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HomeMy WebLinkAbout2021-09-21 10:00AM REGULAR MEETING 4i FILED FOR RECORD Z 0 DATE / 7 h N �L AT Y 30'CLOCK G_ —M ' t ' KAREN MCQUEEN �-4RAZOS COOTY CLERK I o F s By - BRAZOS COUNTY B RYAN, T EXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON SEPTEMBER 21, 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 • -Invocation-Commissioner Ford • -U.S. Flag-Leonora Owre, District 4 Director of the Texas Society of the Daughters of the American Revolution • Texas Flag - Mrs. Faye Hartfiel, First Vice Regent, La Villita Chapter Daughters of the American Revolution 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3-25 3. Proclamation 21-011 declaring September 17-23, 2021 as Constitution Week. 4. Proclamation 21-013 designating October 3-9, 2021 as National 4-H Week in Texas. 5. Approval of the following Job Descriptions: • a.Administrative Attorney- D.A. Child Protective Services (130408) • b.Administrative Specialist(Information Technology)2080 (131223) • c.Assistant Voter Registration Coordinator(Elections Administrator)2080 (130 164) • d.Attendants (Exposition Complex) 1040 (130833) • e. Clerk and Scanner(Records Management Fund)2080 (138109) • f. Clerk I I I (Tax Accessor Collector)2080 (132345) • g. Community and I ntergovemmental Affairs Liaison (County Judge)2080 (130243) • h. Lead Investigator Warrant Officer(County Attorney)2080 (130524) • i. Legal Administration Secretary(D.A. Child Protective Services)2080 (130409) Vol. Pg. �, • j. Medical Clerk(Health and Wellness Clinic)2080 (130286) • k. Senior Manager(Exposition Complex)2080 (130857) 6. Request by Juvenile Services for approval to submit an application to the Texas Juvenile Justice Department, and if awarded, accept grant funds in the amount of $385,782.40,with no required match,for the Discretionary State Aid Prevention and Intervention Projects. 7. Request by Juvenile Services for approval to submit an application to the Texas Department of Agriculture, and if awarded, accept grant funds in the amount of $5,000.00, with no required match, for the 2021 National School Lunch Equipment Assistance Grant. 8. Request from Road and Bridge for a Payment Authorization to CME Testing and Engineering, I nc. in the amount of$2,149.10. Cost of services exceeded maximum Purchase Order amount. 9. Request approval of Payment Authorization for reimbursement to Scott Biddle for purchase of Steel Target holders to be used at bi-annual qualifications of County Attorney Investigators. Purchase was made directly from manufacturer and offered a 40%discount if purchased immediately. Purchase order was not obtained in advance. 10. Request approval of the proposed Road and Bridge 2022 Holiday Schedule option which is equivalent to the standard approved (88-hour)2022 County Holiday Schedule. 11. Approval the Amended Notice of Election for the November 2021 Election removing Christ United Methodist Church as a vote center. 12. Approval of the Community Supervision and Corrections Department I nteriocal Cooperation Contract. 13. Approval of the following Community Support Contracts for FY 2022: • a. Aggieland Humane Society • b. Amber Alert Network Brazos Valley • c. Big Brothers Big Sisters of the Brazos Valley • d. Brazos County Precinct 3 Volunteer Fire Department, Inc. • e. Brazos Maternal & Child Health Clinic, Inc. • f. Brazos Valley Council of Governments for Indigent Health • g. Health For All, Inc. • h. Junction 505 • i. National Alliance on Mental Illness Brazos Valley, Inc. • j. Scotty's House Child Advocacy Center • k. South Brazos County Fire Department, Inc. 14. Amendment#1 to Contract#21-141 R for Medical and Health Services for the Brazos County with Dr. Joel Richards. 15. Approval of Contract#21-146 for ERP Integration Support with PMCS Services, Inc under D I R Contract D I R-TSO-3942. 16. Approval of agreement#22-031 License Agreement for Odyssey Ware with Edgenuity, Inc.for Juvenile Department. 17. Approval of Easement Agreement for Drainage with Piraino Properties, LLC for the 2.161 acre tract recorded in Volume 13131, Page 048 Official Public Records of Brazos County, Texas. 18. Approval of the Final Plat of Indian Lakes Subdivision Phase XXXIX (39), Lots 1-13, Block 50; 23.344 Acres; J.M. Barrera Survey,A-69; City of College Station ETJ, Vol. 3a�' ____ pg. 110 ll. Brazos County, Texas. Site is located in Precinct 1. 19. Approval of the Final Plat of Rustic Oaks Phase 2 Block 4 Lots 7R &9R being a Replat of Rustic Oaks Phase 2 Block 4, Lots 7, 8 &9; 8.28 Acres; Brazos County, Texas. Site is located in Precinct 2. 20. Tax Refund Applications for the following: Overpayments a. Divided Investments LLC -$10.90 b. Divided Investments LLC -$6.66 c. Trinity Crushed Concrete-$8.47 21. Budget Amendments. Budget Amendments FY 20/21 49.1 -49.6 22. Personnel Change of Status. • a. Employment& Separations • b. Personnel Action Forms 23. Payment of Claims. 24. Convene into Executive Session pursuant to the following: • a. Texas Government Code§551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. • b. Texas Government Code §551.0725 to deliberate business and financial issues related to a contract being negotiated. 25. Consider and possible action on Executive Sessions. 26. Juvenile Director's report on detention population. 27. Sheriff's report on inmate population. 28. Announcement of interest items and possible future agenda topics. 29. Call for Citizen input and/or concerns 30. Adjourn. Vol. Pg. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters,both on and off the agenda,and be limited to four minutes per person.Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court,with both judicial and legislative powers,created under Article V,Section 1 and Section 18 of the Texas Constitution.As a Constitutional Court,the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code.Accordingly,members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court;in participating in public discussions before the Court;and in all actions in the presence of the Court.Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting.Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member(or members)of the public to insult the honesty and/or integrity of the Court,as a body,or any member or members of the Court,or County employees,individually or collectively.Accordingly, profane,insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated.Violation of these rules may result in the following sanctions: 1.cancellation of a speaker's time; 2.removal from the Commissioners Court; 3.a Contempt Citation;and/or 4.such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting.During the public comment period,speakers may address matters not listed on the published agenda.The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However,responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public.To ensure the public has notice of all matters the Commissioners Court will consider,the County Judge and/or Commissioners may choose not to respond to public comments,except to correct factual inaccuracies,recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda.See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court.The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building,200 South Texas Ave.,Suite 106, Bryan,TX77803 is wheelchair accessible. Handicap parking spaces are available.Any request for sign interpretive services must be made two working days before the meeting.To make arrangements,please call(979)361-4102. Vol. pg. 02 T E O p rYOFs+� MINUTES SEPTEMBER 21, 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, September 21, 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. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance • -Invocation- Commissioner Ford • -U.S. Flag- Leonora Owre, District 4 Director of the Texas Society of the Daughters of the American Revolution • Texas Flag - Mrs. Faye Hartfiel, First Vice Regent, La Villita Chapter Daughters of the American Revolution The Invocation was given by Commissioner Ford, followed by the Pledges. The U.S. Flag Pledge was led by Leonora Owre, District 4 Director of the Texas Society of the Daughters of the American Revolution and the Texas Flag was led by Faye Hartfiel, First Vice Regent, La Villita Chapter Daughters of the American Revolution. 2. Call for Citizen input and/or concerns Vol. �J � pg. l ` J There was no Citizen input. Consider and take action on agenda items: 3-25 3. Proclamation 21-011 declaring September 17-23, 2021 as Constitution Week. The County Judge read aloud Proclamation 21-011 declaring September 17 through 23, 2021 as Constitution Week. The District 4 Director of the Texas Society of the Daughters of the American Revolution, Leonora Owre thanked the Court and stated that the Constitution is the cornerstone of our freedom and she respects the Court's dedication to protect it. She then introduced the members present from the La Villita Chapter Daughters of the American Revolution. The County Judge presented the proclamation to the members.A copy of the Proclamation is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 4. Proclamation 21-013 designating October 3-9, 2021 as National 4-H Week in Texas. The County Judge read aloud Proclamation 21-013 designating the week of October 3 through 9, 2021 as "National 4-H Week" in Texas. The Court commends the 4-H Youth Development Program of the Texas A&M AgriLife Extension Service and the many men and women who have made the program a success. Officers of the 4-H County Council introduced themselves to the Court and the County Judge then presented the proclamation to the 4-H members. A copy of the proclamation is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 5. Approval of the following Job Descriptions: • a.Administrative Attorney- D.A. Child Protective Services (130408) • b.Administrative Specialist(Information Technology)2080 (B1223) • c. Assistant Voter Registration Coordinator(Elections Administrator)2080 (130164) • d.Attendants (Exposition Complex) 1040 (130833) • e. Clerk and Scanner(Records Management Fund)2080 (138109) • f. Clerk I I I (Tax Accessor Collector)2080 (132345) • g. Community and Intergovernmental Affairs Liaison (County Judge)2080 (130243) • h. Lead Investigator Warrant Officer(County Attorney)2080 (130524) • i. Legal Administration Secretary(D.A. Child Protective Services)2080 (130409) • j. Medical Clerk(Health and Wellness Clinic)2080 (130286) • k. Senior Manager(Exposition Complex)2080 (60857) A copy of the job descriptions is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 6. Request by Juvenile Services for approval to submit an application to the Texas Juvenile Justice Department, and if awarded, accept grant funds in the amount of $385,782.40,with no required match,for the Discretionary State Aid Prevention and Intervention Projects. Motion:Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 7. Request by Juvenile Services for approval to submit an application to the Texas Department of Agriculture, and if awarded, accept grant funds in the amount of $5,000.00,with no required match,for the 2021 National School Lunch Equipment Assistance Grant. Motion:Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 8. Request from Road and Bridge for a Payment Authorization to CME Testing and Engineering, Inc. in the amount of$2,149.10. Cost of services exceeded maximum Purchase Order amount. Motion:Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 9. Request approval of Payment Authorization for reimbursement to Scott Biddle for purchase of Steel Target holders to be used at bi-annual qualifications of County Attorney I nvestigators. Purchase was made directly from manufacturer and offered a 40% discount if purchased immediately. Purchase order was not obtained in advance. .Judge Peters stated that he understands this request arose from an unusual circumstance but he would prefer that County Purchasing regulations be adhered to in the future. Commissioner Cauley felt that the 40 percent discount justified the Payment Authorization in this situation. Motion:Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 10. Request approval of the proposed Road and Bridge 2022 Holiday Schedule option which is equivalent to the standard approved (88-hour)2022 County Holiday Schedule. The Court approved as submitted the following Road