or will be used TOTAL $ 528.87 exclusively for the benefit of Brazos County. They have been purchased in compliance with Section 262.021- FUND DIVISION ACCOUNT PRJECT# AMOUNT Section 262.034 of the Local Government Code. I further 1000 15000100 60500000 $ 528.87 certify that I am aware of the criminal penalties resulting from the violation of these State laws." Deyanira Garcia Requisitioned By Approved/CountyJudge TOTAL $ 528.87 Approved/County Auditor G:Excel/Forms/External/PaymentAutrvbl- �f39�prl on 8/11/2021 2:05 PM � �a Jennifer M.Salazar - - d. From: Helen D.Cook Sent: Monday,August 9,20214:36 PM To: Nina Payne Cc: Jennifer M.Salazar, Richard V. Horn Subject: BUDGET AMENDMENT REQUEST-REPLACE BROKEN PRINTER-HR-RITM27641 Attachments: CDW Invoice H705351 - Printer for HR.pdf Importance: High Hi Nina, Can you add a budget amendment on court for next week please? This is for a replacement printer for Human Resources on ticket number RITM27641. Their current printer,Asset#AAA 000 6943 has broken and needs to be replaced because it's not repairable. Total Cost: $528.87 SPECIAL NOTES: Following the budget amendment, a PAYMENT AUTHORIZATION will be created by HR for this printer in lieu of a PURCHASE ORDER. The reason for this is because the printer has already been received due to a shipping error. An unusual circumstance happened that the IT Department had been shipped an EXTRA DUPLIATE PRINTER from the vendor by-accident. We were in the process of having it shipped back to the vendor but at the same time the printer for HR cratered and is the same model number enabling us to deploy the extra printer to them instead of shipping it back to the vendor. The Invoice#H705351 is attached to process the PAYMENT AUTHORIZATION. Account Category Name: Equipment&IT Enhancements (60500000) Please let me know if I left off any information you need for processing this. The Tech's will deploy the printer within the next few days to HR to begin using. Thank you, Helen Cook: Administrative:.Assistant Brazos,County Information.Technology Department 205.Easfi 2.7fh`Street 8ryari;:TX. 778.03 .(979)361=.4520- Office rg. V� pT-E 0F. i 2 TY OF 9lL BRAZOS COUNTY BRYANJEXAS DEPARTMENT: Information Technology NUMBER: DATE OF COURT MEETING: 8/17/2021 ITEM: Request from Information Technology to Approve the Standard Pole Attachment and . Wireless Installation License Agreement with Bryan Texas Utilities. TO: Commissioners Court FROM: Eric Caldwell,CGCIO DATE: 08/04/2021 FISCAL IMPACT: True BUDGETED: True DOLLAR AMOUNT: $1,118.30 The Standard Pole Attachment and Wireless Installation License Agreement provides for billing"fees for Attachments and Network Nodes on a per-pole-foot-required basis at the BUDGET DETAIL: highest rate permitted under applicable/aw"(Section 3.1.1). Brazos County fiber occupies 106 pole-feet on BTU's poles.The fee per pole-foot in calendar year 2021 was$10.55 meaning our cost would have been$1,118.30.The fee per pole-foot in calendar year 2022 may be different. SOURCE OF FUNDS: Money for this agreement was requested in the FY22 budget. REQUIREMENTS: On March 8,2004, Commissioners Court approved a Fiber Optic Network Installation and Maintenance Agreement with Bryan Texas Utilities(attached). Under this agreement, BTU was paid to install fiber optic cabling on their poles connecting the courthouse and annex with Road&Bridge,Juvenile, and BCDC.The agreement also provided for BTU to maintain the fiber in exchange for a separate annual fee of$4,500. BTU never invoiced Brazos County for this annual fee and Brazos County never paid the fee.This oversight NOTES/EXCEPTIONS: was discovered seventeen years later(in November 2020)when some of the poles were to be removed and all attached lines were to be buried.After discussions with BTU, it was agreed that the original March 2004 agreement should be terminated(see attached non- renewal notice from BTU),and that Brazos County would enter into this new, Standard Pole Attachment and Wireless Installation License Agreement. Note that under this new agreement Brazos County will be responsible for repairing and relocating our fiber,when required. Need a signature and date on page 24 of 26,and initials in the margins at 2.1, 2.2.1, 2.3, ACTION REQUESTED OR 2.6, 15.3, 17,and Appendix B acknowledging the provisions that have been struck through ALTERNATIVES: or intentionally omitted. ATTACHMENTS: File Name Description Type STANDARD POLE ATTACHMENT AND WIRELESS INSTALLATION LICENSE AGREEMENT BETWEEN BRYAN TEXAS UTILITIES AND BRAZOS COUNTY,TEXAS BTU AGREEMENT NO. 12 ' � � ` � ` ` TABLE oFCONIENO[& STANDARD POLE ATTACHMENT AND WIRELESS INSTALLATION LICENSE AGI8EEMlNT.1 1 ' RECITALS................................................................................................................................................... � 2 AGREEMENT.............................................................................................................................................. � l. DEFINITIONS......................................................................................................................................Z ^ 2. SCOPE OPAGREEMENT..................................................................................................................* ]. FEES AND CHARGES........................................................................................................................u 4" PRIVATE AND REGULATORY COMPLIANCE.............................................................................7 ` I LIABILITY AND INDEMNIFICATION--_-~..~.....----.~_--_''_._-...'.--''y 6. DUTIES,RESPONSIBILITIES,AND EXCULPATION_--_--..--..—..-__.---_.12 ?. INSURANCE......................................................................................................................................z3 Q. AUTHORIZATION NOT EXCLUSIVE............................................................. .............................13 9. ..................................................................................................................................13 / lKTERM OF AGREEMENT................................................................................................................1s � l}' DEFAULT;TERMINATION OF AGREEMENT...........................................................................1s 12. RELOCATION AND REMOVAL[F P&�D7�� ATTACHMENTS,COMMUNICATIONS�� / AND WIRELESS INSTALLATIONS-_-..--_---_—._---_---_-~._-...1s � 13. AMENDING AGREEMENT AND POLE ATTACHMENT STANDARDS.................................1Q ( 14. DISPUTE RESOLUTION................................................................................................................19 15. NOTICES..........................................................................................................................................2D Ul RECEIVERSHIP,FORECLOSURE,OR ACT OF ..............................................21 17. PERFORMANCE BOND 8ROTHER SECURITY...........................Enrarl Bookmark not defined. � 18' ENTIRE AGREEMENT; ..---_...-..-..__--_..---__-_-22 � lA' SEVERABILITY-------._..._.---_-----'--------^^^^-----^-'—`~22 20. GOVERNING LAW; AND VENUE....................................................................23 21. INCORPORATION OF RECITALS,APPENDICES,AND POLE ATTACHMENT STANDARDS 33 22. MISCELLANEOUS PROVISIONS.................................................................................................23 -' 24. INTEREST ON PAST-DUE AMOUNTS........................................................................................24 25. ATTORNEY'S FEES.......................................................................................................................24 � � � Appendix A- Minimum Insurance Requirements.......................................................... _ ......................1 � � AppendixB: Performance Bond...................................................................................................................3 ` voi. 339 Pg--L�—P-1 ` ` ` ' ' � ' � � � � ' � � ' STANDARD POLE ATTACHMENT AND WIRELESS INSTALLATION LICENSE AGREEMENT This Standard Pole Attachment and Wireless Installation License Agreement (the "Agreement") is made and entered into on the 25th day of August 20 21 (the "Effective Date"), by and between the City of Bryan, Texas (the "City"), d/b/a Bryan Texas Utilities and acting by and through Bryan Texas Utilities Board,a municipal board of the City of Bryan("BTU")and Brazos County,Texas("Licensee")(collectively,the"Parties'). RECITALS A. As serforth below, Licensee is: (1) the holder of either a Public Utility Commission of Texas ("PUC")-issued certificate of authority ("GOA") or service provider certificate of authority("SPCOA");(2)the holder of a PUC-issued certificate of franchise authority; (3) a Network Provider,as defined in Chapter 284, Local Government Code;or(4)a Private Network owner. B. Licensee agrees to install and maintain Attachments and associated Communications Facilities or Network Nodes on BTU's Eligible Poles for the provision of Communications Services to the public or for the purposes of a permitted Private Network. C. Pursuant to the terms of the Contractual Authorities,BTU may issue one or more Permits authorizing the placement, installation, operation, or use of Licensee's Attachments or Network Nodes in specified locations, including, depending on the nature of the installation:(1)on Utility Poles within the Communications Space or pole-top space,where permissible;and(2)on Non-Decorative Streetlight Poles. D. All of Licensee's Attachments or Network Nodes shall be installed and maintained pursuant to the procedures and regulations set out in BTU's Pole Attachment and Wireless Installation Standards, as amended from time to time, which are incorporated herein by reference as if fully set forth in this Agreement. E. BTU supports the rapid deployment of competitive broadband and wireless networks within its service area pursuant to prudent pole attachment terms and conditions that will not (1) compromise the safety and reliability of BTU's electric distribution system; (2) detrimentally affect BTU's ability to deliver exceptional customer service; or (3) unreasonably interfere with the functionality of third-party communications networks that share BTU's Eligible Poles. This Agreement shall be interpreted consistently with these principles. F. With this Agreement, BTU departs from the traditional Make-Ready Work process by authorizing Licensee to prepare Make-Ready Engineering design documents and to manage Make-Ready Electrical Construction in the electrical space of BTU Eligible Poles at Licensee's option, subject to BTU's review and approval of engineering design documents and field inspections of construction operations. G. BTU is willing,when it lawfully may do so,to issue one or more Permits authorizing the placement or installation of Licensee's Attachments or Network Nodes on BTU's Eligible Poles, provided that BTU may refuse, on a non-discriminatory basis, to issue a Permit where there is insufficient Capacity or for reasons relating to safety, reliability, generally Page 1 of 26 F�®i. ® Pg. applicable engineering purposes, or any other Applicable Engineering Standards in accordance with the terms and conditions of the Standards and consistent with the duties outlined in this Agreement, except to the extent applicable federal, state, or local law imposes additional or different requirements. H. This Agreement has an initial term of five (5) years and will automatically renew for successive one-year terns unless or until it is terminated by either Party pursuant to the terms hereof.Upon the expiration or termination of this Agreement,Licensee is obligated to remove its Attachments or Network Nodes. Any Attachments or Network Nodes, whether previously authorized or not, are subject to the terms and conditions of the Standards, and those that are not timely removed may be removed by BTU at Licensee's expense. In consideration of the foregoing recitals and of the mutual covenants, terms and conditions,and remunerations herein provided,and the rights and obligations created hereunder, the Parties agree as follows: AGREEMENT 1. DEFINITIONS 1.1. For the purposes of this Agreement,capitalized terms not listed in this Section shall have the meaning given them in the Standards. 1.2. The following terms,phrases,words,and their derivations,shall have the meaning given herein, unless more specifically defined within a section of this Agreement or in the BTU Standards. 1.2.1. Affiliate means,when used in relation to Licensee,another entity that owns or controls, is owned or controlled by, or is under common ownership or control with Licensee. 1.2.2. Attachment Rate means the annual rate for one foot of Utility Pole space as determined by BTU consistent with Section 54.204(c), Texas Utilities Code. 1.2.3. Contractual Authorities means the terms and conditions of this Agreement, together with the Standards,which are incorporated herein by reference as if fully set forth,as they may be amended from time to time. 1.2.4. Eligible Pole means a Utility Pole or a Non-Decorative Streetlight Pole. 1.2.5. Licensee means Brazos County, Texas and its authorized successors and assignees. 1.2.6. Licensee's Facilities means the Attachments,Communications Facilities,or Network Nodes installed, owned, leased, licensed, used, or operated by Licensee. 1.2.7. Micro Network Node means a Network Node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna,if any,not longer than 11 inches. - Page 2 of 26 1.2.8. Network Node, also known as Wireless Installation for purposes of these Standards, means equipment at a fixed location that enables the provision of wireless communications between user equipment and a communications network. The term: (a)includes: © equipment associated with wireless communications; (n) a radio transceiver, an Antenna, a battery-only backup power supply, and comparable equipment,regardless of technological configuration;and (m) coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation;and (b)does not include: n an electric generator; (n) a Pole;or ® a Macro Tower. 1.2.9. Network Node Fee means the total annual rental payment assessed by BTU to each Licensee that owns Network Nodes installed on BTU's Eligible Poles determined by multiplying the [Attachment Rate]x [total number of pole-feet occupied by the Network Provider's Network Nodes]. 1.2.10.Non-decorative Streetlight Pole shall mean a BTU-owned Streetlight Pole that is not a Decorative Streetlight Pole. 1.2.11.Other Licensee means any entity, other than Licensee, to which BTU has extended,or in the future extends,a license agreement to attach facilities to BTU's Eligible Poles subject to the Standards, or an entity the license agreement of which has been terminated or expires, and the existing Attachments or Network Nodes of which at the time of contract termination or expiration become subject to the Standards. 1.2.12.Pole Attachment Fee means the total annual rental payment assessed by BTU to each Licensee determined by multiplying[Attachment Rate]x[total number of Utility Pole feet occupied or required by permitted Attachments for the Licensee]. 1.2.13.Private Network means a network constructed by a private or public entity, such as a school,a university,or a unit of local government,used solely for non-commercial communications purposes. 1.2.14.Standards means BTU's Pole Attachment and Wireless Installation Standards with an effective date on or about September 18, 2018, and as amended from time to time. 1.2.15.Unauthorized Attachment means any Attachment or Overlashing of Licensee (a)that was installed before execution of an Agreement or other valid pole attachment license agreement; (b) that was installed after Page 3 of 26 F � F)go -�f. termination or expiration of an Agreement or other valid pole attachment license agreement; (c)for which Licensee failed to obtain a Permit; or(d) that is not in compliance with the requirements of the Permit issued for said Attachment or Overlashing. 1.2.16.Unauthorized Network Node means any Network Node of Licensee(a)that was installed before execution of an Agreement or other valid wireless installation license agreement; (b) that was installed after termination or expiration of an Agreement or other valid wireless installation license agreement; (c) for which Licensee failed to obtain a Permit; or(d) that is not in compliance with the requirements of the Permit issued for said Network Node. 1.2.17.Utility Pole means a BTU electric distribution system utility pole owned by BTU carrying primary or secondary voltages with phase-to-phase voltages up to and including 34.5 kilovolts(kV). I.2.18.Wireless Installation means a Network Node or Micro Network Node 1.2.19.Wireless Installation Space means the space on an Eligible Pole where the following components of a pole-mounted Network Node may be located pursuant to a Permit: (a) Antenna Area; (b) Wireless Equipment Cabinet; and(c)Backhaul Network Interface Device. For a Network Node utilizing the Pole Top Space, the Wireless Equipment Area will not include the Antenna Area. 1.3. When not inconsistent with the context,words used in the present tense include the future tense,words in the plural number include the singular number,and words in the singular number include the plural number. The words "shall" and "will" are mandatory, and the word "may" is permissive. Words not defined shall be given their common and ordinary meaning. 2. SCOPE OF AGREEMENT 2.1. Grant of License. Subject to the provisions of the Standards,the duties outlined in this Agreement, and to the extent allowed by law, BTU hereby grants Licensee a revocable,nonexclusive license authorizing Licensee to install,own,lease,license, use,or operate(a)permitted Attachments on BTU Utility Poles; d(b)pe.,, k* d NetweEk Nedes an BTU's Eligible Peles in peffaitted Wifeless installation Spaee. The grant of this license is contingent on Licensee following the procedures and regulations in the Contractual Authorities at all times. 22 ApplicabilityApplicabiliky and Amendment of Standards. 2.2.1. The Standards are applicable to Licensee's activities in installing, owning, leasing, licensing,using,or operating Attachments . 2.2.2. Licensee agrees that BTU has the right to amend the Standards from time to time in response to changing conditions in the local market,technological advances, business requirements, policy initiatives,or changes in federal, state,or local law, and that the amended Standards will be incorporated in this Agreement as of their effective date. Page 4 of 26 vol. -359 Pg. �� 2.3. Licensee's Privilege to Attach or Install Own Use or Operate Attachments or Network Nodes. Licensee must apply for and obtain a Permit pursuant to the procedures and requirements of the Standards for each Attachment o- Ne ,e* Ne(6 that Licensee desires to install. The issuance of such Permit or Permits is subject at all times to BTU's right to provide core electric utility services,including any and all internal communications service essential to the proper operations of such core electric utility services, using its Eligible Poles. Nothing in this Agreement, other than a Permit properly issued under the Standards, shall be construed as granting Licensee any authorization to install an Attachment of Netwer E Node to any specific Eligible Pole. 2.4. No Interest in Property.No use,however lengthy, of any BTU Facilities, and no payment of any fees or charges required under the Contractual Authorities, shall create or vest in Licensee any easement or other ownership interest or property right of any nature in any portion of such BTU Facilities. Neither the Contractual Authorities nor any Permit granted under the Standards, shall constitute an assignment of any of BTU's rights to BTU Facilities.Notwithstanding anything in the Contractual Authorities to the contrary,Licensee shall at all times be and remain a licensee only. 2.5. Licensee's Warranties Re ardin Franchise or Other Authori to Use Public Rights-of-Way and Other Permits. 2.5.1. Licensee warrants and agrees that BTU does not have the power to grant Licensee the right to conduct business within the City of Bryan or other cities or jurisdictions within the BTU service area. 2.5.2. Licensee warrants and agrees that this Agreement does not constitute a franchise or license to use Public Rights-of-Way within the City of Bryan or any other jurisdiction within the BTU service area. 2.5.3. Licensee warrants and agrees that it is the obligation of Licensee to obtain (a)proper easements from all landowners or others having jurisdiction for the installation of facilities on BTU's Eligible Poles when they are outside of Public Rights-of-Way; (b) a franchise or other authority by ordinance, regulation, or state law authorizing Licensee to install, own, use, erect, maintain,lease,license,or operate one or more Communications Facilities or Network Nodes in the Public Rights-of-Way from the applicable governing authority or authorities; and (c) other necessary permits, authority, or consents from federal, state, municipal, or other public authorities to conduct such activities. 2.6. Permitted Uses. Licensee shall only use Attachments to M provide Communications Services and shall not engage in any illegal practices, anticompetitive behavior,or collusion with regard to construction activities related to the installation, operation, maintenance, transfer,relocation, use, lease, license, or removal of its Attachments et-Network Nedes. Page 5 of 26 C 2.6.1. Licensee shall fully and timely cooperate with BTU, Other Licensees,and governmental authorities, as prescribed in Contractual Authorities, with regard to the transfer and relocation of Attachments and Network Nodes. 2.6.2. Licensee warrants and agrees that preventing or unreasonably delaying any Other Licensee from installing,transferring,or relocating an Attachment or Network Node on an Eligible Pole or interfering with any Other Licensee's Attachment or Network Node installation privileges will constitute a material breach of this Agreement. 2.6.3. Notwithstanding any other provision of this Agreement, Streetlight Poles (whether Decorative or Non-decorative)may not be used for Attachments, but only for Network Nodes where consistent with the Contractual Authorities. .2.7. No Rights after Termination. Nothing in this Agreement shall be construed to require BTU to allow Licensee to use any Eligible Pole after the termination or expiration of this Agreement. 2.8. Parties Bound by A eement.Licensee and BTU are bound by the duties outlined in this Agreement. 3. FEES AND CHARGES 3.1. Pole Attachment and Wireless Installation Fees. Pursuant to this Agreement and the Standards,BTU shall assess and Licensee shall pay, in addition to any other fees or charges authorized under the Contractual Authorities,fees and charges for the privilege of installing, maintaining, owning, leasing, licensing, using, or operating Attachments or Network Nodes on BTU's Eligible Poles. 3.1.1. BTU shall assess fees for Attachments and Network Nodes on a per-pole- foot-required basis at the highest rate permitted under applicable law(the "Attachment Rate,"defined above). BTU will provide Licensee notice of the applicable Attachment Rate for the next calendar year by November 30 of each year. 3.1.2. Licensee's initial payment of the Pole Attachment Fees or Network Node Fees for any Attachment or Network Node,as applicable,shall be made on the date Licensee completes installation of the Attachment or Network Node to which a fee or fees are applicable. 3.I.3. After installation of an Attachment or a Network Node, for each year Licensee operates under this Agreement: 3.1.3.1.Licensee shall,on or before October 31 of each year,provide BTU with a summary statement showing(a)the locations of and (b)the number of pole-feet occupied by or required for support of each Attachment or Network Node it owns, leases, licenses, uses, or operates as of that date("Summary Statement");and 3.1.3.2.After delivery of the Summary Statement to BTU, Licensee shall, on or before December 31 of each year,pay to BTU in advance for the following calendar year: (a)the Attachment Rate multiplied by Page 6 of 26 K voi. 3 -3-31— _1�J� the number of pole-feet occupied by or required for Licensee's Attachments installed on or supported by a Utility Pole for all or any part of the preceding calendar year(the "Pole Attachment Fees"); and(b)the Attachment Rate multiplied by the number of pole-feet occupied by or required for Licensee's Network Nodes installed on or supported by an Eligible Pole for all or any part of the preceding calendar year(the"Wireless Installation Fees"). 3.2. Application Fees. Licensee shall pay all required Application Fees in accordance with the Standards at the time it submits any Application for permission to install, own, lease, license, use,or operate an Attachment on a Utility Pole or a Network Node on an Eligible Pole.An Application shall not be considered complete until the Application Fees are paid in full. 3.3. Make-Ready and Other Charges.Upon approval of an Application,Licensee shall pay all Make-Ready Charges in full directly to BTU or its contractors, as BTU directs in accordance with the Standards.-Make-Ready Electrical Construction will not commence until payment of Make-Ready Charges is made in full. 3.4. Penalties for Unauthorized Attachments or Unauthorized Network Nodes. In the event that Licensee, its agents, its contractors, or its customers installs, owns, leases, licenses, uses, or operates one or more Unauthorized Attachments or Unauthorized Network Nodes, Licensee shall,within thirty(30) calendar days of notice or demand: (a) pay BTU the Unauthorized Attachment Charge or Unauthorized Network Node Charge prescribed in the Standards for each Unauthorized Attachment or Unauthorized Network Node; (b) apply for the applicable Permit for the Unauthorized Attachment or Unauthorized Network Node as provided in the Standards;and(c)pay any costs or expenses required of Licensee under the Contractual Authorities to apply for and obtain a Permit for the Attachment or Network Node. 3.5. Failure to Correct Unauthorized Attachment or Unauthorized Network Node. If Licensee does not apply for a Permit for the Attachment or Network Node and pay the required fees and charges within thirty(30)calendar days of notice that it has installed an Unauthorized Attachment or Unauthorized Network Node, the Attachment or Network Node may be removed in accordance with the Standards at Licensee's expense. 3.5.1. If Licensee fails to pay the cost and expense BTU incurs in removing an Unauthorized Attachment or Unauthorized Network Node within thirty(30) calendar days of notice or demand, BTU may reimburse itself the expense by drawing from the Licensee's Security Instrument. 3.5.2. If the amount of the Security Instrument is insufficient to reimburse BTU all the costs of removal it incurs, BTU may draw the full amount of the Security Instrument and pursue any and all remedies for default available under this Agreement,at law or in equity. 4. PRIVATE AND REGULATORY COMPLIANCE - 4.1. Necessary Authorizations. Page 7 of 26 4.1.1. Licensee warrants that it is: (a)the holder of either a PUC-issued COA or SPCOA; (b)the holder of a PUC-issued certificate of franchise authority; (c)a Network Provider,as defined in Chapter 284,Local Government Code; or(d)a Private Network owner. 4.1.2. Licensee shall obtain from the appropriate public or private authority or other appropriate persons any required authorization to construct, operate, or maintain its Attachments,Communications Facilities,or Network Nodes on public or private property before it occupies any portion of BTU's Eligible Poles.Licensee must provide BTU,as required by the Standards,a copy of a license, franchise, certificate of authority, or other authorization or proof of authority suitable to BTU in its sole discretion that grants Licensee access to municipal or other rights-of-way for the purpose of installing Attachments,Communications Facilities,or Network Nodes. 4.1.3. Licensee shall provide BTU with evidence that appropriate authorization has been obtained for any required access to public or private property,other than municipal Public Rights-of-Way,at the time an Application for Permit is submitted.Licensee's obligations under this Section include,but are not limited to, its obligation to obtain all necessary approvals to occupy public/private rights-of-way and to pay all costs associated therewith, and to maintain such approval for the term of a Permit. 4.2. Forfeiture of BTU's Rights.Any Permit that covers Attachments,Communications Facilities,or Network Nodes that would result in forfeiture or diminution of BTU's rights (as determined by any order, decision, action, or ruling by a court or other governmental authority of competent jurisdiction), shall be deemed invalid as to such Attachments,Communications Facilities,or Network Nodes as of the date of the order,decision,action,or ruling. 4.2.1. If any of Licensee's existing Attachments, Communications Facilities, or Network Nodes,whether installed pursuant to a valid Permit or not,would cause such forfeiture or diminution(as determined by any order, decision, action, or ruling by a court or other governmental authority of competent jurisdiction), Licensee shall promptly remove its Attachments, Communications Facilities, or Network Nodes upon receipt of written notice from BTU of such order,decision,action,or ruling. 4.2.1.1.If Licensee does not remove its Attachments, Communications Facilities,or Network Nodes within forty-five(45)calendar days of the written notice from BTU, BTU may perform such removal at Licensee's sole cost and expense.If Licensee falls to pay the cost of removal within thirty(30)calendar days of demand from BTU,BTU may reimburse itself the expense by drawing from Licensee's Security Instrument. 4.2.1.2.If the amount of the Security Instrument is insufficient to reimburse all the costs of removal BTU incurs,BTU may draw the full amount of the Security Instrument and may-pursue any and all other Page 8 of 26 Vol. pg. � remedies for default available under this Agreement, at law or in equity. 4.2.2. If the rights of BTU or Other Attaching Entities to occupy the real property on which BTU's Eligible Poles are located are terminated solely as a result of the installation, maintenance, or repair of Licensee's Unauthorized Attachment, Unauthorized Network Node, or the failure to remove Licensee's Facilities within the 45-calendar-day period set forth in this Section,Licensee shall use best efforts to restore BTU or Other Attaching Entities to their status before such Unauthorized Attachment or Unauthorized Network Node was installed,maintained,or repaired. 5. LIABILITY AND INDEMNIFICATION 5.1. Liability. BTU reserves to itself the right to maintain and operate its Utility Pole and Streetlight Pole systems in such manner as will best enable it to fulfill its service requirements. AS A MATERIAL PART OF THE CONSIDERATION OF THIS AGREEMENT,LICENSEE TAKES AND ACCEPTS BTU'S ELIGIBLE POLES "AS IS" AND IN THE CONDITION IN WHICH LICENSEE FINDS BTU'S ELIGIBLE POLES,WITH ANY AND ALL LATENT AND PATENT DEFECTS AND WITH NO EXPRESS OR IMPLIED WARRANTIES BY BTU OF MERCHANTABILITY, FITNESS, SUITABILITY, OR THAT THE ELIGIBLE POLES ARE FIT FOR ANY PARTICULAR PURPOSE. LICENSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION WITH RESPECT TO THE CONDITION OF BTU'S ELIGIBLE POLES, BUT IS RELYING UPON ITS OWN EXAMINATION OF BTU'S ELIGIBLE POLES. BTU shall NOT be liable to Licensee, its customers, or anyone else for any interruption to service of Licensee or any interference with the operation of Licensee's Facilities, except where caused by BTU's negligence or willful misconduct.With the exception of third-party claims subject to Section 5.2,neither Party shall be liable to the other for any indirect, special, incidental, or consequential damages suffered by the other Party such as, but not limited to,loss of any anticipated profits, claims of customers, loss of revenue, loss of use of Licensee's Facilities or system, cost of capital,increased expenses or operation of other facilities,or cost of replacement equipment,facilities or power. 5.2. Indemnification. 5.2.1. Licensee shall defend, indemnify, and hold harmless BTU, the City, and their respective officials, officers, board members, council members, representatives,employees,agents,and contractors(each an"Indemnitee," and collectively, the "Indemnitees') against any and all liability, costs, damages(including indirect or consequential damages),fines,taxes,special charges by others, penalties, payments (including payments made by Indemnitees under any Workers' Compensation Laws or under any plan for employees' disability and death benefits), and expenses (including reasonable attorneys' fees of Indemnitees and all other costs and expenses - of litigation)of every kind or character arising from the performance of this Page 9 of 26 Vol. ��� _� Agreement, including any act, omission, failure, negligence, or willful misconduct in connection with the construction, maintenance, repair, presence, use, relocation, transfer, removal, or operation by Licensee or Licensee's officers, directors, employees, agents, or contractors of Licensee's Attachments, Communications Facilities, or Network Nodes; the Attachments, Communications Facilities, or Network Nodes of any Other Licensee;or BTU Facilities("Covered Claims"). 5.2.2. Licensee's indemnification obligations for Covered Claims shall apply irrespective of any negligence or alleged negligence of Indemnitees,except to the extent that Indemnitees' negligence or willful misconduct gives rise to such Covered Claims,in which case it is expressly agreed that Licensee's obligations of indemnity under Section 5.2 shall be effective only to the extent of its pro rata share of liability. Covered Claims include,but are not limited to,the following: 5.2.2.1. Claims related to intellectual property infringement, libel and slander, and claims or ransom demands resulting from malicious cybersecurity breaches or cyber-attacks perpetrated against BTU's internal computer networks, systems, gateways, or software applications arising from, resulting from,or related to Licensee's online access to BTU's electronic systems, databases, applications,or software utilized by Licensee in the Make-Ready Engineering design process, the installation of Attachments, Communications Facilities,Network Nodes,or the construction of Licensee's Facilities; 5.2.2.2. Claims associated with cost of work performed by BTU that was necessitated by Licensee's failure, or the failure of Licensee's officers, directors, employees, agents, or contractors, to install, maintain,use,transfer,or remove Attachments,Communications Facilities,Network Nodes, or BTU Facilities in accordance with the requirements and specifications of the Standards; 5.2.2.3. Claims for damage to or destruction of Attachments, Communication Facilities, or Network Nodes of any Other Licensee, BTU Facilities, private property of any third-party, or injury to or death of any person or persons that arise out of or are caused by the erection, installation, maintenance, presence, operation,use,rearrangement, or removal of or from BTU Poles of Licensee's Attachments, Communications Facilities, or Network Nodes or the proximity of Licensee's Attachments, Communications Facilities,or Network Nodes to BTU Facilities, or by any act, omission, or negligence of Licensee or its contractors, agents and employees on or in the vicinity of BTU Facilities; 5.2.2.4. Liabilities incurred as a result of Licensee's violation, or a violation by Licensee's officers, directors, employees, agents, or Page 10 of 26 contractors,of any law,rule,or regulation of the United States,the State of Texas,or any other governmental entity or administrative agency; 5.2.2.5. Claims of governmental bodies, property owners, or others alleging that Licensee does not have sufficient right or authority for placing and maintaining Licensee's Attachments, Communications Facilities,or Network Nodes at the locations of BTU's Eligible Poles; 5.2.2.6. Claims for taxes or special charges by others that arise directly or indirectly from the construction, maintenance, or operation of Licensee's Attachments, Communications Facilities, or Network Nodes and are payable by Licensee pursuant to federal, state, or local regulation,statute,or other requirement; 5.2.2.7. Claims caused by or relating in any manner to a breach of this Agreement by Licensee or its agents and employees or by Licensee's contractors;and 5.2.2.8. Claims arising from or due to environmental conditions arising from Licensee's use, storage,maintenance,disposal,or release of any Hazardous Substances on, under, adjacent, or proximate to BTU Facilities. 5.3. Procedure for Indemnification. 5.3.1. Indemnitee shall give reasonably prompt notice to Licensee of any Covered Claim or threatened Covered Claim wherein Indemnitee is seeking indemnification pursuant to Section 5.2,specifying the alleged factual basis for such claim and the estimated amount of the claim. 5.3.2. Indemnitee's failure to give the required notice of a Covered Claim will not relieve Licensee of its obligation to indemnify Indemnitee unless and to the extent Licensee is materially prejudiced by such failure. 5.4. Environmental Hazards. Licensee represents and warrants that its use of BTU's Eligible Poles will not generate Hazardous Substances, that it will not store or dispose of Hazardous Substances on or about BTU's Eligible Poles,that it will not transport to BTU's Eligible Poles any Hazardous Substances,and that Licensee's Attachments, Communications Facilities, or Network Nodes do not constitute or contain and will not generate any Hazardous Substances, including any such activities in violation of federal, state, or local law now or hereafter in effect, including any amendments.The term "Hazardous Substance" shall be interpreted broadly to mean any substance or material designated or defined as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance,or other similar term by any federal,state,or local laws,regulations,or rules now or hereafter in effect, including any amendments. Licensee further represents and warrants that in the event of breakage,leakage,incineration,or other disaster, Licensee's Attachments, Communications Facilities, or Network Nodes will not release such Hazardous Substances. Page 11 of 26 5.5. Municipal Liability Limits.No provision of this Agreement is intended or shall be construed to be a waiver on the part of BTU for any purpose of any applicable limits on municipal liability. 