and Bridge holidays for 2022: January 3-4, 2022 - New Year's Day January 17-18, 2022 -Martin Luther King Jr. Day April 15, 2022 - Good Friday May 30, 2022 - Memorial Day July 4, 2022- Independence Day September 2 & 5, 2022 - Labor Day November 24-25, 2022 -Thanksgiving December 22-27, 2022 -Christmas Vol. 3-4� pg. Il Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 11. Approval the Amended Notice of Election for the November 2021 Election removing Christ United Methodist Church as a vote center. A copy of the amended notice is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 12. Approval of the Community Supervision and Corrections Department Interlocal Cooperation Contract. A copy of the I nterlocal Cooperation Contract is attached. Motion:Approve, Moved by Commissioner Nancy Bevy, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 13. Approval of the following Community Support Contracts for FY 2022: • a. Aggieland Humane Society • b. Amber Alert Network Brazos Valley • c. Big Brothers Big Sisters of the Brazos Valley • d. Brazos County Precinct 3 Volunteer Fire Department, Inc. • e. Brazos Maternal & Child Health Clinic, Inc. • f. Brazos Valley Council of Governments for Indigent Health • g. Health For All, Inc. • h. Junction 505 • i. National Alliance on Mental Illness Brazos Valley, Inc. • j. Scotty's House Child Advocacy Center • k. South Brazos County Fire Department, Inc. A copy of the Community Support Contracts is attached. Motion:Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 14. Amendment#1 to Contract#21-141 R for Medical and Health Services for the Brazos County with Dr. Joel Richards. A copy of the amended contract is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 15. Approval of Contract#21-146 for ERP Integration Support with PMCS Services, Inc under D I R Contract DIR-TSO-3942. A copy of the service contract is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. Vol. eL pg..L� 16. Approval of agreement#22-031 License Agreement for Odyssey Ware with Edgenuity, Inc.for Juvenile Department. 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. 17. Approval of Easement Agreement for Drainage with Piraino Properties, LLC for the 2.161 acre tract recorded in Volume 13131, Page 048 Official Public Records of Brazos County, Texas. A copy of the agreement is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 18. Approval of the Final Plat of Indian Lakes Subdivision Phase XXXIX (39), Lots 1-13, Block 50; 23.344 Acres; J.M. Barrera Survey,A-69; City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 1. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 19. Approval of the Final Plat of Rustic Oaks Phase 2 Block 4 Lots 7R & 9R being a Replat of Rustic Oaks Phase 2 Block 4, Lots 7, 8 & 9; 8.28 Acres; Brazos County, Texas. 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. 20. Tax Refund Applications for the following: Overpayments a. Divided Investments LLC -$10.90 b. Divided Investments LLC -$6.66 c. Trinity Crushed Concrete-$8.47 Motion:Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 21. Budget Amendments. Budget Amendments FY 20/21 49.1 -49.6 49.1 Transfer funds from Information Technology to County Clerk. 49.2 Transfer funds from Information Technology to County Judge. 49.3 Reallocate funds for Justice of the Peace, Precinct 1. Vol. 9 o j - The foregoing minutes of the Commissioners Court Meeting held September 21, 2021 have been examined and are approved in open Court this 12th day of October 2021, in Bryan, Brazos County, Texas. Duane Peters Steve Aldrich County Judge Commissioner, Precinct 1 Russ Ford Nancy Be Commissioner, Precinct 2 Commissioner, Precinct 3 Irma Cau e Commissioner, Precinct il"', Attest: aren McQueen County Clerk pg. Vol. �l PaL°Ta BRO S COUNTY. CONMSSIONER' S COURT all DAY O Name Organization (P�ESE,PRINT) (PLEASE PRII\TT) C A laj:h=� A;� �r���od Colv�rn Ys7VAI 0 s COLk H L/ LIS 6mu,� Run-N., 1&020S (OU0 elo� o� a CUuvl `per, V� �_ w,;�-► v 2 scouv)+Ln R- H by q- 4 r vol. `3 091 pg. OI BRAZO S CO TTY. coNEvl[s SIO R' s COURT ,,�DAY OF 520 ,Z 0� Name Organization (PLEASE PRINM (PLEASE PRIM 0-,htry/ (ICA i U ze z & - 5�u� Rc;�N f) A 2 witf t Pa Of BRQ S COUNTY. CONEvUS SIO1 R' S COURT DAY OF o o , Name Organization (PLEASE PRINT (PLEASE PRENT LxAa • ��' sko lieT � L 60 Piweu-+ A �4 Zee IV 1) &.4 (JI/Me- PAP,- UT�n ✓1 G7 i�1�7�1fG�� ( l I _ I bmad 1&46<Aq bp t'LE t a`!GH�A VOL 54� o . ISI 49.4 Transfer funds from Non Capital Fund to Tax Office. 49.5 Transfer funds from Facilities Services to Sheriff's Office, Jail. 49.6 Transfer funds from Facilities Services to Sheriff's Office. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 22. 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. 23. Payment of Claims. Claims 8110058-8110274 9003007-9003086 Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 24. Convene into Executive Session pursuant to the following: • a. Texas Government Code §551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. • b. Texas Government Code §551.0725 to deliberate business and financial issues related to a contract being negotiated. At this point the County Judge announced that the Court would consider items 26 through 29 and then return to convene into Executive Session. Having considered the previously noted agenda items, Civil Counsel Bruce Erratt submitted a written determination that deliberation in an open meeting would have a detrimental effect on the position of the Court in negotiations with a third party. A motion was offered by Commissioner Cauley to meet in closed Executive Session as per Mr. Erratt's recommendation. The motion was seconded by Commissioner Berry and motion passed unanimously. At 10:26 a.m. the County Judge announced the meeting closed to the public, so the Court could convene into Executive Sessions a and b as stated above. The following individuals were asked to stay for the sessions: Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, Civil Counsel Charles Wendt, Purchasing Director(b) Fred Paine, County Engineer(b) Colton Greer, Intern to the County Judge Motion:Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 25. Consider and possible action on Executive Sessions. At 11:00 a.m. the County Judge announced the meeting open to the public. He then announced there would be no action on Executive Session a. Commissioner Cauley offered a motion, seconded by Commissioner Berry to authorize Legal and Purchasing to send a non-renewal letter to the Texas PACE Authority. The motion passed unanimously. Motion:Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Cauley, Ford, Peters. 26. Juvenile Director's report on detention population. Juvenile Director Linda Ricketson reported there are 33 juveniles in the detention center, 27 are male and 6 are female, and 22 have electronic monitors. There are 8 youth in isolation as per medical protocol for new intakes. 27. Sheriff's report on inmate population. Sheriff Wayne Dicky stated there were 579 inmates in jail,498 inmates are male and 81 are female, 26 have electronic monitors and 6 are pending for processing. There are 50 inmates positive for COVI D-19 and 224 inmates are in quarantine. There are 8 staff members positive for COVI D-19 and 3 are in quarantine. 28. Announcement of interest items and possible future agenda topics. Commissioner Berry encouraged everyone to participate in the demo of the new voting machines from 9:00 AM to 12:00 PM today, September 21, 2021. Judge Peters echoed Commissioner Berry's comments. Risk Manager Leslie Contreras introduced new Safety Coordinator Nick Agorichas. 29. Call for Citizen input and/or concerns There was no Citizen input. 30. Adjourn. y,�ARE 0 T� _ Fb gN Proclamation Constitution Week WHEREAS September 17,2021 marks the two hundred thirty fourth anniversary of the drafting of the Constitution fortheUnited States of America by the Constitutional Convention;and WHEREAS It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary,and to the patriotic celebrations which will commemorate the occasion; and WHEREAS Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17-23,2021 as Constitution Week. NOW,THEREFORE,BEITPROCLAIMED that the Brazos County Commissioners Court does hereby proclaim the week of September 17-23,2021 as Constitution Week AND urges our citizens to reaffirm the ideals which the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties,remembering that lost rights may never be regained,and to express gratitude for the privilege of being an American in a Republic which functions under the oldest Constitution still in active use today. PROCLAIMED this da of Septemb r 2021. Duane Peters,County Judge Commissioner Steve Aldrich Commissioner Russ Ford Precinct 1 Precinct 2 Commiss ner Nancy Berry Commissioner Irma Ckiley Precinct 3 Precinct 4 0 °rE�' _ i y� � �x M y>yJ^ -,e°'—*,''s -• R � #., x .: } .k e...� r .& RY k r ui* H #. >°' _#'3'. �..,�.7',..;Cd.'N,. t,'�.s-i 0,1,.a6 ..:.tet n.,.:.. .1u:.YP:,.'t.aY ...�...;z'.�.,.�7r+5F�.n ..,..:a i.�. .: ...� u- Rn 1 -✓: ; .,-u-_. Proclamati* on WHEREAS,The Brazos County Commissioners Court is proud to honor the 4-H Youth Development Program of the Texas A&M AgriLife Extension Service for 114 years of providing experience-based education to youngsters throughout the Lone State State;and WHEREAS,This admirable program,which seeks to provide a Learning experience for the whole child, including head, heart, hands,and health, helps young Texans to acquire knowledge,develop life skills, and form attitudes to enable them to become self-directed, productive, and contributing members of our society;and WHEREAS, Its more than 550,000 urban,suburban,and rural youth participants, ranging in age from eight to nineteen,hail from diverse ethnic and socioeconomic backgrounds and truly represent a cross- section of the state;and WHEREAS,The program undoubtedly could not have achieved the success that it has today were it not for the service of its more than 22,000 volunteers,who have given generously of their time,talents, energies,and resources to the youth of Texas;and WHEREAS,Throughout its proud history,the 4=H program has developed positive role models for countless Texans and through its innovative and inspiring programs,continues to build character and to instill the values that have made our state strong and great; now,therefore, be it RESOLVED,The Brazos County Commissioners Court, hereby designated October 3-9,2021 as National 4-H Week in Texas and commend the 4-H Youth Dev ment Program of the Texas A&M AgriLife Extension Service and the many women have made e p ogram a success. County Judge Commissioner Precinct 1 Commissioner Precinct 2 L LAM�. Contihissioner Precinct Commissioner ecinct 4 4.1 L= Date rMl k; 0 YrL"J .• rQ�, p Brazos County Template Revislon 1.2 08115/2012 Job Description ��� Last Updated: September 2021 Class Number: 80408 Title: Administrative Attorney Pay Group: NA Department: D.A. Child Protective Services FLSA Status: Exempt Reports To: District Attorney Approved Date: EEOC Category: Professionals General Summary: This position requires a thorough knowledge of law enforcement and Child Protective Services(Texas Department of Family and Protective Services) procedures and is directly responsible for the handling of Child Protective Services cases.Additional duties will include assisting with Juvenile cases, Asset Forfeitures and Bail Bond Forfeitures.Additionally,all prosecutors may be required to assist with other functions and duties within the office as assigned by their Supervising Attorney and/or the District Attorney. Essential Duties: Represents Child Protective Services at contested and uncontested emergency hearings,adversary hearings,status hearings,permanency and other statutory and/or special hearings,bench trials,and jury trials.Drafts all pleadings and file in accordance with state and local rules.Prepare outgoing discovery requests as required and respond to incoming discovery requests in a timely manner.Reviews and/or revises all discovery responses and requests to ensure that all discovery devices are complete and accurate.Monitors the status of cases from removal to termination while pursuing the resolution most beneficial to children and families.Observes all deadlines imposed by statutes or the courts.Interacts routinely with CPS,law enforcement,opposing counsel,judges,witnesses,expert witnesses,medical personnel,and other community professionals. Resolves pending matters through mediation at the local Dispute Resolution Center(DRC)or with a court-appointed mediator.Documents investigation results derived from abuse and/or neglect allegations and collaborate with CPS to determine the appropriate pleading to file based on the facts provided by CPS personnel.Consults with CPS to advise and respond to legal questions regarding cases and the sufficiency of grounds to file legal pleadings.Supervises legal administrative assistant in preparation of paperwork and assign duties as required. A PPR Other Duties as assigned. Supervision ua a Peters Received: District Attorney rOunty Judge "are Given: N/A Education Required: A Bachelor's degree(B.A.)from a four-year college or university and a J.D.