5.6. No Limitation.No indemnification provision contained in this Agreement under which Licensee indemnifies BTU shall be construed in any way to limit any other indemnification provision contained in the Contractual Authorities or under applicable Iaw. 6. DUTIES,RESPONSIBILITIES,AND EXCULPATION 6.1. Duty to Inspect.Licensee acknowledges and agrees that BTU does not warrant the condition or safety of the BTU Facilities or the premises surrounding the BTU Facilities,and Licensee further acknowledges and agrees that it has an obligation to inspect Eligible Poles or premises surrounding the Eligible Poles prior to commencing any work on Eligible Poles or entering the premises surrounding the Eligible Poles. 6.2. Knowledge of Work Conditions.By executing this Agreement, Licensee warrants that it has acquainted, or will fully acquaint, itself and its employees, contractors, subcontractors,or agents with the conditions relating to the work that Licensee will undertake under the Standards and that it fully understands or will acquaint itself with the facilities, difficulties, and restrictions attending the execution of such work. 6.3. Duty to Inform and Protect. Licensee further warrants that it understands the imminent dangers, INCLUDING SERIOUS BODILY INJURY OR DEATH FROM ELECTROCUTION, inherent in the work necessary to make installations on Eligible Poles by Licensee's employees, servants, agents, contractors, or subcontractors, and Licensee accepts as its duty and sole responsibility the obligation to notify and inform Licensee's employees,servants,agents,contractors, or subcontractors of such dangers, and to keep them informed regarding same. Licensee also warrants that it will implement all precautions, procedures, and measures in the Standards to protect public safety and the safety of personnel working close to electrified lines. 6.4. Protection of Utility Data.During the term of this Agreement,Licensee may have access to BTU's geodatabase electronic records of Eligible Pole locations, strand and underground routes, substation locations, and other pertinent information related to BTU's electric system.Such electronic records consist of proprietary and confidential BTU information related to critical infrastructure and shall he treated as confidential by Licensee and protected from public disclosure. Licensee shall implement physical and' cybersecurity measures to protect the geodatabase information from public disclosure,theft,and widespread internal distribution,such as the best practices outlined in the Federal Trade Commission's "Start with Security"cybersecurity guidelines. 6.5. Licensee's Confidential Information. To the extent that Licensee considers any document or information submitted to BTU under the terms of the Contractual Authorities to be trade secret,proprietary, or otherwise confidential under law, it Page 12 of 26 i FX39 � .�� shall label or mark the document or information conspicuously with the words "Confidential Information."If any person requests access to Licensee's information submitted to BTU under the terms of the Contractual Authorities,BTU will treat such information as required under the Texas Public Information Act,Chapter 552, Texas Government Code. 7. INSURANCE 7.1. Insurance Coverage.As detailed in Appendix A hereto,Licensee agrees at all times to carry and maintain in full force insurance sufficient to fully protect BTU, the City, and their respective officials, officers, board members, council members, representatives,employees, and agents("Covered Persons")from and against any and all claims or demands for damages, and to include all Covered Persons as "additional insureds." 7.1.1. Licensee shall provide for an endorsement that the "other insurance" clause shall not apply to Covered Persons where they are additional insureds on the policy. 7.1.2. Licensee's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by a Covered Person for liability arising out of this Agreement. 7.1.3. BTU may in its reasonable discretion increase required insurance coverage limits or modify coverages where it determines such changes are reasonably necessary to provide adequate insurance coverages. 7.2. On an annual basis, on or before October 31 of each year of this Agreement, Licensee shall furnish appropriate documentation acceptable to BTU demonstrating its insurance coverage and that it fully complies with this Section and the Standards. 7.3. Failure to maintain the appropriate insurance coverage at any time during the term of this Agreement or to annually furnish documentation of coverage shall constitute a breach of this Agreement. 8. AUTHORIZATION NOT EXCLUSIVE BTU shall have the right to grant, renew, and extend nondiscriminatory rights and privileges to others not party to this Agreement, by contract or otherwise, to use BTU Facilities. Such rights shall not interfere with the privileges granted to Licensee by the specific Permits issued pursuant to the Standards.Licensee's privileges under a Permit issued pursuant to the Standards shall not interfere with the privileges of any Other Licensee that has been issued a Permit.In the event of a conflict between the privileges of Licensee and any Other Licensee that cannot be resolved by reference to the Standards, BTU shall resolve the conflict as the Eligible Pole owner in a non- discriminatory manner. 9. ASSIGNMENT 9.1. Limitations on Assignment. Licensee shall not assign its privileges or obligations under this Agreement, nor any part of such privileges or obligations, without the prior written consent of BTU,which consent shall not be unreasonably withheld, conditioned,or delayed. Page 13 of 26 r Vol. Pg. IOU 9.2. Obligations of Assignee/Transferee and Licensee. Notwithstanding any provision in this Agreement to the contrary,Licensee shall have the privilege to assign this Agreement to any parent, subsidiary,Affiliate,or any person, firm,or corporation that shall control,.be under the control of, or be under common control with Licensee,or to any entity into which Licensee may be merged or consolidated or that purchases all or substantially all of the assets of Licensee that are subject to this Agreement. No assignment or transfer under this Section shall be allowed, however, until the assignee or transferee becomes a signatory to this Agreement and assumes all obligations of Licensee arising under this Agreement. Licensee shall furnish BTU with prior written notice of the transfer or assignment,together with the name and address of the transferee or assignee. Notwithstanding any assignment or transfer,Licensee shall remain fully liable under this Agreement for claims that arose during the time period Licensee operated pursuant to the Agreement, and Licensee shall not be released from those claims, including the obligation to indemnify BTU for Covered Claims. 9.3. Sub-Licensing Prohibited. 9.3.1. Licensee Remains Responsible.Licensee shall not sublicense space on or use of a BTU Eligible Pole to any third party. The Parties acknowledge and agree,however,that certain Network Nodes that Licensee may deploy, construct, install, repair, or maintain under the terms of this Agreement may be licensed, leased, owned, or operated by one or more Wireless Service Provider customers of Licensee ("Licensee's Customers") pursuant to license, lease, or sales agreements between Licensee and Licensee's Customers. Such Network Nodes shall be treated as Licensee's Network Nodes under this Agreement, and Licensee shall be responsible for performance of all of Licensee's obligations under this Agreement with respect to all Network Nodes Licensee deploys, constructs, installs, repairs,or maintains on a BTU Eligible Pole. 9.3.2. Notice to Third-Party Required. Licensee shall not deploy, construct, install,repair, or maintain a Network Node licensed to,owned by, leased to,or for the benefit of any third-party,including an Affiliate or Licensee's Customer(the "Third-Party Facility"), without providing the third-party notice of BTU's requirements under the Contractual Authorities pertaining to a Network Node on a BTU Eligible Pole (collectively, the "BTU Requirements"). Licensee may satisfy this notice requirement by providing each of Licensee's Customers with an electronic link to BTU's website where the BTU Requirements may be found. 9.3.3. Notice of Arrangement. If Licensee constructs or intends to construct a Third-Party Facility owned,leased,or licensed for use in whole or in part by one or more of Licensee's Customers, including without limitation a Wireless Service Provider, Licensee shall provide notice to BTU of such arrangement at the time it submits an Application for use of an Eligible Pole for installation of a Network Node. Licensee's notice of Third-Party Facility shall include: (a) the name, address, email address, and contact telephone number of Licensee's Customer; (b) the model number of and Page 14 of 26 VOL L..?3 I PgAli- the technical specifications for the Third-party Facility; and (c) a description of the nature of the interest Licensee's Customer holds or will hold in the Third-Party Facility (e.g., whether Licensee's Customer will own the Third-Party Facility or will lease or license the Third-Party Facility from Licensee). The information required by this Subsection may be provided as part of the Application. 10. TERM OF AGREEMENT 10.1. Initial Term and Renewal.This Agreement shall become effective on the Effective Date and shall have an initial term of five(5)years.Following the expiration of the initial term,the Agreement shall automatically renew for successive one-year terms until such time that the Agreement is terminated by either Party upon giving the other Party six(6) months' written notice of termination or pursuant to the other terms of this Agreement. 10.2. Survival of Obligations. The expiration or termination of Licensee's privileges under this Agreement shall not relieve Licensee of any obligation, whether indemnity or otherwise, which has accrued prior to such expiration or termination of this Agreement or removal of Licensee's Attachments, Communications Facilities,or Network Nodes. 11. DEFAULT;TERMINATION OF AGREEMENT 11.1. Default; Right to Terminate and Pursue Remedies. BTU shall have the right, pursuant to the procedure set out in this Section 11, to terminate this entire Agreement or any Permit issued pursuant to the Standards and to pursue any and all remedies provided in this Agreement,at law or in equity,whenever Licensee is in default of any term or condition of this Agreement or the Standards, including, but not limited to: 11.1.1.Construction,operation,maintenance,use,lease,or licensure of Licensee's Attachments,Communications Facilities,or Network Nodes in violation of law or in aid of any unlawful act or undertaking; 11.1.2.Construction,operation,maintenance,use, lease,or licensure of Licensee's Attachments, Communications Facilities, or Network Nodes after any authorization required of Licensee has lawfully been denied or revoked by final action of any governmental or private authority; 11.1.3.Construction,operation,maintenance,use,lease,or licensure of Licensee's Attachments, Communications Facilities, or Network Nodes without the insurance or Security Instrument coverage required under Sections 7 and 17; 11.1.4.Failure to pay in full an invoice for any charge, fee, penalty, or interest as provided in the Contractual Authorities;or 11.1.5.Failure to promptly and fully perform any other covenant, condition, provision,or agreement contained in the Contractual Authorities. 11.2. Notice of Default and Opportunity to Cure.BTU will notify Licensee in writing as soon as reasonably practicable of any condition of default under Section 11.1, Page 15 of 26 above.Licensee shall take immediate corrective action to cure such default within fifteen(15)calendar days,or such longer time period mutually agreed in writing by the Parties,not to exceed sixty(60)calendar days. 11.2.1.BTU may in its sole discretion agree to extend the time for cure upon a written showing of good cause on the part of Licensee. 11.2.2.Upon correcting the default,but no later than the expiration of the applicable cure period, Licensee shall confirm in writing to BTU that the cited condition of default has ceased or been corrected. 11.3. Failure to Cure.If Licensee fails to cure a default,BTU may immediately terminate this Agreement or any Permit and provide written notice of termination to Licensee. 11.3.1.In the event oftermination of this Agreement or any of Licensee's privileges or authorizations hereunder, Licensee shall remove its Attachments, Communications Facilities, or Network Nodes at Licensee's expense pursuant to the procedures set forth in the Standards. 11.3.2. If Licensee fails to remove its Attachments, Communications Facilities,or Network Nodes as provided in the Standards, the Attachments, Communications Facilities,or Network Nodes shall be deemed abandoned, and BTU may remove the Attachments, Communications Facilities, or Network Nodes at Licensee's expense. 11.3.2.1. Licensee shall reimburse BTU all costs or expenses incurred in removing Licensee's Attachments, Communications Facilities, or Network Nodes within ten (10) business days of demand. 11.3.2.2. If Licensee fails to pay BTU the cost of removal within ten (10) business days of demand from BTU, BTU may reimburse itself the expense by drawing from the Licensee's Security Instrument. 11.3.2.3. If the amount of the Security Instrument is insufficient to reimburse all the costs of removal BTU incurs, BTU may draw the full amount of the Security Instrument and may pursue any and all other remedies for default available under this Agreement,at law,or in equity. 12. RELOCATION AND REMOVAL OF ATTACHMENTS, COMMUNICATIONS FACILITIES,AND WIRELESS INSTALLATIONS 12.1. Relocation and Removal at Licensee's Expense. The Parties agree that BTU may require a Licensee to relocate or remove its Attachments, Communications Facilities,or Network Nodes when BTU determines it reasonably necessary for the safe,reliable,or economical operation of BTU Facilities. 12.1.1.Licensee shall remove and relocate Attachments, Communications Facilities,and Network Nodes at its own expense not later than one hundred twenty (120) calendar days after receiving written notice that removal, Page 16 of 26 V0 I. -c � pg. 0 relocation,or alteration of the Attachments, Communications Facilities, or Network Node(including poles)is necessary due to: 12.1.1.1. Construction,expansion,repair, relocation, or maintenance of a BTU project intended to improve service; 12.1.1.2. Maintenance, upgrade, expansion, replacement, or relocation of BTU Facilities; 12.1.1.3. Closure of any Public Right of Way; . I2.1.1.4. Sale of property owned by the City or other governmental entity having jurisdiction; 12.1.1.5. A street,public works,or other public improvement project requiring the construction, expansion, repair, relocation, or maintenance of BTU Facilities; 12.1.1.6. Projects and programs undertaken to protect or preserve the public health or safety; 12.1.1.7. Activities undertaken to eliminate a public nuisance;or 12.1.1.8. Duty otherwise arising from applicable law. 12.1.2.Licensee's duty to remove and relocate its Attachments, Communications Facilities, or Network Nodes at its expense under this Section is not contingent on the availability of an alternative location acceptable for relocation. 12.1.3.BTU will make reasonable efforts to provide an alternative location on an Eligible Pole for relocation upon Licensee's submission of an Application in the ordinary course.Licensee shall comply with the notice to remove its Attachments, Communications Facilities, or Network Nodes as instructed, regardless of the disposition of its Application. 12.2. Voluntary Removal or Relocation. Licensee may remove or relocate one or more Attachments; Communications Facilities, or Network Nodes installed pursuant to the provisions of this Agreement. 12.2.1.If Licensee intends to remove an Attachment, a Communications Facility, a Network Node,or associated equipment,Licensee shall submit,together with applicable fees,an Application and obtain a Permit in accordance with the requirements of this Agreement and the Standards not less than ten(10) days before the date Licensee intends to remove the Attachment, Communications Facility,Network Node,or associated equipment. 12.2.2.Licensee shall complete any removal or relocation within the times allowed in the applicable Permit. 12.2.3.Licensee shall not be entitled to a refund of any fees or charges paid to BTU under the terms of this Agreement for any Attachment, Communications Facility, Network Node, or associated equipment Licensee removes or relocates. Page 17 of 26 EE/®II Pg.-LV-L- ?- 3- 12.3. Application Required.An Attachment,Communications Facility,or Network Node for which relocation to an Eligible Pole is contemplated shall be treated as a new Attachment,Communications Facility,or Network Node for all purposes under this Agreement for Application,permitting,installation,and the assessment of Fees and Charges under this Agreement and the Standards. 12.4. Removal of Attachments, Communications Facilities and Network Nodes Upon Expiration or Termination. Upon expiration or termination of this Agreement, Licensee shall remove all Attachments, Communications Facilities, or Network Nodes installed on BTU's Eligible Poles. 12.5. Plan for Removal. Within thirty (30) calendar days following expiration or termination of this Agreement,Licensee shall provide the BTU with a written plan for removing its Attachments,Communications Facilities,or Network Nodes, and shall provide information regarding the sequence of removal,the timing ofremoval, and the contractors for removal, all in accordance with the requirements of the Standards. i 12.6. Completion of Removal Activities,• Termination of License Licensee shall complete its removal of all Attachments, Communications Facilities, or Network Nodes within one hundred twenty (120) calendar days after expiration or termination of this Agreement.Thereafter, Licensee shall have no access to BTU Eligible Poles for any purpose, including installation,operation,use,maintenance, or repair any Attachments,Communications Facilities,or Network Nodes. 12.7. Failure to Remove All Attachments Communications Facilities or Network Nodes.If Licensee fails to remove any Attachments,Communications Facilities,or Network Nodes within the time allowed for removal, BTU may remove the remaining Attachments, Communications Facilities, or Network Nodes at Licensee's sole cost and expense. If Licensee fails to pay the cost of removal within thirty(30)calendar days of receipt of demand from BTU,BTU may reimburse itself the expense by drawing from the Licensee's Security Instrument.Ifthe amount of the Security Instrument is insufficient to reimburse all the costs of removal BTU incurs,BTU may draw the full amount of the Security Instrument and may pursue any and all other remedies for default available under this Agreement,at law or in equity. 13. AMENDING AGREEMENT AND POLE ATTACHMENT STANDARDS 13.1. Amendments to Pole Attachment Standards. BTU reserves the right to amend the Standards in accordance with their terms.Any amendment to the Standards shall apply prospectively,except to the extent required by federal,state,or local law. 13.1.1.Acceptance of Amendment. At least forty-five (45)calendar days prior to the effective date of an amendment to the Standards, BTU will provide Licensee with notice of an impending amendment("Standards Amendment Notice").The Standards Amendment Notice will state the content and the effective date of the amendment and provide a means for Licensee to acknowledge and accept the amendment by a date certain. Licensee shall Page IS of 26 v®ie _3-o-� Pg-- 196 a return a writing accepting the amendment before the effective date of the amendment. 13.1.2.Failure to Respond or Rejection of Amendment. If Licensee fails to timely return a writing accepting the Standards amendment or rejects the amendment in writing, BTU will suspend any further processing of Licensee's Applications. Thereafter, BTU will send written notice to Licensee terminating this Agreement. The Parties shall meet in the offices of BTU at a date acceptable to BTU in its reasonable discretion to discuss the terms for the orderly removal or other disposition of Licensee's Attachments,Communications Facilities, or Network Nodes at Licensee's sole cost and expense. Licensee shall remove or otherwise dispose of its Network Nodes within one hundred twenty(120)calendar days after notice of termination. 13.2. Amendments to Agreement.The terms and conditions of this Agreement shall not be amended, changed, or altered except in writing signed by authorized representatives of both Parties or upon BTU's adoption of amendments to the Standards and Licensee's acceptance thereof in accordance with the terms of this Agreement. 14. DISPUTE RESOLUTION 14.1. Invocation of Procedure.Any disputes related to the day-to-day administration of the permitting process shall be governed by the dispute resolution provisions of the Standards. In the event a dispute arises between the Parties related to the legal interpretation of any provision of this Agreement,or any potential conflict between the provisions of this Agreement and the Standards,prior to the filing of any suit or administrative proceeding with respect to such a dispute, the Party believing itself aggrieved(the"Invoking Party")shall give written notice to the other Party. Such a notice will be without prejudice to the Invoking Party's right to any other remedy permitted by this Agreement. 14.2. Conferences. BTU and Licensee will use their best efforts to arrange personal meetings or telephone conferences as needed, at mutually convenient times in Bryan, Texas, between their negotiators at the following successive management levels,each of which will have a period of allotted time as specified below in which to attempt to resolve the dispute: BTU Licensee Time First BTUExecutive Brazos County, Texas 15 Level Director—EnerV Delive Chief In ormation Q cer days Second BTU General Manager Brazos County, Texas 15 Level County Jude da s Third City Attorney Brazos County, Texas 15 Level Legal Counsel days 14.3. Time for Negotiations.The allotted time for the first level negotiators will begin on the tenth (10th) business day following delivery of the Invoking Party's notice, unless otherwise agreed by the Parties. If resolution of the dispute is not achieved ,Page 19 of 26 V®9. pg. by the first level negotiators,then the allotted time for the second level negotiators will begin on the tenth (10th) business day following the end of first level negotiations,unless otherwise agreed by the Parties. If resolution of the dispute is not achieved by the second level negotiators, then the allotted time for the third level negotiators will begin on the tenth (10th) business day following the end of second level negotiations,unless otherwise agreed by the Parties. 14.4. Mediation.If a resolution of the dispute is not achieved by negotiators at the second management level,then the Parties shall participate in non-binding mediation at a time mutually agreed by the Parties. Mediation shall take place in Bryan, Texas. The allotted period for completion of the mediation shall be thirty(30)days from commencement of mediation,unless otherwise agreed by the Parties. The Parties agree to share the cost of mediation equally using a mutually agreed professional mediator from JAMS,or similar alternative dispute resolution organization. 14.5. Failure of NeLrotiations and Mediation.If resolution of the dispute is not achieved by mediation within the allotted time,then either Party may file an action to resolve the dispute with a state regulatory agency or a court of competent jurisdiction over the subject matter of the dispute. 15. NOTICES 15.1. Notice.Wherever this Agreement requires notice to be given by either Party to the Other, such notice shall be in writing and shall be effective when personally delivered to or when mailed by certified mail,return receipt requested,with postage prepaid and,except where specifically provided for elsewhere,properly addressed as follows: If to BTU,at: General Manager Bryan Texas Utilities P.O.Box 1000 Bryan,TX 77805 with a copy to: City Attorney City of Bryan,Texas P.O.Box 1000 Bryan,TX 77805 If to Licensee,at: Attention:County Judge Brazos County,Texas 200 South Texas Ave.Suite 332 Bryan,TX 77803 with a copy to: Page 20 of 26 voi. 3 pg. General Counsel Brazos County,Texas 200 South Texas Ave. Suite 332 Bryan,TX 77803 or to such other address as either Party, from time to time, may give the other Party in writing. 15.2 Emergency Contact. Licensee and BTU, respectively, shall maintain staffed 24- hour emergency telephone numbers, not available to the general public, at which either Party can report damage to Attachments, Communications Facilities, Network Nodes, or BTU Facilities or other situations requiring immediate communications between the Parties. The contact person for Licensee shall be qualified and able to respond to the BTU's concerns and'requests. Failure of Licensee to maintain an emergency contact shall eliminate BTU's liability to Licensee for any actions that BTU deems reasonably necessary given the specific circumstances of the emergency or other damage to Attachments,Communications Facilities,or Network Nodes requiring notice under this Section. 15.3 Network Operations Center. Lieensee.shall pr-eivide the fellewing-4entac4 ififeffflatien-,and maintain seeh infenn 6eft-etme"t All *ofnes, ---`etwer* fe- Opemtoons Center-that mee fm ll.Xy-A- iter-S Netwern------s subjeet4e this Agmet—t -+. Netwerik Ope"eas Genter for-FName of Weenseei • TelephOfle NUM130FE ['999 999 99%q • Email Address-. [E;maiq • NOG Opefater-i P�afne er-Tklej • Faeility Addfess.- 10tfeet Addw--%,�, Gedej L 16. RECEIVERSHIP,FORECLOSURE,OR ACT OF BANKRUPTCY t 16.1. Notice.Licensee shall notify BTU in writing not later than thirty(30)days after the filing or imposition of a receivership, reorganization, bankruptcy or other such action or proceeding by or against Licensee. 16.2. Option to Terminate.The privileges granted to Licensee hereunder,at the option of BTU, shall cease and terminate one hundred twenty (120) days after the appointment of a receiver or receivers,or trustee or trustees,or debtor-in-possession to take over and conduct the business of Licensee whether in a receivership, reorganization,bankruptcy or other action or proceeding unless such receivership, trusteeship, or bankruptcy shall have been vacated or dismissed prior to the expiration of said one hundred twenty(120)days,or unless: 16.2.1.To the extent permitted by law,within one hundred twenty(120)days after their election, appointment, or imposition such receivers, trustees, or debtor-in-possession shall have complied fully with all the terms and provisions of this Agreement granted pursuant hereto, and the receivers, Page 21 of 26 Vol. pq trustees,or debtor-in-possession within said one hundred twenty(120)days shall have remedied all defaults under the Agreement, if any;and 16.2.2.To the extent permitted by law,within said one hundred twenty(120)days, such receivers,trustees,or debtor-in-possession shall execute an agreement duly approved by BTU, whereby such receivers, trustees, or debtors-in- possession assume and agree to be bound by each and every term,provision and limitation of this Agreement. 16.3. Involuntary Sale. In the case of foreclosure or other judicial sale of the plant, property,or equipment of Licensee,or any part thereof,including or excluding this Agreement, BTU may provide notice of termination to Licensee, in which event the Agreement herein and all privileges of the Agreement granted hereunder shall cease and terminate thirty(30)days after service of such notice,unless: 16.3.1.BTU shall have approved the transfer of this Agreement, as and in the manner this Agreement provides;and 16.3.2.The successor shall have agreed with BTU to assume and be bound by all the terms and conditions of this Agreement. 47. [this section is intentionally omitted] 18. ENTIRE AGREEMENT;NON-WAIVER This Agreement and the incorporated Standards supersede all previous oral and written agreements between BTU and Licensee regarding the approval,placement,transfer,maintenance,and removal of Licensee's Attachments, Communications Facilities, or Network Nodes on BTU's Eligible Poles within the geographical service area covered by the Agreement. All provisions,terms, and conditions to this Agreement are expressed herein.Notwithstanding any contrary provision,term, or condition herein,this Agreement shall neither waive nor be interpreted to waive any claims of any nature, any amounts or credits owed, or any obligations or duties arising under a prior agreement between the Parties or the Parties' performance thereunder.Nor shall this Agreement act as a waiver of any claims for the prior use of BTU Utility Poles or Eligible Poles without valid authorization. 19. SEVERABILITY The invalidity of one or more clauses, sentences, sections,or articles of this Agreement shall not affect the validity of the remaining portions of the Agreement,provided that the material purposes of this Agreement can be determined and effected. 20. GOVERNING LAW;JURISDICTION AND VENUE THE PROVISIONS OF THE AGREEMENT SHALL BE CONSTRUED UNDER, AND IN ACCORDANCE WITH,THE LAWS OF THE STATE OF TEXAS,AND ALL OBLIGATIONS OF THE PARTIES CREATED HEREUNDER SHALL BE PERFORMED IN BRAZOS COUNTY, TEXAS. IN THE EVENT ANY COURT ACTION IS BROUGHT DIRECTLY OR INDIRECTLY BY REASON OF THIS AGREEMENT,THE COURTS OF BRAZOS COUNTY SHALL HAVE JURISDICTION OVER THE DISPUTE,AND VENUE SHALL BE IN SUCH COUNTY. Page 22 of 26 ®lo a.9 21. INCORPORATION OF RECITALS, APPENDICES, AND POLE ATTACHMENT STANDARDS The recitals stated above,all appendices to the Contractual Authorities,and the Standards,as they may be amended from time to time,are incorporated into and constitute part of this Agreement. 22. MISCELLANEOUS PROVISIONS 22.1. Preexisting Attachments Communications Facilities or Network Nodes.Licensee shall not be required to obtain a new Permit for authorized Attachments, Communications Facilities, or Network Nodes in place prior to the effective date of this Agreement, provided that Licensee obtained all required approvals, including any permits,prior to the installation of such facilities. 22.2. Compliance with Contractual Authorities.All Attachments made,Communications Facilities installed,or Network Nodes installed on or after the effective date of this Agreement are and shall be authorized by the procedures, requirements, and limitations of this Agreement, subject to Licensee's compliance with all the terms and conditions of the Standards. Licensee's failure to maintain all Attachments, Communications Facilities,and Network Nodes in accordance with the Standards shall be considered a default, and Unauthorized Attachments or Unauthorized Network Nodes shall be subject to removal at Licensee's expense. 22.3. Contractors and Agents Bound. Licensee agrees to include in all its contracts and agreements with independent contractors or agents provisions that are consistent with and will fulfill the requirements of this Agreement. 22.4. No Third-Party Beneficiaries. The terms and provisions of'this Agreement are intended to be for the benefit of BTU and Licensee. Except as otherwise provided herein, nothing in this Agreement, express or implied, is intended to confer upon any other person or entity, other than the Parties, any benefits,rights or remedies under or by reason of this Agreement. 22.5. Reciprocity f Terns and Conditions. Unless otherwise agreed in writing, to the extent that Licensee owns poles on which BTU has attached or desires to attach either a Communications Facility or BTU Facilities,BTU shall be entitled to make such Attachments on rates,terms,and conditions equivalent to the rates,terms,and conditions extended to Licensee pursuant to the Contractual Authorities. 22.6. Change of Law. If any final and non-appealable regulatory, judicial, or other governmental decision,order,determination,or action,or any change in applicable law, affects any provision of this Agreement, the rights or obligations of a Party hereunder,or the ability of a Party to perform any provision of this Agreement,the Parties shall promptly renegotiate in good faith and amend in writing this Agreement in order to make such mutually acceptable revisions to this Agreement as may be required in order to conform the Agreement to applicable law. 23. FAILURE TO ENFORCE;NONWAIVER Failure of BTU or Licensee to take action to enforce compliance with any of the terms or conditions of Contractual Authorities or to give notice or declare this Agreement or any authorization granted hereunder .in default or terminated shall not constitute a waiver or Pa a 23 of 2 _ VOL 70 Pg. )CIO relinquishment of any term or condition of this.Agreement,but the same shall be and remain at all times in full force and effect until terminated in accordance with this Agreement. 24. INTEREST ON PAST-DUE AMOUNTS In the event Licensee fails to pay an amount due within the period of time set forth for payment, interest shall accrue on the unpaid balance at the rate of one and 50/100ths percent(1.50%) per month (or such lesser rate as may be required by law)for each month starting from the date the payment is due until such time as payment is received. 25. ATTORNEY'S FEES If BTU or Licensee brings any action at law or in equity to enforce any provision of this Agreement, including the incorporated Standards, the prevailing party will be entitled to recover its reasonable costs and attorney's fees in addition to any other relief to which it may be entitled. IN WITNESS WHEREOF,the parties hereto have executed this Standard Pole Attachment and Wireless Installation Agreement in duplicate on the day and year first written above. BRYAN TEXAS UTILITIES BRAZOS COUNTY,TEXAS BY: 6ARq,Mh1hR DUANE PETERS TITLE: GENERAL MANAGER TITLE:COUNTY JUDGE DATE: ����� DATE: Form Approved by Board Resolution No. BTU-P-240 APPROVED AS TO FORM: �i jA449 HAAM*+ Thomas A. Leeper TITLE: Interim City Attorney Page 24 of 26 Vol, pge_ Appendix A: Minimum Insurance Requirements 1.01 Licensee shall purchase and maintain in full force and effect, at its own expense, the following minimum insurance coverages and limits: 1.02 Statutory Worker's Compensation and Employer's Liability Insurance with minimum limits of not less than indicated below. The policy must be in the name of the Licensee or contain an endorsement naming BTU and the City as the Alternate Employer. Required Limits—Statutory limits,with Employer's Liability Coverage as follows: Bodily Injury by Accident $I,000,000.00 Bodily Injury by Disease Each Employee $1,000,000.00 Bodily Injury by Disease Policy Limit $1,000,000.00 1.03 Commercial General Liability Insurance, on an ISO CGL form 00 01 or equivalent, including the coverages identified below,with minimum limits indicated below. Each Occurrence $1,000,000.00 General Aggregate $2,000,000.00 The Commercial General Liability Policy will include the following coverages where applicable: I. Bodily injury&Property damage on an"Occurrence"basis 2. Premises&Operations 3. Independent Licensees 4. Products/Completed Operations S. Personal Injury Liability 6. Contractual Liability 7. Explosion,Collapse,and Underground(XCU) 1.04 Business Automobile Insurance for all owned, non-owned,and hired vehicles. Combined Single Limit BI&PD $1,000,000.00 1.05 Excess Liability Coverage, following form, over Employer's Liability, Commercial Liability,Commercial Automobile Liability Policies,with the limits shown below. Excess Liability Coverage $4,000,000.00 Licensee may use any combination of primary and excess to meet required total limits. 1.06 Each of Licensee's required liability insurance policies shall be primary to and non- contributing with, any other insurance carried by, or for the benefit of BTU or the City. Insurance may be provided under a single limit policy, or two or more policies with combined limits for the required amount of coverage. 1.07 Licensee's workers' compensation, employers' liability, commercial automobile liability, commercial general liability, and excess liability insurance policies shall waive all rights of subrogation in favor of BTU and the City, and their respective elected officials, employees,officers,directors,and agents. A-1 1.08 BTU, the City, and their respective elected officials, officers, board members, council members,representatives, employees,and agents shall be included as additional insureds without limitation on all required policies(except workers' compensation), in accordance with standard ISO endorsement forms. Further,Licensee represents and warrants that: _ (a) Licensee shall provide thirty(30) days' written notice of cancellation to BTU of any required coverage that is not replaced. (b) Upon request by BTU, Licensee shall provide true copies of policy endorsements as required in this Appendix from issuing insurance company(s). 1.09 All Licensee's required insurance shall be issued by insurance carriers licensed to do business in Texas at the time the policy is issued and rated by A.M.Best Company as A- VII or better,confirmed by one or more insurance certificates listing BTU's and the City's names and addresses as a Certificate Holder, and list the name of Project as described in this Agreement and the name and phone number of the broker who prepared the certificate. Certificates of insurance shall be prepared on an Acord form 25-S. 1.10 With respect to any required coverage maintained on a "claims-made" policy form, Licensee shall maintain such coverage for two (2) years following termination of this Agreement; provided that, if a "claims-made" policy is maintained, the retroactive date must precede the effective date of this Agreement. 1.11 Licensee shall not commence the installation of Attachments under this Agreement until Licensee has obtained all required insurance and until such insurance has been received and approved by BTU. BTU's approval of Licensee's insurance shall not relieve or decrease the liability of Licensee hereunder. 