(law)degree are required. Preferred: A Bachelor's degree(B.A.)from a four-year college or university with a focus in social work,psychology, criminal justice,or related field and a J.D.(law)degree. Experience Required: Prior family law,child welfare law,and/or child support experience. Preferred: Prior prosecution experience is preferred but not required. Certificates, Licenses, Re istrations Required: Must have Texas Law license and be in good standing with the State Bar of Texas. Preferred: N/A Physical Demands vol. Typical' The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job.Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job,the employee is regularly required to sit;Requires full range of body motion including manual and finger dexterity and eye-hand coordination.Requires standing and walking for extensive periods of time.Use hands to finger,handle,or feel;reach with hands and arms;and talk and hear. The employee frequently is required to stand and walk.The employee must occasionally lift and/or move objects weighing up to 20 pounds,such as files,stacks of records,or other similar objects.Specific vision abilities required by this job include close vision,and ability to adjust focus. Knowledge, Skills, & Abilities Typical' Criminal law and procedure;constitutional law;prosecution of felony criminal cases;legal research and writing; persuasive speaking techniques;and personal computers. Work Environment Typical' The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job.Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. While performing the duties of this job,the employee is constantly required to work under time pressure to complete tasks,to perform multiple tasks simultaneously,to work closely with others as a part of a team,to switch from one task to another,to perform tedious and exacting work,and to work overtime and/or an irregular schedule.The noise level in the work environment is usually moderate,however,occasionally it may be loud. Vol. p,,77r�-G uF titl . OC�� 'S v+ Brazos County Template Revision 1.2 OB/152012 Job Description 8�� Last Updated: September 2021 Class Number: B1223 Title: Administrative Specialist Pay Group: 15 Department: Information Technology FLSA Status: Non Exempt Reports To: Chief Information Officer Approved Date: EEOC Category: Office and Clerical General Summary: Processes purchase orders and requisitions;maintains up to date records of outstanding purchase orders and payments made;monitoring budgets and expenditures.Processing annual maintenance contract renewals.Prepare training and travel requirements for the department. Essential Duties: Utilizes clear understanding of. 1. County purchasing rules and procedures 2. State purchasing agreements,DIR,BuyBoard,GSA contracts 3. Training and travel rules and procedures,and 4. County HR policies and payroll procedures to 1. Obtain competitive quotes 2. Verify available department budget 3. Determine appropriate account codes 4. Generate requisitions to obtain Purchase Orders 5. Order county equipment and software,prepare annual contract renewals,and order consumable stock 6. Obtain Return Merchandise Authorizations 7. Process invoices within the required point of time B. Maintain department budget and expenditure spreadsheet(s) Prepare training and travel requirements 9. Process personnel action forms for new and departing employees Maintains filing system using Laserfiche software;Generate registrations for training,conferences,travel advances and reimbursements; Verifies receipt of equipment/software licensing prior to processing invoices for payment;Provide copies of paperwork to the appropriate departments; Performs general administrative and clerical duties,including copying,scanning,purchasing office supplies,answering phones,and greeting visitors; Assists in the preparation,monitoring and control of the annual budget.Some overtime and/or weekend/holiday work may be required.Other duties may be assigned. APPROVED Other Duties as assigned. Supervision Couiaty Judge Received: Chief Information Officer Given: This is a non-supervisory position. Education Required: High school diploma or equivalent,or any equivalent combination of education and experience which provides the required knowledge,skills,and abilities. Preferred: BA or BS in Computer Science,Management Information Systems,Technology Management,or related field. Experience Required: To perform this job successfully,an individual must be able to perform each essential duty satisfactorily.The requirements listed below are representative of the knowledge,skill,and/or ability required.Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: One year of purchasing or general office experience. Certificates, Licenses, Registrations Required: None required. Preferred: Ph sical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job.Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.While performing the duties of this job,the employee is regularly required to sit;use hands to type;reach with hands and arms;and talk and hear.The employee frequently is required to stand and walk.The employee must occasionally lift and/or move objects weighing up to 40 pounds,such as computers,printers,stacks of records,or other similar objects.Specific vision abilities required by this job include close vision,and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Business and government accounting principles;laws,policies,and procedures affecting county government purchasing and solicitation of quotes;Basic bookkeeping and filing procedures;purchasing policies and procedures.Operate standard office equipment,including fax machine,copy machine,and PCs;operate standard word processing and spreadsheet software;read,analyze,and interpret various financial data, policies,and procedures;balance accounts;maintain accurate records of purchase orders and requisitions,as well as payments made and goods or services received;communicate effectively,both orally and in writing; and establish and maintain effective working relationships with county employees,vendors,and the public. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job.Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.The noise level in the work environment is usually moderate but may be noisy or distracting.The employee is required to perform multiple tasks simultaneously and to perform tedious and exacting work.The employee may be required to work closely with others as part of a team or perform required job functions remotely,to work under time pressures to meet deadlines,and to work in emergency situations. pg. Vol. dL pili op P a •% F Brazos County C, •.oy Job Description I -, of g��" Last Updated: September 2021 Class Number: B0164 Title: Assistant Voter Registration Coordinator Pay Group: 16 Department: Elections Administrator FLSA Status: Non Exempt Reports To: Election Administrator Approved Date: EEOC Category: Office and Clerical General Summary: Performs a variety of clerical duties for the Elections Administrator Office. Oversees the daily operations of voter registration staff to Insure work Is handled In an efficient manner. Assist the Elections Administrator in implementing office policies and procedures. Trains existing and new staff, including full and part time employees. Facilitates all special projects such as duplicate voters,limited and provisional ballots. Processes all guardianship,abstracts and examinations. Essential Duties: Other duties may be assigned. Assists the public in person,by telephone,and by mail concerning department information,researching records, filling out forms,and resolving relevant problems;Performs general clerical duties as required,including filing,scanning,indexing,recording information,and making copies. Assist the Voter Registration Coordinator with supervising the daily duties and work of voter registration staff. Processes voter registration applications,including reviewing applications,entering valid applicants in computer,printing and mailing voter certificates and notices of incomplete applications and suspense notifications. Provides voter registration applications and Information to public. Updates voter information including name and address changes,deletion of voters no longer eligible,and processes and tracks convicted felons for voting and jury wheel purposes. Works to provide the most accurate information for election processes in Brazos County. Assists with documentation of volunteer deputy voter registrars and tracks and documents assigned inventory. Must maintain current knowledge of the Texas Election Code as it affects Voter Registration processes. Assists with preparation of electronic poll book equipment for each election cycle. Assists with training of volunteer deputy registrars. Handles all special projects such as researching the duplicate voter files received from Secretary of State;all procedures for limited ballots including sending notice-to appropriate county and entering the information and recording the voting history into TEAM;all procedures for provisional ballots including research the provisional applications,updated the information and recording the voting history in TEAM;processes all guardianship paperwork,abstracts of death and notices of examinations for voters;and other projects as received from the Secretary of State. Assists with mass mail out by processing the returned voter certificates that are undeliverable by the post office. Coordinates voter registration deadlines for each election within the county. Coordinates staff with the post-election process of applications. End of year wrap up Including packing the years records according to record retention,making new folders and setting up new electronic files. Other Duties as assigned. -Supervision . Received: This is a non-supervisory position. Given: Education Required: High school graduation or its equivalent,plus at least six months of office experience,or any equivalent combination of education and experience which provides the required knowledge,skills,and abilities. Preferred: Practical experience with the Secretary of State's TEAM computer system in voter registration and election preparation. Ex erience Required: To perforin this job successfully,and Individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge,skill,and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. . Preferred: APPROVED \.71�)J.L_=_� Duane Peters Date C JudLe Vol. . 130 Certificates, Licenses, Registrations Required: None Preferred: Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.While performing the duties of this job,the employee is regularly required to sit;use hands to finger,handle,or feel;reach with hands and anus;bend and kneel;and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 25 pounds,such as books,stacks of records and poll book computer units. Specific vision abilities required by this job include close vision,distance vision,and ability to Knowledge, Skills, & Abilities Typical: Standard office practices and procedures,including handling cash and making change.Operate computers and standard office equipment;read and understand manuals,journals,policies and procedures,and office memos;write form letters,memos,and accurate telephone messages;perform basic mathematical calculations,including making change;communicate effectively,both orally and in writing;and maintain effective workina relationships with co-workers and the general public. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team;to perform tedious,exacting work,and to switch from one task to another. The employee is frequently required to perform multiple tasks simultaneously,and to work under time pressures to meet deadlines. Vol. '� Pg- �3 own P OF N Brazos County Template Revision 1.2 WWI # � t y Job Description e�P"� Last Updated: September 2021 Class Number: B0833 Title: Attendants Pay Group: 09 Department: Exposition Complex FLSA Status: Non Exempt Reports To: Event Supervisor, Event Coordinator&All Managers Approved Date: EEOC Category: Service/Maintenance General Summary: Performs and monitors daily operational responsibilities including janitorial duties,responsibilities and maintenance of the Brazos County Exposition Complex including setting-up,cleaning and tearing-down events. Essential Duties: Cleans meeting and event rooms,including sweeping,vacuuming,and taking out trash;Cleans restrooms,including using commercial chemicals to remove stains/odors and keeps them free of litter.Strips,waxes,buffs,and scrubs floors as needed and instructed.Keeps all floors dusted,mopped, and vacuumed;Assist in painting and other maintenance projects as necessary;Operates a vacuum cleaner and hand cleaning materials,supplies and equipment;Cleans windows,doors,floors,water fountains,and furniture;Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex;Keeps janitorial and storage areas clean and organized;Must be willing to work various hours as needed including nights,weekends,holidays,etc.;Communicates with Exposition Complex administrative assistant/secretary regarding janitorial supply inventory;Assists as necessary in inventory control including equipment and consumables;Sets up/tears down meeting and event rooms,including stages,dance floors,tables,chairs and equipment and assists setup and/or tear down;Ability to operate light to moderate equipment such as tractors with implements,forklifts and skid steer loaders is a plus;Sets up/tears down rodeo equipment, horse stalls,cattle ties,panels and pens;experience operating a cash register is a plus. Other Duties as assigned. Supervision Received: Event Supervisor,Event Coordinator&All Managers Given: This is a non-supervisory position. Education Required: High school graduation or Its equivalent;or any equivalent combination of education and experience that provides the required knowledge,skills and abilities. Preferred: Experience Required: At least one year of related work experience. Preferred: Some experience in operating a tractor and/or related equipment is preferred. APHROWIn Certificates, Licenses, Re istrations Required: None. , 2( Preferred: S e County Judge Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.While performing the duties of this job,the employee Is regularly required to sit;Requires full range of body motion including manual and finger dexterity and eye-hand coordination.Requires standing and walking for extensive periods of time.Use hand to finger,handle,or to feel;reach with hands and arms;bend and kneel;and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 100 pounds,such as bags of mulch and rocks. Specific vision abilities required for this job include close vision,distance vision,and the ability to adjust focus. Vol. p Knowledge, Skills, & Abilities Typical: Safe operation of custodial and maintenance equipment,including the safe use of commercial cleaning chemicals.Ability to follow oral and written instructions;ability to learn the proper use of janitorial equipment and supplies;ability to make minor repairs;ability to communicate and work effectively with co-workers;ability to perform physical and strenuous work;and an ability to understand and follow Brazos County safety policies. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.The noise level in the work environment is frequently loud. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously,and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. The employee may be exposed to extreme weather conditions. Vol. Pg. Brazos County Template Revision 1.208/1612012 6 * Job Description rrr of enc Last Updated: September 2021 Class Number: B8109 Title: Clerk and Scanner Pay Group: 10 Department: Records Management Fund FLSA Status: Non Exempt Reports To: Records Manager Approved Date: EEOC Category: Administrative Support General Summary: Convert hard copy documents into electronic images via a scan process including all peripheral support and obligations.Ability to use and assist other with the use of Laserfiche software. Convert Microfiche film into digital documents. Essential Duties: Prepare and scan hard copy documents.Audit and track production. Complete special projects as assigned to facilitate the management of county records. Move boxes from 35 to 50 pounds. Fully experienced in computer applications. Other duties as assigned. Under direct supervision, this position is responsible for accurately scanning a high volume of pages to convert printed material into digital images. Responsible for transferring of paper records to an electronic version. Covert Microfiche film into digital documents to be stored. Prepares the paper records for scanning by removing all staples, paperclips, and non-scannable items. Operates the electronic scanning equipment to produce computerized images of the original. Set scanner parameters as identified for each job to ensure accurate handling per client specifications.Audit completed process for accuracy. Document production activity as required. Responsible for the timeliness,completeness,consistency, accuracy,and security of the documents. Will maintain the confidentiality of each client by adhering to all State and Federal confidentiality laws,as well as, protect the confidentiality of client information in accordance with company policies and legal requirements. Communicate with The Director and other team members to ensure accuracy and completeness of all responsibilities. Assist other team members with document preparation and all other duties as assigned by supervisor.Train internal clients on scanner usage.Special projects to facilitate the management of county records APPRO t - �l��lz� Duane Peters Date County Judge Other Duties as assigned. Supervision Received: From Records Management Director. Given: N/A Education Required: High School Diploma or GED. Preferred: N/A Experience Required: One-Year experience working in an office team environment; One-Year general com uter experience. Preferred: Certificates, Licenses, Registrations Required: N/A Preferred: N/A Physical Demands Typical: Ability to move around, sit for up to 8 hours, and perform repetitive motion as required by job needs.Ability to lift and carry 35 to 50 pounds. Knowledge, Skills, & Abilities Typical: Ability to operate scanner.Ability to operate Microfiche scanner Work Environment Typical: Indoor Climate controlled. Professional atmosphere requiring corresponding attire and attitude. Occasional activity in non-climate-controlled warehouse/storage environments containing levels of dust and possible allergens. v®lo pg. pj6 OF Brazos County Template Revision 1.2 08/15/2012 �.� Job Description of e�� Last Updated: September 2021 Class Number: B2345 Title: Clerk III Pay Group: 15 Department: Tax Assessor/Collector FLSA Status: Non Exempt Reports To: Tax Assessor/Collector Approved Date: EEOC Category: Office and Clerical General Summary: Performs a variety of clerical and cashier duties for the Tax/Assessor Collector's Office. Clerk III is the Senior Clerk position. The job duties include all responsibilities of Clerk I and Clerk Il with additional responsibilities that include assisting the Administrative Clerks. Essential Duties: Other duties may be assigned.NOTE: All Tax Office Employees report to the Tax Assessor/Collector through the Chief Deputy. Please refer to Tax Office Organizational Chart.Assists the public in person,by telephone,and by mail concerning department information,researching records,filling out forms,and resolving relevant problems;Performs general clerical duties as required,including filing,scanning,indexing,recording information, and making copies. Property Tax Clerk Receives and processes property tax payments in person,and through mail. Assists taxpayers with questions and general information on payment of taxes,homestead eligibility,trust/payment agreements and processes requests for tax certificates.Must assist with refund/overpayment documentation.Assists with beer and liquor license renewals by verifying tax information. Assists bookkeeping department with cash balancing duties.Balances cash drawer with work on a daily basis.Assists Supervisors with balancing and reporting duties for various taxing jurisdictions.Must maintain a current knowledge of Texas Property Tax Code. Motor Vehicle Clerk Processes vehicle registration applications,including receiving payments and issuing sticker/receipts.Processes vehicle title transfers,Including assisting customers with required documentation and examination of title paperwork for accuracy and completion.Processes various permit applications. Assists with processing beer and liquor license renewals,including receiving payments and issuing receipts.Assists bookkeeping department with cash balancing duties.Must maintain current knowledge of Texas Transportation Code as it affects registration and title processes. APPR7 q 1 Other Duties as assigned. —Supervision Duane Pet-&-W-R Received: County Juuge Given: This is a non-supervisory position. Education Required: High school graduation or its equivalent,plus at least six months of office experience,or any equivalent combination of education and experience which provides the required knowledge,skills,and abilities. Preferred: Experience Required: To perform this job successfully,and individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge,skill,and/or ability required. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. Preferred: Vole po �� g Certificates, Licenses, Registrations Required: None Preferred: -Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.While performing the duties of this job,the employee is regularly required to sit;use hands to finger,handle,or feel;reach with hands and arms;bend and kneel;and talk and hear. The employee frequently is required to stand and walk.The employee must frequently lift and/or move objects weighing up to 20 pounds,such as books and stacks of records.Specific vision abilities required by this mob include close vision distance vision and ability to ad'ust focus. Knowledge, Skills, & Abilities Typical: Standard office practices and procedures,including handling cash and making change.Operate computers and standard office equipment;read and understand manuals,journals,policies and procedures,and office memos;write form letters,memos,and accurate telephone messages;perform basic mathematical calculations,including making change;communicate effectively,both orally and in writing;and maintain effective working relationships with co-workers and the general public. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations maybe made to enable individuals with disabilities to perform the essential functions.The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team;to perform tedious,exacting work,and to switch from one task to another. The employee is frequently required to perform multiple tasks simultaneously,and to work under time pressures to meet deadlines. Vol. � 2 pg, 13� N Brazos County Template Revision 1.208/16=12 a Job Description oJYTr of Ptio Last Updated: September 2021 Class Number: B0243 Title: Community and Intergovernmental Affairs Liaison Pay Group: 22 Department: County Judge FLSA Status: Exempt Reports To: Chief of Staff/Legal Officer Approved Date: EEOC Category: Administrative Support General Summa!y: This Position works on behalf of the County Judge's Office to perform community and intergovernmental relations tasks and projects.This Position also requires flexibility and a broad range of interpersonal and professional skills to perform any potential duty assigned. Essential Duties: • Develop effective working relationships needed to advance policy priorities with County staff,elected officials,nonprofit organizations, and the public • Attends local,regional,and state meetings and committee hearings • Analyze prospective grants for availability and requirements as requested by the Commissioners Court and help facilitate communication between Commissioners Court and other entitles including vendors,departments and offices within the county • Compose and prepare memos,policies,and reports • Track local,state,and federal legislation that may Impact Brazos County during Texas's legislative sessions • Initiate and maintain formal and informal networks within County departments,seeking opportunities to make the department visible as to services and benefits offered • Work with governmental and nongovernmental organizations to recognize and cultivate economic development opportunities for Brazos County • Works with the community nonprofits and outreach organizations. • Performs special projects and conducts research and analysis for the Chief of Staff/Legal Officer and/or other departments as assigned • Responsible for making decisions and handling all situations which arise with tact,diplomacy,and maturity • Give Presentations and Trainings as required or needed ���0 • Attend Trainings and Conferences as needed. ��2, /�► Duane Peters Date County Judge Other Duties as assigned. Supervision Received: Chief of Staff Given: None Education V0 I. . 