1.12 If Licensee fails to obtain or renew the above required insurance and furnish to BTU acceptable evidence thereof,BTU.shall have the right,but not the obligation,to:(1)procure such insurance and pay the reasonable cost thereof at the expense of Licensee, which Licensee shall reimburse within thirty(30)calendar days of demand;or(2)deem as breach of this Agreement the Licensee's failure to do so. 1.13 Nothing herein shall reduce or alter any obligation Licensee has to indemnify, defend or hold harmless the Indemnified Parties identified in the Agreement. 1.14 In the event Licensee enters into a subcontract withan Independent contractor to perform work contemplated under this Agreement or the Standards, the Licensee will require the Independent contractor to procure at a minimum all insurance specified to be carried by the Licensee,in the like form specified herein. 1.15 Licensee and, as applicable, its Independent contractors shall bear all risks and be responsible for any uninsured loss due to policy deductibles, self-insured retentions, exclusions, limitation inadequacy and/or absence of coverage, whether such policies are purchased by Licensee,Independent contractor,and/or BTU. A-2 vol. 1 PCS. 19 3-, Brazos County Juvenile Justice Center Detention Services Agreement October 1,2021—September 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 COUN'T'Y JUVENILE JUSTICE CENTER Detention Services October 1,2021-September 30,2022 This contract and agreement for secure short-term detention of juvenile offenders is entered into by and between jasper 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. ARTICLE I PURPOSE 1.01 Whereas jasper 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. ARTICLE Il TERM 2.01 The term of this Agreement is for 12 months commencing October 1,2021- September 30,2022. It shall be automatically renewed for one(1)year terms thereafter,commencing October 1st and ending September 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. ARTICLE III PROVISIONS OF SERVICES 3.01 A. 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. B. 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 1 Vol. �J _ � ��� a Brazos County Juvenile Justice Center Detention Services Agreement 1,2021—September30.2022 to secure the Outside Treatment at the expense of juvenile Probation and agrees to ind cemnify 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. C. 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(CINS)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 Jasper 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 readmission. D. 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, E. 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. 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. The child shall immediately be removed from the Facility but in no eventlonger 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. 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 Sheriffs Department, F. 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, G. 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 thwaiver is received by the Facility. A copy of the order issued pursuant to the waiver shall be furnished to the Facility. The e 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. Vola pg. Brazos County Juvenile Justice Center Detention Services Agreement October 1,2021-September 30,2022 H. 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)paragraph E of this Article, (b) an Order of Release signed by the-judge of the juvenile Court of Jasper County. I. Service Provider shall be in compliance with all standards and requirements of the Texas Juvenile Justice Department and all applicable State and Federal law. J. Service Provider shall provide twenty (24) hour supervision for each child, including the supervision by detention staff during sleeping hours in a Secure Facility. K 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. L.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. M. 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 jasper County shall control the conditions and terms of detention supervision as to a particular child pursuant to the Texas Family Code,Section 51.12. ARTICLE IV COMPENSATION 4.01 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. 4.02 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. 4.03 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. 4.04 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. 4.05 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): A. If Service Provider has an outside audit completed on a yearly basis which specifies 3 FVol. Pio Brazos County Juvenile Justice Center Detention Services Agreement October 1,2021—September30,2022 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 yam. B. 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 farms and documentation.The accounting shall be provided to Juvenile Probation thirty(30)days prior to the renewal date of the contract 4.06 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. 4.07 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer.Service Provider will not contact other department employees regarding any claims of payment 4.08 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 4.04 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. ARTICLE V ADDITIONAL TERMS&AGREEMENTS 5.01 Prior to transporting a child to the Fatality 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 jasper County. ARTICLE VI 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. 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. 4 �/oi. Pg. 19-1 Brazos County Juvenfle Justice Center Detention Services Agreement October 1,20214eptember 30,2022 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 concerting 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. ARTICLE VII CONFIDENTIALITY OF RECORDS 7.01 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. ARTICLE VIII 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 ut the following manner. A. 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: 1. Local Iaw enforcement agency;and 2. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1- 512-42446716(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 3. 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(409)381-8957 and Service Provider shall contact juvenile Probation by telephone at(409)384-9063 within 24 hours. B. For allegations and incidents of sexual abuse or serious physical abuse: 1. Local Iaw 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; 2 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 calling toll-free 2-877-786-7263. Within 24 hours 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@tjjd.texas.zov and 5 VOL Pg.1,J& Brazos County Juvenile Justlee Center Detention Services Agreement October 1,2021—September 30,2022 3. With respect to children placed by Juvenile Probation,the TED Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number(409)381-8957. 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: A. 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. B. A serious incident is attempted escape,attempted suicide,escape,reportable injury,youth-on-youth physical assault or youth sexual conduct. C. Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non-contact. D:•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. E. 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 govemmental.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. F. 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. ARTICLE IX 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: A. Texas criminal history fingerprint-based criminal history background search through the Texas Department of Public Safety. 6 1 � Brazos County Juvenile Justice Center Detention Services Agreement October 1,2021—September 30,2022 B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on the Texas Department of Public Safety website. C. Federal Bureau of Investigation fingerprint-based criminal history background search at the National Crime Information Center,internee 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: A. A felony conviction against the laws of this state,another state,or the United States within the past ten(10) years; B. A deferred adjudication for a felony against the laws of this state,another state,or the United States within the past ten(10)years; C. A current felony deferred adjudication,probation or parole; D. A jailable misdemeanor conviction against the laws of this state,another state,or the United States within the past five(5)years; E. 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; F. A currentjailable misdemeanor deferred adjudication,probation or parole;or G. 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. ARTICLE X DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to 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: A. Any and all corrective action required by any of Service Provider's licensing authorities; 7 V®I. pg, o��� Brazos County Juvenile Justice Center Detention Services Agreement October 1,2021—September 30,2022 B. 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, C. Any arrest of any employee,intern,volunteer,subcontractor, agent and/or consultant of Service Provider that has direct contact with children; D. 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; E. 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 F. 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. ARTICLE XI EQUAL OPPORTUNITY 11.01• Service Provider agrees to respect and protect the civil and legal rights of all children and their parents.It will not unlawfully discriminate against 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. ARTICLE XII ASSIGNMENT&SUBCONTRACT 12.01 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. ARTICLE XIII OFFICIALS NOT TO BENEFTr 13.01 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. 8 VOL �J�G Pg. ` 0 � Brazos County Juvenile Justice Center Detention Services Agreement October 1,2021--September 30,2022 ARTICLE XIV DEFAULT 14.01 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: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof;or B. If Service Provider fails to perform any of the other material provisions of this Agreement,including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms and 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. ARTICLE XV TERMINATION 15.01 This Agreement may be terminated for any reason A. By either party upon ten(10)days written notice to the other party of the intention to terminate;or B. Upon expenditure of available funds. 15.02 If at any time during the term of this agreement 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. ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation.Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVII REPRESENTATIONS&WARRANTIES 17.01 Service Provider hereby represents and warrants the following- A. ollowingA. That it has all necessary right,title,license and authority to enter into this Agreement; A. That it is qualified to do business in the State of Texas; that it hold all necessary license's 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, B. 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 famish updated certificates of insurance to Juvenile Probation. 9 VOL 3 pgaq��°� Brazos County Juvenile Justice Center Detention Services Agreement October 1,2021--September 30,2022 C. 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 justice Department website: Notice to Public Regarding Abuse,Neglect and Exploitation and Notice to Employees Regarding Abuse,Neglect and Exploitation. ARTICLE XVIII TEXAS LAW TO APPLY 18.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County,Texas. ARTICLE M VENUE 19.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County,Texas. ARTICLE XX LEGAL CONSTRUCTION 20.01 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. ARTICLE XXI PRIOR AGREEMENTS SUPERSEDED 21.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. 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 Jasper County having juvenile jurisdiction ARTICLE XXII PRISON RAPE ELUVIINATION ACT 22.01 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-toIerance 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§I15.312(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§I15.387(e)and(f)] is Vol. 33 fig. go� Brame County Juvenile Justice Center Detention Services Agreement October 1,2021—September30,2022 Jasper County Brazos County Juvenile Justice Center Probation Department Edeska Barnes Linda Ricketson Executive Director Executive Director Jasper County : Craig. ., . . .._._ J Wile Boaz utho cial BRAZOS COUNTY COMMISSIONERS COURT ON AkqLk� Q 20 a% ,FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. By: :1 Duane Peters,County Judge 200 S.Texas Ave.,Ste.332 Bryan,TX 77803 Phone:979-361-4102 Fax:979-361-4503 11 -3 Y®iv Pp.may�o tl 5 DFPS N502 FORM-4734 4� y, TEnS ANNUAL FFATA CERTIFICATION v � DECEMBER 2019 v v DepaThnent of Fdndly and Protective Services The Federal Funding Accountability and Transparency Act(FFATA)annual certification enumerated below represent material facts upon which DFPS relies when reporting information to the federal government required under federal law.If the Department later determines that the subrecipient knowingly rendered an erroneous certification,DFPS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DFPS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances.ff the signatory cannot certify all of the statements contained in this section, signatory must provide written notice to DFPS detailing which of the below statements it cannot certify .and why. Enter your organization's Dun&Bradstreet(D&B)DUNS Number Enter the parent DUNS Number,if applicable:< bar,£" `� Did your organization have gross income,from all sources,of less than$300,000 in your previous tax year? Yes No N/A F� (if entity does not generate income) If your answer is Yes,skip Parts A,B,C,and D and complete Part E. If your answer is No or N/A,complete Parts A and B. PART A.Certification Regarding%of Annual Gross from Federal Awards Did your organization receive 80%or more of its annual gross income from federal awards in the previous tax year? Yes No PART B. Certification Regarding Amount of Annual Gross from Federal Awards Did your organization receive$25 million or more in annual gross income from federal awards in the previous tax year? Yes F-1 No If your answer is Yes to both A and B,you must complete Part C. If your answer is No to either A or B,skip Parts C and D,and complete Part E. PART C.Certification Regarding Public Access to Compensation Information Does the public have access to information about the compensation 117 CFR 229.402(c)(2)] of the senior executives (e.g., officers, managing partners, or any other employees in management positions) in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986? Yes No N/A Z(if entity reports through some other means,state how:) t -w"" ' t-c.,:, z a iE 4,�,^,.•_.,� �.:,j+ -yep: If your answer is Yes,skip Part D and complete Part E. If your answer is No, you must provide compensation information to DFPS for FFATA reporting in Part D. If N/A,you may still be required to supply compensation information pending DFPS or federal awarding agency approval.Skip Part D until requested by DFPS to supply compensation information and proceed to complete Part E. LYD yJ TEXAS ANNUAL FFATA CERTIFICATION N502 v��v Depamuent of FamIIy FORM and Protective Services DECEMBER 2019 PART D.Certification Regarding Executive Compensation The Names and Total Compensation of the top five(5)executives if: • More than 80%of annual gross revenues from the Federal government, • Those revenues are greater than$25M annually,and • Compensation information is not already available through reporting to the SEC. Subrecipient Executive Names Total Compensation RM�. WWII r A � �G+, 4T!4l A«�' €rrx" :'.` ?':ir'"97.: # rz•"ux* P �y;f a f �� ><F.R�a'Ys'1 ? #Sze 5 7x *4. " . .y.•''� ii.. 4✓= Y +'�.sYz rr�e- .is,k'•P .t ls•�aY' Vis:.✓ .kt 1"-�: -..i+-'txa- t Sf .. - k.-v P -..0 �� prn *6 ....�� <';3' �3`.ms'"••'M' ♦�F.,,.1, _' µ.^.,.f -3i. �a vk.•",, ..xw 4'-. ,:S-, -,.-t-6:.: .-�7-�.� _ze.�r. ;a€,?t:.�k b.:v....cz.�,y `3, '?;:.{.�, z:tb r,�.�l z:.;la �-� ,.�, r.fiE.;=; .�:• :�, � ^rn,..r7, .,c. ,�s� �}s.,�3`�,.,s.,?,.�.cs".}ic,x,, ..�,,. ��..srS�. PART E.General FFATA Certification As the duly authorized representative(Signatory)of the subrecipient named below, I hereby certify that the responses that I have provided to the questions in this certification form are true,complete and correct to the best of my knowledge. Printed Name of Authorized Representative Signature of Authorized Representative MiN iW County Judge �t>s rz �elf s 1 / s a C t - a x �x� ✓- r�i ung; a { .. "�` � ra � •�/ � � :� Title of Authorized Representative Date -8° tt#h,3rya s � y.�',� n B(aZOSCOU ty�� u lt r4{ �zzr , ? y4r� i x x ITt a.. ' S } ''�.. sara247279934 t '2 t Sx.: c r x a ri.,czrF " .�:. :' Legal Name of Subrecipient Agency Account ID Number Bryn Brazos County i c? �: o� 3a TXT 77803-5361 �• x a to Fwntac. x a� ,iz ani its' riatt �{ a .-a., .1.:<xrs._�... .. .,,�.. _ s.:Vis, .�.�f �s :.r r � . .t,n._: .5,.1"3, t s',.. .a 3•x Principal Place of Performance(POP)fans co.,.ryi State 9-Character Zip Code fnawi POP Congressional District vol. Pg. ��nFrsyJ TEXAS ANNUAL V,Deputrt.n of Family ANNUAL FFATA CERTIFICATION FORM-4734 anilProtectiveServices DECEMBER2019 THIS SEL7ION FOR ®FPS USE ONLY CONTRACT • • • Name Oiialia Division Plurchase fClent a es{CPS) f5t s tw RegionRegton Phone r. Email oralia balleza@dfps texas goy - >` Date form received , CONTRACT •• • Contract Number Hf1 X00285000`041 p� § � kE „ Fiscal Year MM Federal Funding Agency ,US Departmenf of Health'anc�llumanServ!'cesw „F; . CFDA#(s) 33 Award No./FAIN Contract Start Date �totll� 20�^_,� •�,• , Contract End Date FY Contract Amount SCOR Subject Genrel;G'ood�Of$eNit , xe =F +'h,z SCOR Purpose rDPS T�l(e IV E{Child We7f ra eiFinarlc�aQ Funde �Ser�ices 3 of 3 Vol. -33 p • 'a )� .� Texas Dept.of Family Budget for Title lV-E Form 2030 CWIVE and Protective Services County Child Welfare Services Contract Last Updated November 2020 `CWIVES 111 M"'M--ary.. Please select your and Budget Effective Date from.drop down boxes6616 County: BRA'ZOS:&6U'NfY',':.:-! Contract Number: HHS000286000041 Budget Effective Data:;10%1/2021.