13$ 9 Required' Bachelor's degree in political science,public policy,communications,or related field required. Preferred: Master's degree in public administration,public policy,business administration,or a related field preferred. Experience Required: Two years of relevant experience required. Preferred: Knowledge of local,state,and federal government processes.County government experience. Certificates, Licenses, Re istrations Required: N/A Preferred: N/A Physical Demands Typical: Regularly required to sit,stand,walk,talk,and hear.May occasionally lift and/or move objects of low to moderate weight.Frequently works under time pressures to meet deadlines. Knowledge, Skills, & Abilities Typical' Establish and maintain effective working relationships with county employees,representatives of governmental agencies,various community organizations,and the public;communicate effectively,both orally and in writing; and operate standard word processing software. Work Environment Typical' The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job.Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. voI.. pg. rE. Brazos County Template Revision 1.208/15/2012 Job Description r' F Last Updated: September 2021 Class Number: B0524 Title: Lead Investigator Warrant Officer Pay Group: 24 Department: County Attorney FLSA Status: Non Exempt Reports To: County Attorney Approved Date: EEOC Category: Protective Service Workers General Summary: Serves warrants and performs booking procedures;transports witnesses and prisoners;provides investigative support to all attorneys in the County Attorney's Office;reviews cases received, including contacting victims,witnesses,and suspects;serves subpoenas for witnesses to testify in court;interviews and assists attorneys in preparing witnesses to testify;assists with hot check investigations;and provides courtroom security during arraignments. Essential Duties: Serves warrants and performs booking procedures for various offenses; Transports prisoners and witnesses to and from courthouse; Contacts and victims,witnesses,and suspects in cases,and attempts to resolve cases out of court whenever possible; Gathers evidence and assists attorneys in building cases which are presentable in a court of law; Serves subpoenas for witnesses called by the court; Interviews witnesses and victims prior to court and assists attorneys in preparing them to testify; Assists with the hot check functions of the office,including locating check writers; Conducts preliminary forgery investigations; Assists the Family Violence unit in protecting applicants for protective orders; Serves protective orders and writs of attachment; Prepares reports; Provides security for the courtroom during arraignments; Attends mandatory training courses and seminars; Assists the public,on the telephone and in person,with questions regarding warrant of arrest and related legal and departmental policies and procedures; Assists attorneys with cases in any way that is necessary;Assists other law enforcement agencies and personnel as necessary; Performs various administrative duties as necessary,including making photocopies,sending faxes,typing reports,and filing documents; Maintains service records on Department vehicles;and May assist with the training and supervision of Investigator Section personnel. APP$ Other Duties as assigned. Supervision _ ®lo9o 140' Received: From County Attorney Given: This is a supervisory position. Responsible for supervision of other County Attorney InvestigatorMarrant Officers. Education Required: Requires a bachelor's degree in criminal justice or a related field;or any equivalent combination of education and experience which provide the required knowledge,skills and abilities. Preferred: • Experience Required: At least two(2)years of investigative experience. Preferred: Certificates, Licenses, Re istrations Required: Intermediate Certificate from the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE). Preferred: Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job.Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.While performing the duties of this job,the employee is regularly required to sit;use hands to finger,handle,or feel;reach with hands and arms;bend and kneel;and talk and hear.The employee frequently is required to stand and walk.The employee must frequently lift and/or move objects weighing up to 20 pounds,such as books and stacks of records,and occasionally must lift and/or move objects weighing 100 pounds or more.The employee may occasionally be called upon to perform acts of intense physical exertion during emergency situations. Specific vision abilities required by this job include close vision,distance vision,peripheral vision,color vision,and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Criminal and civil law;investigative techniques;standard police and court procedures;computers;and standard office practices and procedures.Operate computers,including performing word processing functions;read and understand civil and criminal statutes and legal documents,letters and memos;write reports,letters,and memos;operate office equipment,such as copy machine and facsimile machine;communicate effectively,both in person and over the phone orally and in writing;and maintain effective working relationships with co- workers. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job.Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.While performing the essential duties of this job, the employee must constantly work under time pressures to meet deadlines,perform multiple tasks simultaneously,to perform tedious and exacting work,and to work closely with others a part of a team.The employee is frequently required to work overtime and/or irregular hours and the employee is frequently exposed to the possibility of danger or physical abuse.The noise level in the work environment is usually moderate. Vol. P9 g P •�.f T F '^ Brazos County Template Revislon1.20811512012 Job Description 'I, OF �� Last Updated: September 2021 Class Number: 80409 Title: Legal Administration Secretary Pay Group: NA Department: D.A. Child Protective Services FLSA Status: Non Exempt Reports To: Assistant District Attorney Approved Date: EEOC Category: Office and Clerical General Summay: Prepares complaints,types motions,judgments,petitions,letters,and other documents,issues warrants;performs trial research,works arraignments,maintains defendant files and listings of seizures,failures to appear,and bond account information;prepares various reports;and performs various secretarial duties. Essential Duties: The essential duties of this position include,but are not limited to,the following:Preparing various legal documents,including warrants,statements,petitions,judgments,motions,orders,dismissals,briefs,letters,and subpoenas.Maintaining defendant files, including receiving,monitoring,and filing citations,recording judgments,and closing the files.Maintaining listing of seizures,failures to appear,and bond account information.Performing various secretarial duties,including making copies, running errands,and processing mail.Performing various functions related to grand jury settings,including preparing unindicted files for presentation and distributing grand jury notices to witnesses.Maintaining calendar for setting notices.Answering phone calls regarding the status of cases. Preparing and distributing Intake disposed lists to law enforcement agencies.Communicating with law enforcement agencies, including obtaining prior convictions,discussing cases, issuing warrants,and other information.Typing motions for revocations and process for warrants. Performing trial research,including making phone calls,writing letters,and gathering background information on witnesses.Assisting the receptionist as needed,including answering the telephones,transferring calls,and taking messages. Preparing various reports as needed Other Duties as assigned. Supervision Received: N/A Given: N/A Education Required: High school diploma plus three years of experience in a related field Preferred: Bachelor's Degree in social work,psychology,or a related field Experience Required: At least three years of experience In a related field,plus a working knowledge of CPS/DFPS practices,policies, and/or procedures Preferred: At least five years of experience In a related field,plus a working knowledge of CPSIDFPS practices,policies, and/or procedures Certificates, Licenses, Registrations Required: None Preferred: None �L Dua-n—e Peters Date bounty udge voi. 4,2, pg. I LP J-J. Ph sical Demands Typical' The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job.Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Knowledge, Skills, & Abilities Typical: State and county laws and statutes,legal procedures,CPS/DFPS practices,policies,and/or procedures,basic bookkeeping functions,computers,and standard office practices and procedures. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job.Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job,the employee is constantly required to perform multiple tasks simultaneously,and to work closely with others as a part of a team.The employee Is frequently required to work under time pressures and to perform tedious and exacting work.The employee is occasionally required to switch from one task to another.The employee may experience varying periods of Idle time interspersed with emergencies requiring intense concentration.The noise level in the work environment is usually moderate. Vol'. F '^ Brazos County Template Revision 12 051152012 Job Description of Last Updated: September 2021 Class Number: 80286 Title: Medical Clerk Pay Group: 14 Department: Health &Wellness Clinic FLSA Status: Non Exempt Reports To: Medical Director, NP/PA, and LVN/RN Approved Date: EEOC Category: Clerical General Summary: The Clinical Assistant/Medical Assistant is responsible for assisting patients obtain services in a timely manner and assuring efficient utilization of the provider's appointment schedule and in the coordination of patient care. This position administers and coordinates referrals and service authorization process, in addition to, performing other clinic front desk activities. Carries out all duties while maintaining compliance and confidentiality and promoting the mission and philosophy of the Brazos County Health &Wellness Clinic(BCHWC). Under clinical and administrative supervision and directive, may provide clinical medical tasks to the employees of Brazos County and their families, as well as, provide healthcare to residents of the Brazos County Detention Center, Brazos County Juvenile Detention Center, and contracted sites. Essential Duties: Schedules, edits, and maintains patient physician appointments for new and returning patients, using the electronic health record system.Assures appropriate verifications and authorizations are complete before patient sees provider. Maintains clean and orderly exam rooms, hallways and work areas. Effectively responds to inquiries from patients, their relatives and/or referring physicians on services, and provides accurate information in a positive and timely fashion. Acts as a patient advocate, coordinator and liaison for BCHWC in dealing with the community.Acts