-913012022'..;1 Pa N. i � -Total Estimated Total CIOated q, L3O Reimburi6hbn `#itle IV-E Match 4 2 � r t A.1. Direct Personnel Salaries $0.00 $0.00 $0.00 A.2. Direct Personnel Fringe Benefits $0.00 $0.00 $0.00 A.3. Direct Personnel Travel $0.00 $0.00 $0.00 A.4. Direct Materials and Supplies $0.00 $0.00 $0.00 A.6. Direct Equipment $0.00 $0.00 $0.00 A.6. Direct Other Costs $200.00 $13.50 $186.50 Total Administration: $200.00 $13.50 $186.50 .14 B.1. Tide IV-E Training(75%) $4,500.00 $455.52 $4,044.48 8.2. Title IV-E Fostering Connections Training(75%) $0.00 $0.00 $0.00 B.3. Non-Title IV-E Training(50%) $0.00 $0.00 $0.00 Total Training: $4,600.00 $455.62 $4,044.48 Ci SupplemeofalFosterCareMairiterian'c'e($FCM) ;, _,:_, , Total SFCM: $23,100.00 $3,117.81 $19,982.19 Total Indirect Costs: $0.00 $0.00 $0.00 Grand Total: $27,800.00 $3,586.83 $24,213.17 *Estimated Federal Reimbursement for expenses - based on Eligible Population Rate(EPR)during 2nd quarter of the preceding fiscal year. Actual reimbursement will be based on EPR in effect for the 13.50% county during the month in which expenses were incurred. Estimated Federal Reimbursement for Supplemental Foster Care Maintenance expenses based on Federal Medicaid Assistance Percentage(FMAP)rate in effect 0.00% during preceding fiscal year. Actual reimbursement will be based on FMAP rate in effect at the time reimbursement is made to contractor. Indirect Cost Rate,if applicable(attach a copy of the approved Certificate of Indirect Costs): Contra tification k Signature- Date D a Judge'nLi-Pdtd'r.si!'Co!l"n'ty Printed Name&Title Vol-- Texas Dept.of Family Budget for Title ME Form 2030 CWIVE and Protective Services last Updated November 2020 County Child Welfare Services Contract Admimstrattoi ` Al6Direct Other Cosfs �1 County: BRAZOS COUNTY Contract Number: HHS000286000041 y Budget Effective Date: 10/1/2021-9/30/2022 ,01 ""... 4 ''L•1Fn«S z 'F1 ti ,a'¢� Sli-t.'..`et�y xzL11'x` _� Other Costs F,} t n Estimated' rr :(dese�iption)4 Total Expense* BlrtKCertifcates_ _ ;..,_. = $200.00 a P f i< r Total Other Costs: $200.00 Texas Dept of Family Budget for Title IV-E Form 2030 CWIVE and Protective Services Last Updated November 2020 County Child Welfare Services Contract In T aining 9Alndd ra ..Qt RlOM ;, § County., BRAZOS COUNTY Contract Number: HHS000286000041 Budget Effective Date. 10/11/20211-9/3012022 jransportattom ,,— ea IMP Number of. a 7 Training pnjoum� ?;(amoun Ila b a o�� Subtotal Employees Estimated a,• 'i%llocdbl&16-�- allocatil i allopble to & F v-� Total da t" IV- -J" V An Tfl- 7;A a F Z, t CnmesAgainst'Chlltlren;= $500.00 65000"t. `$250.00 :",.$350.00 $1,750.00 2 $3,500.00 $1,000.00 $40,00 $40.00 251 'Y $0.00 $0.00 ......... 0.00 $ $0.00 7 $0.00 $0.00 $0.00 $0.00 S. $c).00 $0.00 -0 $0.00 $0.00 $0.00 $0.00 7 6, $ $0.00 0.00 �n $0.00 $0.00 $0.00 $0.00 z. $0.00 $0.00 $0.00 $0.00 Total Training- $4,600.00 estimated amount allocable to Title ME NOTE: Form 9321 Training Expense Documentation Form must be submitted to DFPS for review/approval by Federal Funds prior to training. >,� 1� J✓ I C) Pg Texas Dept.of Family Budget for Title IV-E Form 2030 CWIVE and Protective Services Last Updated November 2020 County Child Welfare Services Contract - Supplemental Foster Gare Ma ntenance�(SFCM.,, v:,.= 1 County: BRAZOS COUNTY Contract Number: HHS000286000041 Budget Effective Date: 10/1/2021-9/3012022 ^ ^Supplemental FC Maintenance °� 'Estimate -�: Y;, .w. (desenption) f Total Expense*� ,..a...f,- ..5 :,..... .._-....... Clothing " ''` $20 OOQ 't Daycare Gifts ;.$500.00; Graduation Expenses $250- 0' Personal Items $1OOQ00 School Supplies Reasonable Child Specific Travel Total SFCM Costs: $23,100.00 Volo .339 pg. all— Texas Dept.of Family Budget for Title IV-E Form 2030 CWIVE and Protective Services Last Updated November 2020 County Child Welfare Services Contract grr true M 8W , "' 0 County. BRAZOS COUNTY Contract Number: HHS000285000041 Budget Effective Date: 10/1/2021-913012022 characters,you will have to either manually insert a return at the end of each line(Alt-Enter)or go to the next row/call below to type the remaining text. Clearly describe each expense to be incurred and billed to this contract. Refer to Title ME Finance Handbook for detailed information regarding allowable expenses,documentation requirements,etc. hftr):/Ivvww.dfips.state.bc.us/handbooks/Title IVE County/default.asp A. Administration A.I. Direct Personnel Salaries . ........... A.2. Direct Personnel Fringe Benefits A.3. Direct Personnel Travel ........... A.4. Direct Materials and Supplies N. E A.6, Direct Equipment ........... to F Pg.- Texas Dept.of Famlly Budget for Title IV-E Form 2030 CWIVE and Protective Services County Child Welfare Services Contract Last Updated November 2020 A.6. Direct Other Costs - ~ pNth B. Training B.I. Title IV-E Training(75%) Conferences for QFF'S staff to`attenii' � � <� x 4 �y ' '� f t} #• >r k34 a r >' 6.2 Title IV-E Fostering Connections Training(75%) :' ; - ✓ S'.. ..{'.)I kyr \ � : S L -, 4} _. ) tS k'. ly_ It. [ :..k T � 4 f y T 3 a B.3 Non Title IV E Training(50%) r a e t ,,...�...._. :<._. �...�.......u.._.:X L..... k�.fi...:<_,�,. <.........__...az .____.G.S.i-. <,..� ..�.'.��:._.__........,.,. C Supplemental Foster Care Maintenance(SFCM) Allowable expenses directly,relatedtto theelV E eligible children to include clothing personal Items(school items .py caremrtravel for chiltlren '> v x D. Indirect Costs(if applicable) a A Vol P9 -«,...:_...... -:.:..,z .a'+.P..y.....5...; ..7`;4..�:. ....ma...:._... .,. ..,>... ..,,.`k,...QP ... ..._<,_. ..... .. ....:3..._ .. ....A-ter.... �3......__. _. ...o......:.'� ... 3 O � '• ftiP N1} OFI BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2021 Saddle Creek Ph 3 Lots 128R-A&128R-B Blk 6 DATE OF COURT MEETING: 8/17/2021 ITEM: Approval of the Minor Plat of Saddle Creek Subdivision Phase 3,Lots 128R-A&128R-B, Block 6,being a Replat of Saddle Creek Subdivision Phase 3 Lot 128R,Block 6;Volume 11730,Page 159,Brazos County Official Records;James C.Stuteville League,A-216;City of College Station ETJ,Brazos County,Texas. Site Is located in Precinct 1. TO: Commissioners Court FROM: Karen Tyler DATE: 08/09/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 NOTES/EXCEPTIONS: Owner/Developer: Jake Moran Engineer/Surveyor. ATM Surveying(Adam Wallace) ATTACHMENTS: File Name Description Tmoe Plat-App- Saddle Crk Ph 3 Bik 6 Lots 128R- Application for Development Backup Material A and 128R-B.pdf Minor Plat Ph 3_Blk 6 Lots 128R- Plat Backup Material A and_128R-B_Jury 2021.pdf APPRO '7/2r uane Peters Date County Judge vola pg. 2- 14 Brazos County Road&Bridge Office e op, 2617 SH 21 West ; Bryan,TX 77803 Telephone: (979)822-2127 Fax. (979 775-0456 Email:Plats0lbrazoscountytx.Qov ,Yry eF egr PLAT APPLICATION SUBJECT PROPERTY INFORMATION ] APPLICATION DATE•:06/0312021RESUBMITTAL: YES ✓ NO PROJECT/SUBDIVISION NAME:Minor Plat of Lots 128 and 129 Block 6 Saddle Creek Subdivision Phase 3 PROJECT ADDRESS OR LOCATION:5209 Vintage Oaks Court,College Station,Brazos County TX 77845 LEGAL DESCRIPTION:Lot 128R,Block 6,Saddle Creek Subdivision Phase 3 IF RESUBMITTAL,PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS:2 TOTAL ACREAGE 2.554 ff RISDICTION: CITY LIMITS Z ETJ OUTSIDE ALL CITY LIMITS AND ETJs ' Notification of Application completeness will be given within 10 days of Application date. All Incomplete Applications will be rejected. This Application shall expire five(5)years from the Application date of the project TYPE OF APPLICATION MASTER PLAN SIMPLIFIED PLAT PRELIMINARY PLAN FINAL PLAT V AMENDING PLAT REPEAT APPLICATION PUR F71MANUFACTURED RESIDENTIAL D RENTAL COMMUNITYE COMMERCIAL OTHER(Please explain): FLOODPLAIN IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? YES 6-11 NO Acknowledgment: The flood hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to proposed Developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes.Issuance of a Floodplain Permit in accordance with the Brazos County Flood Damage Prevention Ordinance does not imply that Development outside the areas of special flood hazard will be free from flooding or flood damage.Issuance of a permit shall not create liability on the part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage does occur. TxDOT • WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? YE (]NO DIGITAON COUNTY ENGINEER YADOBE(.pdf file) AutoCAD(.dwg file) (Email To:plats@brazoscountytx.gov) 911 ADDRESSING ADOBE(.pdf file) W1 AutoCAD(.dwg file) (Email To:nis0-)brazoscountvtx.00vl CONTACT INFORMATION c Vol. Jt Pg.���. ,t»s '97-<�a a .,� t i t YCLi'.la r tL <'u i 2 t �r t- t„a5.•t�,3 F w APPLICANTINFORMIkTIONa f d rah r x. k > Tiw FIRM NAME:ATM SURVEYING CONTACT:Adam Wallace ADDRESS:1403 LEMON TREE CITY:COLLEGE STATION STATE:TEXAS ZIP:77840 PHONE:979-209-9291 FAX-- EMAIL: AX:EMAIL:Adam@ATMsurveying.com SS 4 k}:, k '.'sfi...y, F L LM^$�C '� 1 - 1 Y- 5 J Y jY ? rf f". $ T S-4 !. P• Sa. IROPERTY OWNERfF�ORMATION i �r. vis a.> s fit' ?u _ ..atrs t inm�:' FIRM NAME: CONTACT:Jake B.Moran ADDRESS:5209 Vintage Oaks Court CITY:College Station STATE:TX ZIP:77845 PHONE:979-799-6686 FAX: EMAIL:jake@agtmaintenance.com ,te • tt ENGINEER I[ FORM4ITION rl LA•S94(tir.e a,....1i�__„ J.'.4._*7'4.§d'T.k1„K::<M....�.+..n'1_. ...w..�� ...xn4�f.L..1... ..... ..s... .....:. . ...:". Y.a..:r n3 x..^...3.1`....7] .....3.�..... .. s`L'�'., s FIRM NAME: CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL: ��,!.,. z_. --,._-. L..:;h...+.<. _.6,»i,..... ..,:_..tom. o... .... ...:...... .h.:.6tfi's.. ... a..h......:.�t.'�`..o,•i.`�.�....;..:.,,> �,.:.._..�r.._.. :� '°� .sf.,�,.r.�.?' FIRM NAME ATM SURVEYING CONTACT:Adam Wallace ADDRESS:1403 LEMON TREE CITY:COLLEGE STATION STATE:TEXAS ZIP:77840 PHONE:979-209-9291 FAX: EMAIL:Adam@ATMsurveying.com tt^;v ?, .t�...0 �: t4 K t 7's` ,� 3 �..:i .�t;'�� c ,�i r {... �` .Y-x=� •�a Y- pTHER INFzORMATION �' }r s� �k u 3 ' ter_. �. FIRM NAME: CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL: PROPERTY OWNER CONSENT I AGENT AI�THORIZATION ®I. 3 I Pg - J By my signature,I hereby affirm that I am the property Owner of record,or if the Applicant is an organization or business entity,that authorization has been granted to represent the Owner,organization or business in this Application.I certify that the preceding information is complete and accurate,and it is understood that I agree to the Development/Subdivision of this property. SIGNATURE: , PRINTED NAME:Jake B.Moran DATE:6/3/2021 SIGNATURE: PRINTED NAME: DATE: By signing this form, the Owner of the property authorizes Brazos County to begin proceedings in accordance with the process for this type of Application indicated on page one of this Application.The Owner further acknowledges that submission of an Application does not In any way obligate the County to approve the Application and that although County staff may make certain recommendations regarding this Application, the Commissioner's Court may not follow that recommendation and may make a final decision that does not conform to the staffs recommendation. CALCULATIONS OF MASTER PLAN: No charge SIMPLIFIED PLAT. $100 PRELIMINARY PLAN: $150+$5 per lot FINAL PLAT: $150+$10 per lot AMENDING PLAT: $100 REPLAT: $150 RECEIPT BY BRAZOS COUNTY • - • DATE APPLICATION RECEIVED: / / DATE APPLICATION RECEIVED/REJECTED: SIGNATURE: SIGNATURE: Receipt of this Application by Brazos County does not provide confirmation or acceptance of a complete Application, nor does it waive requirements for any additional Information not contained as part of this Application which may also be needed as a part of the review process. Application Check List: Copies of finished plat with corrections (if any): Three(3) hard copies to Brazos County V(One (1) .pdf copy to Brazos County One(1) .dwg copy to Brazos County One(1) hard copy to Brazos County Health District One (1) hard copy to Brazos County 911 One(1) hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): Letter from Brazos County Health District-For On-site sewage evaluation. Letter from Brazos County 911 - For Road names. Letter from Water District or Company.-Stating water availability, etc. If property is within an Extraterritorial Jurisdiction (ETJ) of a City: Approval notification from appropriate City. Applicant attests that they have signed this Application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this Application is not finished or dated until all documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above. Vol. ���1 Pio I"1 SIMPLIFIED FINAL PLAT w Every Simplified Plat shall include all of the following: Title Block with the following information: FIName, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. F]Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) (Replats need to retain original Subdivision name.) 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. North arrow. Drawn on 24" x 36" sheet to scale of 100-feet per inch or larger. 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. �A vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plat. F]AII adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. 7AII 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. 7Road names and Right-of-Way width for all Roads. (Existing and proposed) 7All existing and proposed plat boundary lines, phase/section lines, and Lot lines with bearings and dimensions. ❑Utility Services. (Water, wastewater, electrical, 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. F]All proposed Easements and existing Easements of record that have a designated route shall be shown on the plat with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. FIBuilding 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 V®I. � I Pg. 2 V� I to the best available data. (Shown on drawing; not separate description) FIAII 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. F]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. The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. The 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 all points within the plat. BFE'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. A 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. FIA 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). FIThe 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. F1 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 well site there shall be a depiction of the TCEQ separation Vol. 3Y) 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 on 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. MASTER PLAN I PRELIMINARY PLAN REQUIREMENTS Every Master Plan/Preliminary Plan shall include all of the following: Title Block with the following information: Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. F]Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) F]Date of preparation. (Include the date of any revisions on the plan.) Engineer's scale in feet. Total area intended to be developed. Proposed number of Lots to be developed. Abstract name and number. FThe Preliminary Plan shall carry the legend "PRELIMINARY PLAN FOR REVIEW PURPOSES ONLY". North arrow. Drawn on 24" x 36" sheet to scale of 100-feet per inch or larger. Subdivision boundary indicated by heavy lines. Boundary must include all of Parent Tract. All horizontal control and vertical elevations depicted on the plan shall be tied to NAD83 and NAVD 1988 Datum. FIA vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plan. FAII 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 plan drawing. County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. Road names and Road designation (whether the Road will be public or privately owned), pavement width and Right-of-Way width for all proposed Roads within and all existing Roads abutting the plan. (Proposed and existing) F]All existing and proposed plan boundary lines, phase/section lines, and Lot lines with bearings and dimensions. FlUtility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) (Existing and proposed.) F]Pipelines: label company with volume and page. The Preliminary Plan (including the entire Parent Tract if only a portion of that tract is to be subdivided) shall be shown on a single sheet, regardless of its acreage. The Preliminary Plan may also be shown on multiple sheets if necessary to show all detail and required information as required by this section. F]Size, in acres, of all Daughter Tracts. FICenterline tangent lengths and curve data for all proposed Roads. 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 ' n._.....__ Vol. Pg. .i.._. All proposed Easements and existing Easements of record that have a designated route shall be shown on the plan 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 plan 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 to the best available data. (Shown on drawing; not separate description) Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat 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. The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. The 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 all points within the plat. BFE'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. FIA minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum FFE shall be 12-inches higher than the highest spot elevation that is located within five feet outside the perimeter of the Building, or two-feet above the BFE, whichever is higher. If any areas within the plat include a 100-Year Floodplain (as determined 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 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). If the plat contains a water well site, there shall be a depiction of the TCEQ separation requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. 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. F] 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. F] If entrances or driveways are proposed fronting Texas Department of Transportation (TxDOT) v®i. 339 Po a� ._ 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. ❑ 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. F] Indicate the-centerline length of each Road in the proposed Subdivision and its design speed. If the Roads within the Subdivision will be privately maintained, include the appropriate note(s) per the requirements of Article 8 of these Regulations. Locations of existing and proposed private alleys. F1Locations of existing and proposed public areas. Locations of other public Improvements, including but not limited to parks, schools and other public facilities. F] The location of proposed cluster mailboxes, as required. F] All proposed Off-site Easements for infrastructure construction must be shown on the Preliminary Plan. Proposed phasing. Each phase must be able to stand alone to meet requirements of these Regulations. 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. F] If the proposed Preliminary Plan is to be a Private Subdivision (containing privately maintained Roads),.the title of the plan shall contain the phrase, "A Private Subdivision". Refer to Article 8 for additional requirements. This check list along with the required copies of the plan shall be submitted to the County Engineer for approval. Include a description of contributing drainage to the proposed Subdivision. The submittal shall include the area, slope and type of Development in the contributing area. Drainage narrative in compliance with the BCEDG. Clearly indicate the method of sanitary sewage treatment and/or disposal such as, but not limited to, municipal sewer service, private sewage disposal system and On-site sewage facilities including the size and location of all proposed sewer mains and manholes. Preliminary grades for each main between manholes and the depth at each manhole shall also be shown. All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. Vol. 331 . Pga � LFINAL PLAT • REQUIREMENTS 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. F] If public Roadways are to be built as part of the plat, the plat note regarding the responsibility for construction of Roadways as found in Appendix G.3 shall be placed on the face of the plat. The plat note regarding Owner's responsibilities as found in Appendix GA, if not contained in the Owner's dedication. F] 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. Locations of existing and proposed private alleys. F] Locations.of existing and proposed public areas. Locations of other Public Improvements, including but not limited to parks, schools and other public facilities. F]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. F] 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. 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. F1If 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. FlIn 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. PROJECT LOCATION ..qtr."' OW __���•.-� � __ _ _ _..___— _� _ _ __ VICINITY MAP lilt I I 9 it �' I • I9 m - r ORIGINAL PLAT REPEAT MINOR PLAT OF Saddle Creek Subdivision —-= w Phase 3, Rp Lot 128R-A,Block 6,1.2579 Acres& Lot 128R-B,Block 6,12956 Acres csr_r_crr a,-`s_ ter: ^— :,_ :sY s a: `_ �"°�•m Being a REPLAT of Saddle Creek Subdivision Phase 3, Lot 128R,Block 6,called 2.555 Acres Vol.11730,Page 159 oftheB.C.OR James C.Stuteville League,A-216 ••••••• _ nrem®m.uuimamm.u..w*..._.x.m 8n College Station,Brazos County, nmr�me+rw�YwmmwaYem Texas �^� n•�.ame+rvaunrolnm_alYemw ��- �^.�_ IryYm_a<wYV6111n•roln m.awdr_0_ SfJIL 1'dU' SegVET ASI MNni�EVnDPEP: nn R?' q coGN'wAryo ' TY of e� BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC 2021-Private Properly Access Road and Bridge NUMBER: -Ann Kenney-Dilly Shaw Tap Road-Bridge Repair DATE OF COURT MEETING: 8/17/2021 ITEM: Request permission to enter private property owned by Ann Kenney on Dilly Shaw Tap Road. Project will repair scouring under bridge at Wickson Creek. Site is located in Precinct 2. TO: Commissioners Court FROM: Darrell Kolwes DATE: 08/11/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Tvne Private Property_Access_ Ann KLnney_.r Private PropertyAccess-Ann Kenney-Dilly Shaw Tap Backup Material _Diny_Shaw Tap Road=_Bridge Repair.pdf Road-Bridge Repair PRO D Duane Peters Date County Judge Volo Pg-_29&_._ - 1�„g ; 1. • a Y�'1 �4.Fr. BRAZOS COUNTY :. PRIVATE PROPERTY ACCESS FORM E.Duane Peters Brazos county Jutlgit'' Prarthana banerjl,P:E,.CFM Brazos County Road 6 Bridge Dept SteveMdrirh 2817.Hwy 21 West Commissioner Pct;] Bryan,Terms 77803 Office: 979.872-2127 Ford Russ • ':Fax: 979475.0453 Commissioner Pct;2 Nancy Berry Commissioner Pet 3 Irma Cauley Commissioner Pct.4 I. OWNER($): Ann Kenney II. ADDRESS: 6947 Dilly Shaw Tap Road Bryan,.Texas 77808-862$ Ill. LOCATION OF WORK: Bridge at Wickson Creek.dn Dilly Shaw Tap Road located 1.09 miles'southwest of FM 2776. Property ID 84207—Green Coleman SurveyA-100,Tract 9.2,631.52 acres IV. DESCRIPTION OF WORK: Repair erosion on the upstream side of bridge. Workwill ' require field surveying and filling in eroded area under concrete wall.and laying rock riprap. In addition, any trees and/or.vegetation in conflict would also':be removed. Additional Comments:_ a A'n5 . S ti opt c) 6L, 'd"Q4-"-J- V. 4..J.V. MAINTENANCE: -Yes . v: . No IF-YES, ESTIMATE FREQUENCY OF MAINTENANCE; N/A (we)-the undersigned owner(s) grant permission to Brazos County.the ability to.access the above mentioned privateproperty,for roadway maintenance purposes. Owner's Signature: Date . A !0 Ann Kenney Prarthan aneiji,-P.E:, CFM Darrell Kolwes County Engineer Right of.Way Agent _..:.:: 10 Pg 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 ABCAIN INVESTMENTS LLC 3201 BRANGUS RD GEORGETOWN TX 78628-1808 PROPERTY DESCRIPTION Legal: WATERWOOD TOWN HOME CONDOS PH 4,BLDG 25,UNIT 2503 Address: 1001 KRENEK TAP RD 2503, - Account# 303762 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested ZREFUND 2020 12/31/2020 $3678.83 $39.95 Taxpayer's reason for refund: OP-Overpayment REFUND T0: CAIN ROBERT L&ANNE 3201 BRANGUS RD GEORGETOWN TX 78628-1808 Sign below and return form to the Brazos County Tax Office. "I y apply for the r�nd of the above-described taxes and certify that the information on this form is true and correct." _ � ( 41-1 *6�e_ Signatdre ���e_ �� Date. • if you make a false statement on this application,you could be foUnd guilty of a Class A.mUdemeanor.or a state Jail felony under Texas Penal Code Section 37.10. TAX REFUND INATION tax refu is Approve [ ]Disapproved 1 -7 /;Q Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date v®i. 339 Pgo_ TAX RECEIPT 07/23/2021 08:24AM KRISTEEN ROE, CTA PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR - -- 4151 COUNTY PARK CT -_RecelpENumber _ BRYAN,TX 77802302.305T4 Date Posted 1213112020. Payment-Type I_-_ P. Payment Code _ Pi erigfund- Total Paid _ 53,678 83; PAID BY: CAIN ROBERT L&ANNE 3201 BRANGUS RD GEORGETOWN,TX 78628, Property ID _Geo _ _. _.LegalAcres _ i 0.wner Name and_Address _ ---303762 ;642700-0425-2503• 0.0000 ABCAIN INVESTMENTS LLC - - - -1-.. - --- Legal Descrl tion ...4.--_ . __ - 3201 BRANGUS RD - P _ GEORGETOWN,TX 78628-1808 WATERWOOD TOWNHOME CONDOS PH 4,BLDG 25,UNIT 2503 _ DbANe_ - 1001 KRENEK TAP RD 251)i, , Fruity. - Year Rate Taxable Value Stmt# Vold__: Original Tax Discnts --P8! .A$_Fees 0erage A_rn'ount Rd Z REFUND ENTITY 2020 0.00000_ 0 145117 N 39.95 -d.-ad' O,OD 0.6 _ _v_ 0.00 39.95 BRAZOS COUNTY 2020 0.49500 161,111 655 N 797.50' 0.00 0.00 0.00 0.00 797.50 CITY OF COLL. STAT. 2020 0.53462 161,111 655 N 881.33 0.00 0.00 0.00 0.00 861.33 COLLEGE STATION ISD 2020 1.22900 161,111 655 N 1,980.05 0.00 0.00 0.00 0.00 1,980.05 3,678.83 Balance Due As Of 12131/2020: -39.95 Tender Detafl _ .� - Description Amount' Check - - --2712M y - - - 3678.83 3678.63 Opera -tor. Bat- -ch-- --- --- - - - ---- - -- --- - Toott - __ •• •- - al Paid tmoore 34234(01%1312021TM) 3,678.83 Page:1 Receipt Issued In Accordance with Section 31.075 of the Texas Property Tax Code Vol r��mmrrnm> . 3�Jpi Mg. a� cl 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 CLINE DAREN B H&MARLENE P C HSI PO BOX 12001 COLLEGE STATION TX 77842-2001 PROPERTY DESCRIPTION Legal: NANTUCKET PH 1,BLOCK 1,LOT 18,ACRES 1.91 - -Address,-4586 CRICKET--PASS -�- - - - - - --- - - -- - Account# 33773 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund . Payment Date Amount Paid Refund Amount Requested ZREFUND 2020 01/31/2021 $7488.39 $20.00 Taxpayer's reason for refund: OP-Overpayment REFUNDTO: CLINE DAREN B H'&MARLENE P C HSI PO BOX 12001 COLLEGE STATION TX 77842-2001 Sign below and return form to the Brazos County Tax Office. "thereby apply for the refund of the above-described taxes and certify that the information on this form is true and correct." Si nature and it 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 31.10. TAX REFUND DETERMINATION e tax refu Is [ Approved ]Disapproved Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date Vol. 639 pg.( 10'-N�. TAX RECEIPT 02/02/202108:49AM KRISTEEN ROE,CTA PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR _Recej -_ rt-Nirmtier �---! 4151 COUNTY PARK CT - BRYAN,TX 77802 I 3033222 I Date Posted 01!3112021 I PayymeritType• •' Payment Code OverlRefund' lTota!•Pafd _•_ .`�_�,488.39! PAID BY: CLINE DAREN B H&MARLENE P C HSI PO BOX 12001 COLLEGE STATION,TX 77842-2001 r Property ID __ -Geo _ _ Legal AeresI --Owner Name and Address_- - 33773 434000-0001-0180 11.9100 - - CLINE DAREN B H&MARLENE P C HS - -- ----- - -L -- ---- --�. PO BOX 12001 _ Legal,Description _ _ _ - COLLEGE STATION,TX 77842.2001 I NAN'TUCKEY PH 1,BLOCK 1,LOT 18,ACRES 1.91 81tus --- 4566 CRICKET PASS Entity_ _� Year Rate Taxable_VStmt Value # Vold Orlglrial Tax Discnts ;=P81 ,Att Fees Overage:AmountPc Z REFUND ENTITY 2020-0.00000 - 0 145223 N 20.00 0.00 0.00 0.00 0.00 20.00 EMG SVCS DIST#1 2020 0.03000 443,309 26025 N 133.00 0.00 0.00 0.00 0.00 133.00 COLLEGE STATION ISD 2020 1.22900 418,309 26025 N 5,141.01 0.00 0.00 0.00 0.00 5,141.01 BRAZOS COUNTY 2020 0.49500 443,309 26025 N 2,194.38 0.00 0.00 0.00 0.00 2,194.38 7,488.39 Balance Due As Of 0113112021: -20.00 Tender_ Details- -' Decrlptlon _ Amdunti Check - 1253M 7488.39 7488.39 Operator Batch --'--- -_- - - '--" "- - Y•-Y Total Paid __ _ _ ___ _ tmoore 34575 02!0212021 -_•_--�._. T" Page:1 Recelpt Issued In Accordance vrith Sectlon 31.075 of the Texas Property Tax Code Vol. ._ 3 pg. ��� ARRLi'ONT.U.W. 0- 'R:fi��UND 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 BRYAN TRAVIS Ili FAMILY LLC 314 BROOKSIDE DR E BRYAN TX 77801-4505 PROPERTY DESCRIPTION Legal: ROYAL OAKS ESTATES, LOT 6&7,ACRES 9.866 SER#CHVM269666011444 HUD#RAD0912151 Address-. 10125 COBB RD , - Account# 39428 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund .Payment Date Amount Paid Refund Amount Requested ZREFUND 2020 01/29/2021 $17656.91 $110.26 Taxpayer's reason for refund: OP-Overpayment REFUND TO: BRYAN AUSTIN TRAVIS BRYAN III FAMILY LLC Sign below and return form to the Brazos County Tax Office. I hereby ap ly for the refu of the above-described taxes and certify that the information on this form is true and correct." Sign„attur4 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 Th x refuri [ proved ]Disapproved Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date �3a VOOa . J GI Pg- TAX RECEIPT 01/29/2021 02:23PM KRISTEEN ROE,CTA PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR I��,ReeetPt Number ' _, 4151 COUNTY PARK CT I 3031956 BRYAN,TX 77802 0149/2021' 0149/2011; }?aynigrit-Type, ,r P• Payment Code O OverlRefund. 71 0 [Paid'. $6.758.20. PAID BY: BRYAN AUSTIN W 313 GREENSIDE LANE GEORGETOWN,TX 78633 .Pro a ID ,Geo ;_'. Ovvnei Name and Address �- p ,�y Legal Acres . 1 �� 39428 54800MODO.0060 9.8660 i i BRYAN TRAVIS III FAMILY LLC ` Le aI,D_escnptlon —z• 314 BROOKSIDE DR E BRYAN,TX 77801-4505 'ROYAL OAKS ESTATES,LOT 6&7,ACRES 9.886 SER#CHVM269566011444 HUD#RAD0912151 (-Situs•_ •:� �_.DBA.Name �,��._ -r �"..� I I 10125 COBB RD IhEfn—ty " Year Rate Taxable Value Stmt#"_Void O_riginat"Tax Dlscnts '•�Y•P81 Att�Fe..es tOve_rag�'—a Amount P_dt Z REFUND ENTITY 2020 0.00000 0 145200 N 110.26 0.00 0.00 0.00 0.00 110.26 EMG SVCS DIST#3 2020 0.02637 385,331 17616 N 99.95 0.00 0.00 0.00 0.00 99.95 BRYAN ISD 2020 1,23250 385,331 17616 N 4,671.73 0.00 0.00 0.00 0.00 4,671.73 BRAZOS COUNTY 2020 0.49500 385,331 17616 N 1,876.26 0.00 0.00 0.00 0.00 1,876.26 6,758.20 Balance Due As Of 0112912021: -110.26 Tender __s Details•, :e_,. :," " Description _ -_ _ Amoun� Check 1139m 8758.20 6758.20 Opertort Batch' ,; __J., --p --—-- _ — _ - - --- -= ?'u-___�.:.___>•, �r. n Total Pa1d lemerson 34524(01292021LE) 6,758.20• Page:1 Receipt Issi ed in Accordance with Section 31.075 of the Texas Prope Tax Code T-Aa EMS Vol. _J pg. 1�35 Application for Tax Refund Overpayments or Erroneous Payments BRAZOS COUNTY TAX OFFICE 979-775-9930 Collection office Name Phone(area code and number) 4151 COUNTY PARK CT,BRYAN,TX 77802 Address,Oty,State,ZIP Code Brazos Co,City of Bryan,City of College Stat,Bryan ISD,College Stat ISD, Emg Svs#1,2,3,4,City of Kurten,Navasota ISD. CoNectrng Tax Por(taring unlis) GENERAL INFORMATION:This application is for use in requesting a tax refund pursuant to Tax Code Section 31.11 and Comptroller Rule 9.3039.To apply for a tax refund,the taxpayer or representative must complete Sections 1 through 5 ofthis applicatlon.The refund check will be made payable to the taxpayer and mailed to the taxpayer address provided below. FILiNG.INSTRumoNS:This document and all supporting documentation must be filed with the tax collector ofthe taxing unit for which you are requesting a refund.Do not Me this documentwith theTexas Comptroller of Public Accounts.A directory with contact information for county tax offices may be found orrthe Comptroliers-website.- - — - - -- �ECTION •. • • l--c:1 -.I- "L Name ofTaxpayer Primary Phone Number(area mdeandnumber) Emati Address• I2lJ _k`hrm ccs^ Cyr. �d 'CILS `ova, X 77.85�d Mailing Address,City,S , IPCode •N 2-AUthorized' Provide the information below Nan agent has been appointed underTax Code Section 1.111 to represent the taxpayer for tax matters.Attach a completed and signed Form 50-162,Appointment ofAgentforPropertyToxhfatters,if the form has not been filed with the appraisal district Individual taxpayers handling tax matters on their own behalf skip to section 3, Name of Authorized Representative Title of Authorized Representative Primary Phone Number(area code andnumber) Email Address' Wing Address,City,State,ZIP Code OR Appraisal District Account Number Tax Receipt Number Location Address,City,StatCode Legal Description(or attach copy ofthetax bll)ortmtreceipt): Form developed by:Texas Comptroller of Public Accounts,Property"fax Assistance Division For additional copies,visit:comptrollertexas.gov/taxes/propertytax• 50-191•4-20/12 Vol. Pg. 34 ` - ----- --•—•' -• - -------- - -- ---- ---- -- ------ .pplicationforTaxRefundOvetpaymentsorErrgneousPaymelttts SE&IO •rmatiory Complete the tax payment Information requested below for each taxing unit from which refund is requested.A separate document containing the same information maybe attached for additional taxing units,If necessary. D t• ZREFUND S $ z. $ $ 3. S S 4. S S 5. S $ 7. S S e. 5 •S _ Taxpayers Reason for Refund(attach supporting documentation) SECTIONatqre I hereby applyfor the refund of the above described taxes and certify that the Information I have given on this form is true and correct print /�� I/ here_ :Aaie/'4 -a rejg f S PdntTaxpayerName 1. shereign 1 0 Z D Taxpayer5fgnature Date If you make a false statement on this application,you could be found guilty of a Class A misdemeanor or a state]all felony underTexas Penal Code,§37.10. If the collector does not respond to this application on or before the 90th day after the date the application form Is filed with the collector,this application is presumed to have been denied.The taxpayer may file suit against the taxing unitin the district court to compel payment of the refund if it is filed not later than the 60th date after the collector denies the application. 'See Government Code Section 551137 regarding confidentiality of email addresses. FOR COLLECTOR USE ONLY • . • This tax refund is Approved ElDisapproved print here c BntNameand i sign �/17 �I • here� Authorized Officer Dates print here PdntName andTitie sign here Collectors)ofTaxing Unft(s)'far Refund Application Over ansert amount for which Date governing body approval is required underTax Code Secilon 31.17) For additionalcoplesvIsiLcomptrollertexas.gov/taxes/property-tax -- — +— —Paget Vol. Pg.9 35 TAX RECEIPT 07/07/2021 01:28PM KRISTEEN ROE, CTA PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR -Recei tNumber �- 4151 COUNTY PARK CT BRYAN,TX 77802 3058867 Date Posted - 06130_12.021 Payryient Cade _ OverlRetund Total Patd _52,347.'38 PAID BY: BROOKS ROBERT D&KATHLEEN P 1211 KING ARTHUR CIR COLLEGE STATION,TX 77840-4827 Prcperty:lD `•'2-_ Oeo'= -= -- Aa_res'- - -=x-: - - 09uner.Name snd,Agd ess •.• _ : .-_ 20762175000-0102-0050 0.0.000- BROOKS ROBERT D&KATHLEEN P --- .- - - . -•-•- ---- 1 1 1211 KING ARTHUR CIR Legal COLLEGE STATION,TX 77840 4627 Situs CAMELOT PH 1, BLOCK 2,LOT 6' ' I - -- ---- -..CIR.-- -- - ----- - - ---- - - 1 `_1211 KING.ARTHUR , ' ------ - ------ - - ----•--------••'•---- - ----�---r---. Entity -_ _ Year ,_Rate _ Taxable Value Stmt# Void Original Tax_ Discnts P&I Att Fees Overage Amoilnt'Pd' Z REFUND ENTffY 2020 0.00000 0 146001 N 269.36 O.OD 0.00 0.00 0.00 269.36 BRAZOS COUNTY 2020 0.49500 199,441 16119 N 493.62 0.00 0.00 0.00 0.00 493.62 CITY OF COLL. STAT. 2020 0.53462 189,469 16119 N 506AG 0.00 0.00 0.00 0.00 508.46 COLLEGE STATION ISD 2020 1.22900 174,441 16119 N 1,071.94 0.00 0.00 0.00 0.00 1,071.94 2,341.36 Balance Due As Of 0613012021: -2696 Tender_ .w. Details' Description --'Amount` Check 3185 - 2341.39 2341.38 I Operator Batch _ _ Total Paid; tmoore 36609(07/07/2021TM) 2,341.38 Page:1 Receipt issued in Accordancewith Section 31.075 of the Texas Properly Tax Code i ANIZE:ATI"ON-FO'RTAXAMND Collecting Office Name CollectingJax for:(taxing entitles) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISD,Fl,F2,F3,F4, Bryan,Texas 77802 Ph.979475-9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS KGM RENTAL LLC %MELESKY KENNY PO BOX 505 MILLICAN TX 77866-0505 PROPERTY DESCRIPTION Legal: UNIVERSITY HEIGHTS PH 4,BLOCK 12,LOT 1R-2A,ACRES 0.49 •-Address:•HOLLEMAN DRS , , Account# 419595 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested YREFUND 2020 06/30/2021 $978.00 $978.00 ' E Taxpayer's reason for refund: OP-Overpayment REFUN D TO• KGM RENTAL LLC %MELESKY KENNY PO BOX 505 MILLICAN TX 77866-0505 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above-described taxes and certify that the information n this form Is true and correct." • Sig•-.-tur,,-:_:>.�,,. ,date..--��, Picone k gmail Address If you make a false statement on this application,you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION nr d is [ pproved• [ Disapproved rized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Vol. Pg- 3-1 ,_ TAX RECEIPT 07/20/202101:1 5PM ` , M1S • KRISTEEN ROE,CTA PH#(979)775-9930 ` BRAZOS COUNTY TAX ASSESSOR COLLECTOR ;r , -r� - - -; •t, 4151 COUNTY PARK CT BRYAN,TX 77802 3060467 J DatePoated .—�;� •U6/30%2021 P,ayrt`LeOt°Code'••�St:,z..�t OverfRefund' • '� 7o-ta�Paldi,�t'',s',,;�sG�r.tji_•_ _��978AD� PAID BY: KGM RENTAL LLC %MELESKY KENNY PO BOX 505 MILLICAN,TX 77866-0505 PrO a :1Ds:4q, �G80si'7ir sx ,.�'• '+: F.�. r,•zi r' r d..77v`f=7. �z .az-y ter-- , v� .rpt is J4..aL3Z.. S tLe al Acres V r..:� 4:... ?. Own�er•.Name:anil`..,•- -�xi..::..�:••^is.❖' � 9,.�_...�s�..�'L•=t.__?}.;..y�t:ty ral'.G`'u:::cr✓.c .aru,.i..�•,.,.._ CIf1,C@_$_S�_..%: .�..+. 419595 619400-0412-0011 10.7900 I KGM RENTAL LLC - _• - %MELESKY KENNY ly;S*•:Yr'y.l"�`' r'119�Ya:. -tii:;��•c .z,�-•---•, vxz::•:-r, ^t^:�^.��;55;�•,••.._,..c• Vit' i a�; >^st):a r_> O OX 505 ERS 'HEI HTS PH BLOC 12."LOT ?A O.•1_«t qYG �laaksr�e' ::�"=i�i3Y5:' P B G 4 K 1 L iR- ,ACRES 0.79 MILLICAN TX 77866-0505 a'-'ItltS�'�'w Ems:-'G'�,^r.��+`-��•t'i<����-:a'G�^•:T�Z -rr--.�^'t-•rti rr w.�r •^y+ '.,�•,tt, ,,� r DbA�Name.,.,hvv�; 7•z,�'d'�'F�h.a r �� HOLLEMAN DRS cxa. i 4`� '_•o�,._,.+L•a�� L__--_— - ]� ---y»•..----a 4_. �.�a--rr-:;r•` *_T:�*-nj j.p+a.•-.-..-.�-..�.. —I v:--C•.�.T, :yr'•^-�_•7-'r'll'Al,:.:.•__..,<.y-•. ...�. ;;Entity ;�a �Xeart Rate;..��.�Ta>able,,Val e_:-r;Str t#r�acV.old�;f;>,-Od�Irlat;Tai% scuts•;1=1 AtfFees r..0_WefageAinoun P.dl Z REFUND ENTITY 2020 0.00000 0 l 146041 N 978,00 0,00 0.00 0.00 0.00 978.00 978.00 Balance Due As Of 0613012021: .978.00 7;enilen'NA, ,-;Det Ils_':niyz ,ti7 ;.- -to..,•�,.., ..e.�'r Cheek 1624 978.00 - 978.00 ..tea --tc:,--• T--,Z}rr:•Ir._%r;.S-. -c Ct:r;v!S;T:4ri:wT N•�7.. la;y �--,a g• r..! s'r -u�•-L3+•• ;r. �•'•. 1.-- •0`e�atbr-« Batcti L:-�-•s"'r r'e>: 9:. ::c..:3:e •.t i7°`t i..zawM:f J;^;A.•ey-:tA P..s. _... �• ..nr1^3 t,.•+� ,L 'rt t > 'r:.w� }_u �:!'.� v ti SR•:. Kir'_�_ �' C l:Y, L t•. •Igc. •�'�:.G'4i-• % _... 14.11 tiG 3::l:,.r ul�11.L� E yy ..:��. ... .a•:+4 f .Y. •h�:L' •�!%�+•'. Lr:?•-f4 t:uL:.�- Yr Lni _,�i�' _�w'"•'.p tmoore 38786(07/2012021TM) 97&00 Page:1 Receipt is! ection 31.075 of the Texas ProoeTax Cade __ •. fi,, ,,,,„,K V®!. 