as non-clinical liaison/concierge/navigator for the patient in any way to meet the patient's needs before, during, or after an encounter including education materials, and referral processing. Maintains equipment, monitors inventory and ordering of medical and/or office supplies. Organizes and triages at incoming phone calls, incoming and outgoing faxes, and other office related duties such as assisting with scheduling health education classes and off-site lab screening, preparing promotional material and distributing notification of these events. Performs other job-related duties as assigned by nursing leadership or provider. Contribute to the timely flow of the Brazos County Health and Wellness Clinic patient population in an efficient, effective and timely fashion.Assist in the timely ordering of clinic supplies and vaccines. Present educational lectures on medical topics to the staff and patient population. Assist in maintaining a safe, clean clinic and protecting the confidentiality of each patient by maintaining HIPAA Compliance. Cultivate a climate of trust and compassion with the patients. Comply strictly with safety standards and regulations when performing clinical tasks assigned by clinical and/or administrative staff. IPPR TTbQ,,, Other Duties as assigned. Supervision Received: Nurse/Provider(s)/Clinic Director Duane Peters Date County Judge Given: None. Education Required: High School Diploma or GED equivalent, and Medical Assistant Certificate/Diploma from an approved school/institution or equivalent documented training (i.e. military medic, EMT, etc.),AND three(3)to five(5)years of experience in a clinical setting as a Medical Clerk supporting clinic office activities. Preferred: Ex edence Volo pg. ��� .Required: Any combination of education and experience that has been achieved and is equivalent to the stated education and experience and required knowledge, skills, and abilities sufficient to successfully perform the duties and responsibilities of this job. Preferred: Bilingual preferred. Certificates, Licenses, Registrations Required: Graduate of an Accredited Medical Assisting or Paramedic Program and/or a Certified Medical Assistant. BLS (obtained within 6 months of employment). Must pass required background checks.Vaccinations required: HepB, TDap, yearly influenza.TB screen within 6 months of employment. r Preferred: Physical Demands Typical: Requires full range of body motion including manual and finger dexterity and eye-hand coordination. Requires standing and walking for extensive periods of time. Subject to standing,walking, sitting, repetitive motion, reaching, climbing stairs, bending, stooping, kneeling, crouching, crawling, pushing, pulling, balancing, client/customer contact, squatting to perform the essential functions. Occasionally lifts and carries items weighing up to 50 pounds. Requires corrected vision and hearing to normal range. Requires working under stressful conditions or working irregular hours. Requires exposure to communicable disease or body fluids. Knowledge, Skills, & Abilities Typical: Knowledge of: File management and techniques and software. Principle and procedures of record keeping. Computer software including word processing spreadsheets, databases, presentation and related software packages. Business English, spelling, and basic arithmetic, letter writing, grammar and punctuation, and report preparation. Knowledge of and compliance with HIPAA regulations. Skill In:Working with customers both in person and on the telephone. Resolving complex problems. Both verbal and written communications.Ability To: Resolve customer issues and maintain a production schedule. Compile data and present it in a clear and comprehensive manner. Understand and carry out verbal and written directions. Establish and maintain effective working relationships with department clientele, representative of outside agencies and other County employees and officials and the general public. Work Environment Typical: Frequent exposure to communicable diseases, toxic substances, and other conditions common to a clinic environment. pt6 ep Brazos County Template Revision 1.2 08/15/2012 Job Description �GrTr of e�cLast Updated: September 2021 Class Number: 80857 Title: Senior Manager Pay Group: 2B Department: Exposition Complex FLSA Status: Exempt Reports To: General Mgr. BC Expo/BV Fair and Rodeo Approved Date: EEOC Category: Officials and Administrators General Summary: Primarily responsible for managing all events at the Brazos County Exposition Complex. Also,assists in marketing events as needed for all facilities at the Exposition Complex.Assist General Manager in day to day operation of the Expo and Fair.Become knowledgeable of budgeting and salary processes.Work toward assuming role as General Manager. Essential Duties: Performs event coordination functions for the Exposition Complex including serving as a primary team member in event planning,management and evaluation;Is responsible for directing the Manager for Expo Operations and the Marketing&Sales Managers as needed in primarily marketing and sales for all facilities at the Exposition Complex;Is responsible for serving as a primary contact person for assigned outside event clients including the execution of the contract through the post event evaluation meeting; Assists customers as needed on the telephone and in person with planning events to be held in all facilities at the Exposition Complex,including explaining all policies,procedures,and contract requirements;Assists the Marketing&Sales Managers in coordinating and maintaining the master schedule of all events to be held at the Exposition Complex;Works with and supervises the full-time and part-time/temporary Facility Operations Assistants and Buildings and Grounds Attendants in coordinating set-up and tear-down activities for all events;Distributes Complex event information to local,public and private organizations;Assists in maintaining records of all assigned events held at the Expo Complex facilities;Assists the Marketing&Sales Managers for in performing bookkeeping functions,including posting fees,and deposits to the accounts receivable ledger,and preparing various monthly,and semi-annual financial reports;Confers with General Manager concerning event scheduling requirements and procedures;Exercises discretion and independent judgment as necessary in performing professional responsibilities;Must be willing to work various hours as needed including nights,weekends,holidays,etc.; Other Duties as assigned. Supervision Received: General Mgr.BC Expo;Senior Mgr.1 BC Expo Given: Assists in supervising event personnel and building and grounds personnel,including assigning and reviewing work and recommending personnel actions. Education Required: A Bachelor of Science degree in a related field;or any equivalent combination of education and experience that provides the required knowledge,skills,and abilities. Preferred: Experience Required: None. Preferred: 2-3 years of professional experience is preferred. Certificates, Licenses, Registrations Required: None. Duane]Peters Date Preferred: County Judge Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions.While performing the duties of this job,the employee Is regularly required to sit;Requires full range of body motion Including manual and finger dexterity and eye-hand coordination.Requires standing and walking for extensive periods of time.Use hand to finger,handle,or to feel;reach with hands and arms;bend and kneel;and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 50 pounds,such portable stall panels.Specific vision abilities required for this job include close vision,distance vision,and the ability to adjust focus. o � 1 Vol. pg. �`�f Knowledge, Skills, & Abilities Typical' Methods and practices used in event planning,coordination and management;accounting and bookkeeping principles and practices;office management;and personnel policies and procedures.Operate a computer, including word processing and spreadsheet software;read and interpret policy,manuals,and written instructions;balance accounts and prepare financial documents;communicate effectively,orally and in writing; and work effectively and cooperatively with co-workers. Work Environment Typical' The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team to perform multiple tasks simultaneously,and switch from one task to another. The employee is frequently required to work under time pressures and meet deadlines. r � BRAZOS COUNT.',TEXAS GRANT APPLICATION APPROVAL FORM Date: September 15,2021 Requesting Department: Juvenile Services Grant Title: Discretionary State Aid Grant-Prevention and Intervention Projects Granting Agency: Texas Juvenile Justice Department Amount Requested: $385,782.40 Grant Term(Begfflnd): October 15,2021 through August 31,2022 Project Description: - 1Nraparound services for moderate to•high-rlsk,youth,youth retiuning from residential treatment,youth at risk of removal from the community,and thesiblingsof justice involved youth.The goal is to reduce the recidivism rate and prevent young siblings of probation youth from enteringthe Juvenile justice system.The Service Provider will provide services to the entire family and ensure connections to community providers are made to assist with basic needs,barriers to employment or underemployment. Will this grant fund salary&benefits? 0 Yes � No Is there County Match requirement? El'yes Fv-] No Are there financial reporting requirements? 0 Yes F] No Who will be reporting? Juvenile Services *Please include all available backup documentation with the approval form. All grants are contracts between Brazos County and the granting agency and should be approved by Commissioners Court priox anon omission. orized Signature d by Co ission Court on this day of Mw Commissioners Court Approval Vol. 34 pg. l� TEXAS APPLICATION FOR GSJUSTICE FUNDING JU TIC E E 1 DEPARTMENT Department Name:Brazos.Ccunty DateSubmitted:9/15/2021 Submitted by:Lupe M.Washington Date Required: 10 01 2021 GRANT OFFERED: DSA-Prevention and Intervention Projects PROGRAM FOCUS: (Please describe the target population and service for which funding is requested. Attachments maybe Included to support the narrative,) TARGET POPULATION: (1)Describe the problem to be addressed with the proposed project,including target population and service gap(s)to be filled. Detail how the proposed target population and program was determined,how it addresses the grant project goals identified in the request for application and how it will benefit the region. Applicants for regional service projects must demonstrate the level of regional support for the proposed project, Applicants for other projects may include letters of support from other programs In the region. The target population is males and females ages 10-17 who have been released from residential placement(aftercare youth),or on STAR on (a form of intensive supervision),youth with moderate to high risk level needs;or are the siblings of these justice involved youth.The goal is to provide wraparound,family focused,neighborhood based services to youth,their siblings at risk of entering he justice system,and the family unit as a whole.There is currently a gap in prevention and early intervention efforts In Brazos County. Providing the siblings of youth already Involved in the system with academic assistance and neighborhood resources will hopefully help divert them from the juvenile system.There is also a ga p In services provided to entire family units.Many times youth returning from residential placement or at risk of being removed from their homes,are part of families who do not have basic needs met,have mental health needs,or suffer from unemployment or underemployment.This program will allow the Service Provider to work with the entire family and address needs or barriers;and make referrals to community based resources when needed,The Service Provider may also assist with providing transportation assistance when needed. SUPPORTING DATA: (2)Provide documentation to support the extent of the problem to be addressed by the proposed program. The goal of the program is to reduce the"eecid vIsm rate of these high and moderate risk youth,as well as prevent their siblings from entering the juvenile Justice system,When a similar program was funded,the outcomes were very promising,and the recidivism rate was decreased in year three by 18%.The data for prevention and early intervention .services Is limited in Brazos Coun ,as the services have never been provided. PROGRAM APPROACH (Please describe the program approach to be used and how the proposed approach addresses the gaps In service and target population needs that are the project's focus. Attachments maybe included to support the narrative. APPROACH/INTERVENTIONS: (3)Describe the proposed program in detail,including specific program Interventions,treatment approaches and curricula to be used,and intensity and frequency of services to be provided. Service Provider will Issue comprehensive wraparound services for moderate to high risk needs youth,their siblings and families who live in Brazos County,The program will be implemented with the goal of reducing recidivism rates of PCS-014a (07118) Page 1 of 6 TEXAS APPLICATION FOR GRANT FUNDING JUVEMLB ' JUSTICE i DEPARTMENT youth following their release from residential placement,or while on STAR supervision;and to increase their success in setting and achieving productive and positive goals.Additionally,the Service Provider will work with the siblings of justice Involved youth to decrease their likelihood of entering the juvenile justice system.Working with the family unit as a whole to ensure basic needs are met,assist with eliminating barriers to employment,and providing community resources or Interventions are key to the wraparound model implementation.Services and interventions should be in the least restrictive-setting,be neighborhood based and family focused.Individualized case pians will bedeveloped for each youth,their siblings and family unit.Goals and achievements will be tracked.The service provider must be equipped to provide crisis interventions as needed and be available to the youth and family on a twenty-four hour, seven day a week basis.The hope is for the service provider to help address issues without getting law enforcement or juvenile probation involved,whenever possible. TRAUMA INFORMED CARE: (4)Describe the program's approach to trauma informed care,and the manner in which the approach Is infused throughout the system to include all staff who interact with youth. Service provider shall ensure all staff working in this wraparound program are trained on trauma informed c_are_prior to working with any*referred youth,siblings.orfamily members.Ali juvernlle probation staff undergo trauma Informed care training upon being hired and before being certified as juvenile supervision officers or juvenile probation officers, All staff who interact with the youth are trained to keep in mind that each youth may have unique adverse childhood experiences that may impact how youth form new relationships and establish trust with adults.Service Provider shall ensure any staff who work with youth and families have a thorough understanding of the possible traumas youth may experience. RESEARCH-BASED PROGRAM: (5)Describe how the proposed services are consistent with data-driven and research-based practice forthe target population. Applicants may include attachments demonstrating that a proposed program or service is research- driven. Service Provider will use research-based curricula throughout the phases of the proposed programs.The Office of Juvenile Justice and Delinquency Prevention(0110P)lists several promising,best practice.and evidence based programs that service providers.may use as program models.The programs target re-entry,family focused and neighborhood based approaches to reducing recidivism rates among justice Involved youth. RISK/NEEDS/RESPONSIVITY FOCUS: (6)Describe the way in which a youth's risk-and treatment needs will be Identified and how the program will be responsive to Individual youth strengths and needs. A youth's treatment needs will be identified using the PACT risk assessment at the probation level and by any additional risk/needs assessment used by the Service Provider.The Service Provider will work in conjunction with the juvenile probation officer of record and other department staff to develop an Individualized case plan. The risk and needs of siblings will be measured by the service provider.Individualized case plans will be developed and depending on the needs,a unique service plan will be formulated to address the risks and needs.The Service Provider will work with the youth,siblings,and family to ensure basic needs are met and make referrals to neighborhood based providers,as needed.The Service Provider will be on call 24/7 to help with crisis Interventions.The Service Provider will work to keep youth from being placed in detention whenever possible. CAPACITYAND CAPABILITY; PM014 (07119) Page 2 of Tam A'PLICATTON FOR GRANT FLING JUVENILE 1 • ' JUSTICE DEPARTMENT (7)Provide details regarding the expected level of licensure and/or training of the service providers. Describe the organizational structure In place to support implementation of approaches and Interventions with fidelity. Service Provider will have a Director responsible for the overall implementation and execution of the program.The Director may have a supervisor,support staff and caseworkers.The Director and Supervisor are expected to,at minimum,have college degrees from an accredited college or university;along with three to five years of experience working with at risk youth. While it is preferred that the support staff and caseworkers also possess four year college degrees,they must,at minimum,have a high school diploma or GED.The service provider will ensure all staff working with youth In this program are trained on recognizing and reporting abuse,neglect,and exploitation.And since there may be times when service provider staff will enter the juvenile detention center,all staff must also undergo.training In the Prison Rape Elimination Act(PREA)guidelines.Additionally,all staff working with the service provider must undergo FAST fingerprint background checks,and Department of Family and Protective Services(DFPS)background check prior to beginning any type of services with Justice involved youth and their families,Only staff with no disqualifying backgrounds are eligible to work in this proposed program.The Service Provider will work closely with the Brazos County Juvenile services Department to formulate case plans,activities,and referrals with the overall goal being to keep youth from being placed In detention,sent away to residential treatment or siblings entering the juvenile justice system.The above Is a sample staffing structure:Service Provider may have a different staffing structure,as long as the service components of the grant are met. PROGRAM MEASURES.OF SUCCESS: (Please describe how the program will measure success. Attachments may be Included to support the narrative.) PERFORMANCE MANAGEMENT: (8) Define program output objectives and how they are applicable to the grant project's stated performance measures. The program output objectives are the prevention of youth becoming Involved in the justice system by working with the siblings of youth under the jurisdiction of the Juvenile services department.The goal is to connect the siblings who may be at risk of offending,with community resources and service providers to address any difficulties,deficiencies, academic needs,or mental health interventions the'siblings may be experiencing.Additionally,keeping high to moderate needs youth from re-offending or being removed from their homes in the community will help reduce the recidivism rate. Neighborhood based services in the least restrictive setting Is the goat.Recidivism rates will be tracked on a Yearly basis. DATA MANAGEMENT. (9)Detail the program's plan and methods to collect,track,maintain and report data relative to the grant project's stated performance measures, Service Provider will perform data collection at all levels of service,from the Intake point to program completion. Initial data will be collected upon entry into the program(Intake},program completion,six(6)and twelve(12)months after program completion.The service provider is expected to maintain this data and provide at minimum,monthly reports regarding youths'and families progress.The information will be collected through a computer application system that can produce reports that reflect various program results.Outcome are to be measured in terms of the justice Involved youths,siblings of the youth,and the family units'progress on Individual objectives.The level of Involvement from other community service members and activities must also be tracked and collected.There is an expectation that 80%of youth will successfully complete the program;and that the youth,youth's siblings and family members are linked to community-based resources by the end of their time in the program.Service provider is Expected to produce reports upon request.Justice involved youth and their siblings will remain at home and not in placement within 1.2 months of program completion.They will also become connected to school or other educational PCS-014a (07/19) Page 3 of 6 TEXAS APPLICATION FOR GRANT FUNDING JUVENILE Fe JUSTICE DEFARTMENT Programming and remain connected at least one year of completing the program.Making and keeping these. connections should help reduce the recidivism rate of these high and moderate risk needs youth and keep the siblings from becoming involved with the Juvenile justice system. SUSTAINMENT: (10)Describe the project's pian to sustain the program during and after the grant period. The Brazos County►Juvenife Services Department will work at providing as many wraparound and early intervention services as possible after the grant period. ADDITIONAL PROGRAM INFORMATION. F )Please provide any additional narrative information you believe would be helpful in understanding the proposed gram or service. e goal of this program will be to aid in reducing the recidivism rate of Brazos County youth and add the early ervention component by having the Service Provider Work with the justice involved youth's siblings.Awraparound services program previously funded was successful in reducing the recidivism rate in Brazos County and we would like to bring back that type of program,with the added component of working with probation-involved youth's sibiings. PCS--014a (07/19) FVOLpg. Page 4 of6 I 4 TEXAS APPLICATION FOR GRANT FUNDING JtWENILE 1 JUSTICE DEPI�RTMEIYT COST. (Provide a cost analysis that Includes the total funding requested for the fiscal year,the proposed cost per day to serve a youth in the program and an Itemization of the cost categories Included in the analysis.) Funds per Fiscal Year$385,782.40 Proposed Cost per Day: $42.28 BUDGET DETAIL (Please complete a separate budget detail far each fiscal year of the grant award period. Fill out all sections that apply; f oddklonal space Is needed,another page maybe added, The sum of all"Requested Total Cost"entries should equal the dollar amount indicated in the funding request above.) Progra m or Service Purpose No.to be Served ;12 me Frame Rate Wraparound Services 30 Requested Total. months $42.28 per day Cost Prevention/Intervention 20 $385,782.40. $42.28 per da $ Salaries s&, e LPosition Title Monthly Salary Fringe Requested Tota ICost DIrector $500.00 rvlsor $4225 87 $6,000.00workers(4) $50,710.40$14,0D0.00 $168,000.00ort Staff/Servicesj(2) $5893.33 _.