3"1,9 Pg. rr A"ft-"ft -1QN-FOR R) F�U1�1 D Collecting Office Name Collecting Taxfor:(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.979-77S-9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS KGM RENTAL LLC %MELESKY KENNY PO BOX 505 MILLICAN TX 77866-0505 PROPERTY DESCRIPTION Legal: SILVER HORSE RANCH, BLOCK 2,LOT 26 -Address: 4032 GOLDEN EAGLE DR , 4 Account# 393400 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested_ ZREFUND 2020 05/30/2021 $6645.01 $2519.91 Taxpayer's reason for refund: OP-Overpayment REFUNDTO: KGM RENTAL LLC %MELESKY KENNY PO BOX 505 MILLICAN TX 77866-0505 4 Sign below and return form to the Brazos County Tax Office. "I hereby app y far the refund of t above-described taxes and certify that the information on this form is true and correct." ignatu c,,,,-, Date., 9 79 - 7"Z Z 7S— (�.Iclu r✓�is a��ce5:c�n^ Phone!# Email Address If you make a false statement on this application,you could be found guilty of as Cla�demeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION �taxrefun is [ proved [ Disapproved Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code TAX RECEIPT 07/20/2021 02:27PM KRISTEEN ROE,CTA PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR F Receipt.Numbar,-i_ 4151 COUNTY PARK CT { —" 3060470 ' BRYAN,TX 77802 3 Date Posted �-- 06/3012021 Payment Type Payment Code _OVedRefund Total PaidPAID BY: BY: KGM RENTAL LLC %MELESKY KENNY PO BOX 505 MILLICAN,TX 77866-0505 Property►1D .-_Geo Legal Acres i Owner Name and Address 0000 - - -- --- -- ----- ; - - i,—KGM R-ENTAL LLC - - ----w-. - 393400 573200-0002-0260 0. -- -7 i - - Legal Description, _•_• _ _�_ _ ' . PO BOX 505 KENNY SILVER HORSE RANCH,BLOCK 2,LOT 26 — _ _— •• _ _ MILLICAN,7X 77866-0505 f Situs--- --- - j 4092 GOLDEN EAGLE DR , - - -- --- -------_-_— I Entity Year Rate Taxable Value Stmt —_Void Original Tax •`D_is_cnts P&I _At_t Flies _Ov_erage Amount Pd, Z REFUND 1:tVTITY 2020 0.00000— 0 146042 Rte—- 2,519.91 0.00 - 0.00 O.DO 0.00. 2,519.91 EMG SVCS DIST#3 2020 0.02637 470,400 69150 N 62.02 0.00 0.00 0.00 0.00 62.02. BRYAN ISD 2020 1.23250 470,400 69150 N 2,898.84 0.00 0.00 0.00 0.00 2,898.84 BRAZOS COUNTY 2020 0.49500 470,400 69160 N 1,164.24 0.00 0.00 0.00 0.00 1,154.24 6,646.01 Balance Due As Of 0613012021: -2619.91 Tender Details :_:_ Description:; Amount. Check 1178 -- 6645.01 6845.01 Operator._Batch tmaore 36766(07/2012021 TM) Page:1 Receipt issue in Accordance Alph.Section 31.075 of the Texas Property Code TMAIWA10. Vol. ` ` p . MD- v Application for Tax Refund Overpayments or Erroneous Payments _ Tax SSSS r �C�Mfor Q-712 --715-ag3c) Callectlon Dffice Name Phone(area code and number) 415-1 COUGIN-60' rt Ci" BAJ, � OZ Address,City,State,ZIP Code a�����{)04Q Cal!ectingTax For(taxing units) GENERAL INFORMATION:This application is for use in requesting a tax refund pursuant to Tax Code Section 31.11 and Comptroller Rule 9.3039.To apply for a tax refund,the taxpayer or representative must complete Sections 1 through 5 of this applicitUon.The refund check will be made payable to the taxpayer and mailed to the taxpayer address provided below. FILING INSTRUCTIONS:This document and all supporting documentation must be filed with the tax collector of the taxing unit for which you are requesting a refund.Do not file this document with theTexas Comptroller of Public Accounts.A directory with contact Information for county tax offices may be found on the Comptroller's website. SECTION, p. • Me(0a c , Name ofTaxpayet Primary Phone Number(aarree�aa code annod number) Email Address• Mailing Addrte,ZIP Code 0 q:,� SECTION • e Provide the information below[fan agent has been appointed underTax Code Section 1.111 to represent the taxpayer for tax matters.Attach a completed and signed Form 50.162,AppolntmentofAgentforProperty Tax&latrers,If the form has not been filed with the appraisal district.Individual taxpayers handling tax matters on thelrown behalf skip to section 3. Name ofAuthorized Representative Title of Authorized Representative Primary Phone Number(area code and number) Email Address• Mailing Address,City,State,ZIP Code SEI�TION ' ••- • • OR l4Q12- Appraisal District Account Number Tax Receipt Number ltd))8u 'Honterg ,pon Coft���. TY -1� Locatlon Address,City,State,ZIP Code Legal Description(or attach copy ofthe tax bill or tax recelpQ: COPY o� tax bt( ( ollachc . Form developed by:Texas Comptroller of Public Accounts,Property Tax Assistance Division lForadditionalccplesvisit:comptfollertexas.gov/taxes/property-tax 1 5u-181•4.20112 Vol. 941 AppikationfarTazRefrtndOveay rpmentsorErroneousPayments. _ _� Fo[m50a87 6 TEC ® ' • • Complete the tax payment information requested below for each taxing unit from which refund Is requested.A separate document containing the same Information maybe attached for additional taxing units,if necessary. MY 20 I2 I $ (Q $ ML 2. S $ 3. $ $ 4. $ $ 5. $ $ 6. $ $ 7• $ S B. $ $ Taxpayers Reason for Refund(attach supporting documentation) rcPMY was �� �n e�ro�r �S ��re�oo��c an LAJ Ip . o�- Dommvch(t arfga Signature. I hereby apply for the refund of the above described taxes and certify that the information I have given on this form is true and correct print here 1� Taxpayer Name sign rSi to n Date If you make a false statement on this application,you could be found guilty of a Class A misdemeanor or a state Jail felony underTexas Penal Code,§37.10. If the collector does not respond to this application on or before the 90th day after the date the application form is filed with the collector,this application is presumed to have been denled.The taxpayer may file suit against the taxing unit in the district court to compel payment of the refund if it is filed not later than the 60th date after the collector dentes the application. *See Government Code Section 552.137 regarding confidentiality of email addresses. FOR COLLECTOR USE ONLY HtTIC46:r-ax-Refuhd 7 • This tax refund Is Approved FIDisapproved hrint ere e &VI 5 P MameandTitle sign here� r/ AuthorkedOfRcer Date � print here Hot Name andiitle sign here Collector(s)ofTaxing Units)for Refund Applications Over pnsert amount for which Date governing body approval is required under Tax Code Section 31.11) For additio nal co pies,visit:ComptrolIertexas.goy/taxesMro er - ^Paget Vol -339—o 9• gAg -_ orLoicn August 2,2021 Regarding:REFUND REQUEST-PARCEL PAID IN ERROR Dear Brazos County, I am writing this to request a refund as CoreLogic has paid the 2020 taxes for parcel R110025 on behalf of Dovenmuehle Mortgage for homeowner GERALD COBB in error. Please send the refund application directly to my attention at: CoreLogic ATTN: Sommer Hasman 95 Methodist Hill Drive Suite 100 Rochester,NY 14623 Sincere , Sommer Hasman Senior Associate,Customer Product Support Phone: 585-321-6736 Fax: 817-826-1982 *pQ� i-nfrlf 1tSi�nq Dnd Wnc-et-(cd WCU ccQy Kluft . if 009 WHOM( rko- 1s ncd-tl picasc -kcI 4ee �o con}oa ane v to •ernw( = AQ9ngon@ C0rC[c��ct�Cam oV ��se� eve 95 Methadist Hill Drive Suite 100 Rochester,New fork 14623 585-321-6736 - Fux 517-326-1932 i TAX RECEIPT 06/02/2021 07:59AM KRISTEEN ROE, CTA PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR Receipt Number 4151 COUNTY PARK CT i BRYAN,TX 77802 .D 3014012 Date Posted- 12/31/20201 �aym�ntType ) P• Payrrjent,Codd Full Total Paid $2,681.091 PAID BY: CORELOGIC 3001 HACKBERRY ROAD IRVING,TX 75063 Lg9a1 Acre` —1 i_" ' Owner Name andAd_dr�ss._ _ 110025 I3382OD-0001-0130 12.3100 I MIDDLETON DAN R&JUDY 10036 HUNTERS RUN ' Leg LOCK 1,LOT 13,ACRES ription._ _ �e1 COLLEGE STATION,TX 77845-7934 ,HUNTER'S CREEK,B 2.23131 —_- I � I•Situs: ., _D_BA Name 1 10036 HUNTERS RUN Eni-—� Year Rate Taxable Value Stmt#' Vold_jOriginal Tari Discrits. • P&h• Att�Fees Oyera9e Amount Pd, BRAZOS COUNTY 2020 0,49500 340,116 85688 N 650.37 0.00 0.00 0.00 0.00 650.37 EMG SVCS DIST#3 2020 0.02637 415,116 85588 N 54.73 0.00 0.00 0,00 0.00 54.73 BRYAN ISD 2020 1.23250 380,116 85688 N 1,975.99 0.00 0.00 0,00 0.00 1,975.99 2,681.09 Balance Due As Of 12131/2020 00 Operator'B-atc5---T_ -- otaE Paid + T � shines 34151(Corelogic Payment FQe 01062021 anh) —` _— 2,681.09' Page,I Receipt Issued in Accordance with Section 31.075 of the Texas Property Tax Code TM,A,.-.%N, Vol. Pgo c� ..w APPLICATION FOR TAX REFUND Collecting Office Name Collecting Taxfor:(taxing entitles) 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 JACKSON TAMARA R %TAMARA JACKSON MCCOY 504 E 21ST ST BRYAN TX 77803-4121 PROPERTY DESCRIPTION Legal: JAMES,BLOCK 1,LOT 26&27 Address:I-211--HENDERSON-ST-, - - Account# 29852 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested ZREFUND 2020 07/27/2021 $1140.62 $9.16 Taxpayer's reason for refund: OP-Overpayment REFUND TO: FRONTIER TITLE COMPANY WH LLC 166 CENTURY COURT STE 210 COLLEGE STATION,TX 77840 Sign below and return form to the Brazos County Tax Office. "I hereby applyfor the refund of the above-described taxes and certify that the Information on this form is true and correct." 5 nureabet ff MAO Phone# Email Addredl 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 ttaxre �is [ Approve ( ]Disapproved Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date { Vol. P9-_a40.__. TAX RECEIPT 07/27/2021 02:34PM KRISTEEN ROE,CTA PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR L +Receipt�Ntimher•; _� 4151 COUNTY PARK CT - 3060848 BRYAN,TX 77802 Date•Popted 07/2712021 PayimentType .".LP. Payment Cade OvertRefund: '�otai Paid . •- •s $1,140.62 PAID BY: FRONTIER TITLE COMPANY WH LLC 166 CENTURY COURT SUITE 210 COLLEGE STATION,TX 77840 Property ID GeoLegal AcrOs i Owner Name and Address_,• , '� .-29852 -_ 1349000.000'1-0260 _ _ 10.0000 JACKSON TAMARA R -'+ %TAMARA JACKSON•MCCOY Legal Description. 504 E 21 ST ST JAMES,BLOCK 1,LOT 26&27 BRYAN,TX 77603-4121 F Situs --.7-169A _ D9A Name '- _ 71 1211 HENDERSON ST, _ Originat_ �Entity Year. Rate TazableVa ue Stmt#' Vofil'•�_ l7ax Discrrts =-•.P81 °AttFees•� Overage�Am-o n Pd BRAZOS COUNTY 2019 0.49750 16,910 61775 N 79.16 0.00 23.75 15.44 0.00 118.35 CITY OF BRYAN 2019 0.62999 15,910 61775 N 100.23 0.00 30.07 19.55 0.00 149.85 BRYAN ISD 2019 1.27000 15,910 61775 N 202.06 0.00 60.62 39.40 0.00 30208 CITY OF BRYAN 2020 0.62900 17,649 63987 N 110.38 0.00 19.87 19.54 0.00 149-79 BRAZOS COUNTY 2020 0.49500 17,549 63987 N 86.87 0.00 15.63 15.38 0.00 117.88 Z REFUND ENTITY 2020 0.00000 0 146119 N 9.16 0.00 0.00 0.00 0.00 9.18 BRYAN ISD 2020 1.23250 17,549 63987 N 216.29 0.00 38.94 38.28 0.00 293.51 1,140.62 Balance Due As Of 0712712021: •9.16 Tender Detai s 130crlption +�'_�Ainount; Check 295122 1140,82 1140.62 T � ;Total,Pald 1 Operator 13atCFi ti i` _--- :r,, a. ld lemerson 36884(07272021LE) 1,140.62 Page:1 Receipt Issued in Accordance with Section 31.075 of the Teras Pro er 7a3 Code_-- Vol. 3'1 ego -APPUCATIOWFOR-M-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,F40 Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS OCONNELL ROBERT E&BARBARA LIVING TRUST 5 6lo r-: $h�� I2lc�� �.. TUCSON AZ253�fi 72�r7 s.6 w PROPERTY DESCRIPTION Legal: MURPHEY-SMITH 30024386-000 CML EXPLORATIO/KURTEN(BUDA)AB 212/STEWARTJOHN W SUR.0019476100 R Address: Account# 8885360 TAX PAYMENT INFORMATION- Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested - - ZREFUNO �— -2020- - ------11/12Tb20 —$Mld5 — - -R-TDO —— -- -- Taxpayer's reason for refund: OP-Overpayment REFUNDTO: OCONNELL ROBERT E&BARBARA J LIVING TRUST 6152 E SHIP ROCK DR TUCSON AZ 85756-9753 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." 40V 9/q�iXL/,�leC� L �i� cDWt 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 e tax is 1-App oved ]Disapproved $/J7/a1 Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date v®I. pg. _ TAX RECEIPT 11/12/2020 03:39PM CA- . KRISTEEN ROE, CTA PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR - Receipt Nurribe� BRYAN,TX 77802 -'- 4151 COUNTY PARK CT i. 29737=-- Date Pbs'ted � 11/12120200 payment?ype Payment Code refund; notal Pati PAID BY: OCONNELL ROBERT E&BARBARA J LIVING TRUST 6100 N ORACLE RD APT 5 TUCSON,AZ 85704-5316 - -- , r--- - - ----- Property ID ___Geo c Legal Acres __ _ I_Y.Owner Name an'd Address 8885360 130-024966-00-0 R-030024386000R034499 19,480A000- - I OCONNELL ROBERT E&13AR13ARA J k-- -- - -- -!------ ------- --- - ---- -'- --- ---- - --- LIVING TRUST Legal Description i 6100 N ORACLE RD APT 5 I IMURPHEY-SMITH 30024986-d00 CML EXPLORATIO1KURTEN(BUDA)AS 212/STEWARTJOHN W SUR -5316 TUCSON,AZ 85704 1.0018476100 R _ _ _ - - - -- - --_ - I i i Situs--- - --- ----• - --DBA Name -- --- -- -- - I I I EEntity- _ Year Rate Ta aable_Value Stmt# Void-OrldnalTax Dlscnts___ P81_ AttFees_OverageAmountPd+ ZREFUNDENTITY 020 0.00000 0 144386 r 10.00 0.00 0.00 0.06 0.00 10.00 2 EMG SVCS DIST#3 2020 0.02637 2,683 93279 N 0.71 0.00 0.00 0.00 0,00 0.71 BRYAN ISD 2020 1.23250 2,883 93279 N 33.07 0.00 0.00 0.00 0.00 33.07 BRAZOS COUNTY 2020 0.49500 2,683 93279 N 13.28 0.00 0.00 0.00 0.00 13.28 57.08 Balance Due As Of 1111212020: -10.00 Tender Details - -- Description_'- Amount Check 1003M - - - --- --- - 67.08 67.06 �Operator_Batgh_ _ --- ~--------__ -- - --- - - ---.---- --,:Total Paid tmoore - -33334(1111212020TNQ 57.06 Page:1 Receipt Iss ied In Accordance with Section 31.075 of the Texas Property Tx Code_ Vol. Kristeen Roe,CTA,PCC U.S.PbSW3E))PffWsowEs ASSESSORAND"COLLECTOR OFTAXC, BRAZOS COUNTY,TEXAS ZIP.76712 0 4151 County Park Ct. ;02 4w $006-96 F .• ..0000348436 MAY. 18.2021. Bryan,Texas 77802 . 7-bH rj87,iI' Oi7.6ix-$-;89'.7821 � . RETURN SERVICE REQUESTED —' OPEC ( . ' , . - - -- • � ��a • . _.. IMMENATIELY �:�'�F:'•"kyr ls^�':j+�`.r">y r'�:Y«'i �a,�• �•a W�lYF' ':R-'4','.sl•:Kl�:•.t;,T„h,. A -:1..'-+`'.•"4 '�' ,, •a•,��s»�'�.• + 7tr �.v_.y„3e:.�;'l`..'��r� Y;•.+Y:'.�'7�.•:• ••r: !S.i o• • ,��,. r. v'lca�yr,w:ry' Ijl�:4•v a''....a:• �.af, �',' a;: f')'�Y�'1: <.:..�3 E :!5=���ti• �:.B2,0C �J� Z'S moi%•;>v. rt a �y"'- - . av'3'"k.'.,'._.`.i ;,1'C�'� �` y9E;R=:( ;'•Ss"T ..ill��,•. 1''.��.k ,r+ ri v; f y • ,- •. .- � i('yl£�' �ba���E.�L;su,�tys::.'".'��,,,Yti:.e+?• •�:•. �.�:,r,��'_r ,.��ip,���.-§ +t•• ,.�;oriA�Tl1��C't-'`SK'a��;'��s"r .':R�.6,Cs'1.:D,R ,y..4- �•` 4w r !. „1.KI•'-.:AZ�i85`7h .G'.�9 l G�i: c `s St MTFK1:93.33.-I y�.. Y \ 'i 120.237 FN7D v Mg gm SE N•fl 5.i V{j,.:•�'.iv C:�l�.�i,' Y.. t4.�n...�:Y� yrr PEEErr�Il1(l'i'�'(Y' [1:�•(7F.i• ifi � ii�(�I�� ! �r� 4. g`t�.� <,s_,i(-„ a c,acl',•-e:t:r�!:r t,! �:g��cr,1�.,f�t[C'�i(�•'i w' —°[i' Vol.. Kristeen Roe,CTA,PCC Brazos County Tax Assessor/Collector 4151 County Park Ct Bryan TX 77802 979-775-9930 979-775-9938 Fax REFUNDS PENDING 08/17/2021 REQUESTOR Robert&Anne Cain ADDRESS 3201 Bran us Rd Georgetown Tx 78628-1808 OWNER NAME ABCain Investments LLC PROPID# 303762 REFUND AMOUNT 39.95 REQUESTOR Cline Daren&Marlene ADDRESS PO Box 12001 College Station Tx 77842-2001 OWNER NAME Cline Daren&Marlene PROPID 33773 REFUND AMOUNT 1 $20.00 REQUESTOR Austin Bryan ADDRESS 9559 Grassbur Rd Bryan Tx 77808 OWNER NAME Travis Bryan III Family I.I.C. PROPID# 39428 REFUND AMOUNT $110.26 REQUESTOR Brooks Robert&Kathleen ADDRESS 1211 King Arthur Cir College Station Tx 77840 OWNER NAME Brooks Robert&Kathleen PROPID# 20762 REFUND AMOUNT $269.36 REQUESTOR KGM Rental LLC ADDRESS %Kenny Melesky PO Box 505 Millican Tx 77866-0505 OWNER NAME KGM Rental LLC PROPID# 419595 REFUND AMOUNT 1 $978.00 REQUESTOR KGM Rental LLC ADDRESS %Kenny Melesky PO Box 505 Millican Tx 77866-0505 OWNER NAME KGM Rental LLC PROPID# 393400 REFUND AMOUNT $2519.91 REQUESTOR Corelo is ADDRESS 3001 HackberrV Rd Irving Tx 75063 OWNER NAME Dan&3udy Missleton PROPID# 110025 REFUND AMOUNT $2681.09 E I. �J _..__.. Kristeen Roe,CTA,PCC Brazos County Tax Assessor/Collector 4151 County Park Ct Bryan TX 77802 979-775-9930 979-775-9938 Fax REQUESTOR Frontier Title Company ADDRESS 166 Century Ct Ste 210 College Station Tx 77840 OWNER NAME Tamara Jackson PROP ID# 29852 REFUND AMOUNT $9.16 REQUESTOR OCONNELL ROBERT&BARBARA ADDRESS 6152 E SHIP ROCK DR TUCSON AZ 85756-9753 OCONNELL ROBERT E&BARBARA PROP ID# 8885360 REFUND AMOUNT $10.00 REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROPID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT BRAZOS COUNTY,TEXAS BUDGET AMENDMENT(S)FOR THE 2020-2021 BUDGET YEAR NO.20/21 44.1—44.3 On this the 17th day of August 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 17th day of August 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 17th day of August 2021. THE CONMSSIONERS COURT OF BRAZOS COUNTY,TEXAS. By: Duane Peters,County Judge Original: County Clerk's Office and Attached to the original budget V0 I. al Pg. �__ BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20/21-44.1 811712021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Information Technology- General Fund Information Technology Services Contractual Services 5000.00 Information Technology- General Fund Information Technology Services Repair and Maintenance 5.000.00 Information Technolo Reallocation of funds to the appropriate d artments account to cover computer maintenance for the remainder of FY 22. attmant A "roval nnp Date x81!!2021 a �inFk f Co _wuilge Appro'Oal _-. - Eor.Atceunt,, ut .Pu 6b!�WOni FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 14000200 71020000 CR Computer Contracts 5000.00 01000 14000200 65150000 DR Computer Maintenance 5000.00 Vol. Pg. � BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121-44.2 811712021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Information Technology- General Fund Non Capital Departmental upport 528.81 Human Resources-Non General Fund Capital Departmental upport 528.87 Information Technology and Human Resources Reallocation of funds to the appropriate de artmeafs account to fora replacement printer. 'nnp CoLnty_Ie'gpploval Poc:Aetoontro Ar'o§es•Ont"�:;.:.�'�.,,� .^..:�.�_.�,,:G.c't�i.�.:..."z�..::.c�i:t.F..,.,'.,_.��s.,�; FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 06000 14000006 60500000 CR Equipment&IT Enhancements 528.87 06000 15000006 60500000 DR Equipment&IT Enhancements 528.87 �!®I. pg. Q150 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20/21-44.3 8117/2021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Court Support-Civil Contractual Services 13 10.00 Court Support- General Fund Guardianship Contractual Services 13 510.00 Court Support Civil and Court Support-Guardianship Reallocation of funds to the appropriate de artinenes account to cover the Family Eldercare contract for the remainder of FY 22. a� ettl r .5. iz xaussData r r r.,� � ,s L.-_.. val _ _ SPP_- 5 <s'^' SS JI ` • C ty_udgeeAAPProval FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 11020000 72194000 CR Guardians 13 510.00 01000 11050000 72201000 DR Court Appointed Attorneys-CCL#1 13,510.00 Vol. pg.--9� PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 08-17-2021 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 Juvenile Detention Alegun, Aiboje Change of Status Approved in Commissioners' Court: 08-17-2021 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Pg Vol 3]9i Personnel Change of Status (Aug 12,2021) Commissioners'Court Date: 08-17-2021 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Employment Department Name Employee Name .,. Risk Management-Administration Agorichas,Nicholas District Clerk Archival Alvarado,Sarahy Brazos Center-Administration Davis,Harry Separations 'Department Name Employee Name ; County Agriculture Extension- Holloway,Jennifer Administration Juvenile Services-JJAEP- Reyes Romano,Juan Community Based Juvenile Services-TJJD- Yanez,Aaron Commitment Diversion Approved in Commissioners'Court:08-17-2021 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) FVOL Pg° ���