$,70_F7_20.00 $ Supplies c Equipment Items) Item Cost Comments Requested Total Cost Youth Activities/Programs $200 $200 X 12 Months $2,400.00 Office Sup lies $100 $100 X 12 Months Student Supplies(evidence 1,200.00 based curricula) $4'000 $4,000 $4,000.00 �E�$EEEEE�. Travel&Training Purpose No.of People Type of Expenditure Dates Director 1Requested Total Cost Travel-use of Annual $1,120.00 personal vehicle for meetings and outh PCS-014a (07/19) Page 5 of b ---------.. _.. V01. TEX APPLICATION FOR GATT FUNDING JUVENILE 1 JUSTICE DEPAR'TmENT events;at.56 per mile for 2000 miles Use of personal vehicle to attend Supervisor 1 meetings and transport youth as Annual $5,824.00 needed at.56 per mile for 10,400 miles Attend meetings, possible court Caseworkers 4 hearings and Annual transport youth at $23,296 .56 per mile for 41,600 miles Attend tralnings, meetings or assist In Support Stag 2 transporting youth to programs or Annual $2912.00 meetings at,56 for 5,200 miles Other(please describe) Description $15,600 Service Provider Office space rent and utilities for administrative staff and youth groups at $1,300 per month X 12 months Service Provide Meetings for staff development and necessa ry insurances,including Insurance foryouth-$250 permonth $3,000 Office furniture,coati uters,technology for Service Provider office inBrazos.Countyi,00Q Service Provider Indirect expenses related to fiscal duties,human resources functions,lT, _payroll,contracts legal,and executive oversight. $27,0300 LOCALAN-KIND MATCH(NOT ReQUIRED)(Describe any local/In-kind match,if applicable.) N/A PM014a (07119) Vol. Page 6 of 6 LOGIC(MODEL STRiJCTURE(The following table placesprogram information into the structure of a logic model for research-drivenprogram design and must be completed with the DSA application. TJJD staff offer training and materials on the use of this design,includingsample logic models,and are available to offer technical assistance. Please contact Research a t'idtexas.gov. Not all text boxes may be filled,,additional pages may be added as needed) iy Ticsources:*:,(llesaribethestaff: .:";:.' Activities(DestrtbeplrmnedactiNlties, Ou ats:.(Desc'iS,eouforeach•; materials,physical space,midother:;: such as treatmerdsessiom.;or-odw:' :activity;such;as:youth served,number,o€. resources needed forp+ogram! ::: programs imdservices.') :•:::••'. :. ' sessionsdel eere,Cor&(-n nce rate):: :impTemehlation)SecvicePmvidermay.:;: .... : :. .. :.. ... : choose to staff."the ro a•Summary:Service Provider:will execute; •�Siimmacy:'Tlie torel•number of youth' ;.: .;....: p .giarnm:a:di$eieot`: •::• d : f 1 ed b mauner,:the•following is..sample: wtapgrouu se}vices.ordustrar wyo y. :served will;,a 50,to inolude justice:..; ::. . .. :.:. :Youth whR haVe:retumed rom iesrdentiel mv01ved:y0ut :and theitsibl ngs:The •'1]ireetoe tre itmeht orwhd a eatiriskof beurg' .. :: : immlher pf sessions deliyereii;for:eaeh ::;.....:. ::.:iemoved froze►th@ir komes;end sentto < :'..yroufl will.be detemilned by,the results of: :o:Ptogram:Supervisor.: :.:. ..:...:...':r " residential;.lacerArent:in additiorythe ;'': �;the risle/ne assessmentwd;;„,;•;�"::_ '.::Ca'seworkers :°:. ::'.< `;: ;`''::: :: :i Servicel?rgv[derwKiRprovidepievenfiorr'. mdividualized'.4ase:plaPS.,::::';: r. .; i ::.;..:,�:::�:::::�:::..; ;: ::'•:: ��';aad:early iatetyerition services 20 ilie�•!:'; .: � - .. .: :. PP6 Staff. :::....; : . .:•" .:Siblings ofjustice.involvedyouth.::. :;.•: : ':' :: :'::'...: .: ...... . ......„...::::.,........... . . a'Eyideneebased:cuiricula';:;':''..:i. ':::i•• i: Component : ::i a=Begm:worldng with yavtlr prinr;to,;:';: < :o Reduce:cecidivism.rawofyoutli :o:Office Space :..•:..:.......::• ... :. : . - releas :. :.:.. :: :;•::•:a :. ':. .: a ixom placemei atleasf30 days: :::idiiiuirig ftom.fuidentisl place.ent..� v:Computers;: ...:; :• :.......:. .. .... :•:• .• .:.;. :•Teohriolagy::' :.. ::'.:`.::i:€ Camponeut ':: ,:: :.:::a Output2 .::.:.::. :::`.:, ::::': iii •r Woikwithyouth.under the supervision :.:o:FrevenEyouth`finmbeirig sent to o.Required:stafl trainings'' :;: :::'° .-of.axe S'TAR:Unifwho have:at least;six.::A: e"*I)lU6MeId •::'::; ••mouthslbfionprobation., :. •'•lblileage..reimb»rsement:fortransporOng'.:CorgonenC3::' .:'is . .OutpaL3 ' youth : .. . . :.€ : !:Ide ify the siblingaiof probatiuR,Yontli°::' '•Keep the siblings:of probatign:iavolved:. ;rSPec�c bud t re esr:mtd tornl�ri-hid march j..;whQ,may�btr at tisk of offending and:`: ';��:.yoatha'i'ont'entering,the juvenile justice-�. Inlarn+aaon is gathered e15ew(ieie in the: ' ::.i dovelop case�Ians.; System cPplteaAan :': ::Component4. :'•• ::: Output4 Provide individual;:family:and:groop • sessions and activities as-needed::::: :. :.Components::." :.:.. ;.. .,•. ;:Output 5 :. o.-Provide ensisinterventions as needed:..': • ----------- Vol. 3`4 °� Pg. E Brazos County Juvenile Services TJJD Grant Request Wraparound, Prevention and Early Intervention Program September 2021 IEMSMG COIDl'1'IONS: The Brazos County Juvenile Services Department is a medium sized department that provides supervision and services to youth between the ages of 10 and 17 who are alleged and/or found to have engaged in delinquent conduct. In some instances,youth who are adjudicated and found to have engaged in delinquent conduct are temporarily removed from their homes by court order and sent to non-secure or secure residential placements for treatment and rehabilitation. The current recidivism rate for youth released from residential placement remains relatively high. In most instances between 2011 and 2017,the Brazos County recidivism rate was higher than the statewide recidivism rate and the rate for all medium size juvenile probation departments. Data from the Texas Juvenile Justice Department (TJJD) showing the Existing One-Year Recidivism Rates for Brazos County, all medium size juvenile probation departments, and probation departments statewide are below: Brazos County Data for Youth existing non-secure and secure residential placements: . 011 2012 2013 2014 .2015 2016 2017 Column Column Column Column Column Column N Column N N% N% N% N% N% % % 1lIoRC-• : 45.0°h '`48.1%. 46.4°h 51.5% 42.3% 37.8% 52:6% $86UrA::.: -=-;•: :!% ::Offnse....: e = ._ '_:T, :R` a -•'' 55.0°/a 61.9% 63.6°Jo AB.S%b7.7 '47.05' wr.:.::.:.::........ .•..'..;Offended' Re-Offense "M o:Re- "' 67.1% 52.0% 33.3% 33.3% 50.0% 70.0% 37.5% :. 42.9% 48.0% 66.7% 66.7% 80.00/a . . .::::: .•::. ',' ''•:'Offended Vo I Pg. M Statewide Mediums Size Department Data for non-secure and secure residential placements. 2011 2012 2013 2014 2015 2016 2017 Column Column Column Column Column Column N Column N N% N% N% N% N% % % 58.3% 58.9% 64.2% 61,7% 60.5% 60.4% 62.8% 'seclite_ ::'._� .::•:�=_;••,.; tOflense_. . 41.7% 41.1 35.8% 38.3% 39.5% 39.6% 37.2% S_ '_'.';R 7f�Q1iS@, O'_i20==•. 68.1% 51.6% 58.6°/a 68.7% 60.8% 60.0% 67.1°!0 41.90/c 48.4% 41.40/6 41.3% 38.2% 40.0% 42:8% TJJD Statewide Data for non secure and secure residential placements. 2011 2012 2013 2014 2015 '2016 2017 Column Column Column Column Column Column N Column N N% N% N% N% N% % % :Nonce``"':; 'fie=,-: '•::;:TNo Rer._;.' 67.7% 56.0% 88.6% 68.1% 60.1% 60.5%a 59.7% �secure' 42.3% 44.0%" '41:4°!a 41.8% 39.9% 55.0%a 521% 54.9°/a 55.7% 57.4% 67.2% 57.9% "-_ ;j 1="SRi 45.0°/a 47.8% 45.1% 44.3°!0 42.6% 42.8°!0 - 42.'I Note: Updated recidivism rates were requested on April 27, 2021 via email, and have not been received. The Brazos County Juvenile Services Department is applying for a grant through the TJJD for a wraparound treatment program,with an added prevention and early intervention component.The goal of the program is to reduce the recidivism rate among moderate to high-risk youth; as well as work with the sibling of these justice involved youth to prevent entry into the juvenile justice system. The target population is males and females ages 10-17 who have been released from residential placement(aftercare youth), or any youth with moderate to high-risk level needs,and their siblings. The needs to be addressed include lack of adequate parenting,truancy, academic deficiencies,substance abuse issues,and lack of positive neighborhood-based connections. REQUESTED SERVICES The Service provider will provide comprehensive wraparound services for moderate to high-risk youth and their families who reside in Brazos County,The program will be implemented with the goal of reducing recidivism rates for youth following release from residential placement, or prevent the placement of any youth referred, to increase their rate of success in setting and achieving positive goals. Additionally,the Service Provider will work with the siblings of these justice-involved youth who may be at risk of entering the juvenile justice system,To achieve this, the Service Provider will provide youth and siblings with services that include individualized support,family services,and research-based curriculum and group services, Service Provider will coordinate with.the youth, siblings (when referred) and family to develop an Individualized Service Plan that identifies the unique needs of each youth .and his/her family. The Service Provider will connect the family to appropriate community resources that address the identified needs with the goal of continuing services for the youth and family beyond their participation in 2 1 Page V®1. " services.Brazos County expects that these services will also be provided in the home and at the community level. OUTCOME MEASURES Data will be collected throughout a youth's participation. Initial data will be collected upon entry into the program (Intake), program completion, six (6) and twelve (12) months after program completion.The Service Provider should have in place a manner in which to collect data from its individual program activities,enter the data into a computerapplication,and produce reports that reflect various program results. Outcomes will be measured in terms of a youth', siblings and family's progress on individual objectives, entry and program completion forms administered during the program and by the level of involvement with local and community service activities. It is expected that 80% of youth will successfully complete the program in the first year and not .re-offend; and when necessary, each youth will be linked_ with the appropriate community resources by program's end It is also expected that at the end of 12 months at least 80% of participating youth will remain in the community atter going through the program,and not return to a residential treatment facility. Service Provider will submit any and all data and/or reports requested by Brazos County and at the frequency requested. RESOURCES 1EEDED A program design that will include the responsible oversight of a wraparound and prevention and early intervention services for youth and their families.The Service Provider will accept referrals from the Brazos County Juvenile Services Department,review the referrals,and assign the cases to staff members for case management, The caseworker is expected to connect youth, siblings, and families to the appropriate community agencies for enhanced community support;as well as assistance getting probation youth and families to and from necessary treatment or program related appointments.There is also an expectation that the Service Provider be available for after hour or weekend crisis interventions as needed. Service Provider staff is expected to work closely and in collaboration with Brazos County Juvenile Services and all service providers. Additionally, all members of the Service Provider team will go through the necessary criminal history checks, which includes a fingerprint-based background check, child abuse/ neglect check through the Texas Department of Family and Protective Services and Prison Rape Elimination Act(PREA)training.All personnel involved in the performance of this contract or having any contact with youth will comply with the restrictions on offenses committed in compliance with the TJJD requirements, The selected Service Provider shall have extensive years of experience working with at-risk youth and families. Moreover, the. Service Provider should have extensive knowledge of community-based resources located throughout Brazos County. The selected Service Provider shall be required to attend an orientation that will cover the Brazos County Juvenile Services, rules, policies to include but not limited to PREA, abuse and exploitation,neglect,safety and security policies. 3 .I.Page r . r BRAZOS COUNTY,TEXAS GRANT APPLICATION APPROVAL FORM Date: 09/10/2021 Requesting Department: Juvenile Services Grant Title: National School Lunch Program Equipment Grants Granting Agency: Texas Department of Agriculture Amount Requested: $5,000.00 Grant Term(Beg/End): August 24,2021 -August 31,2023 Pro}ect Description: The Texas Department of Agriculture(TDA)is awarding 2021 NSLP Equipment Assistance Grants authorized by the Consolidated Appropriations Act,2021.These grants will allow School Food Authorities to purchase nonexpendable tangible property,with a useful life of more than one year for sites.The 2021 grant minimum equipment acquisition cost per item is$1,000.TDA will use a competitive award process to distribute$3,816,551 in reimbursement grants among the SFA sites that best fit USDA selection factors. Will this grant fund salary&benefits? ❑Yes ✓❑ No Is there County Match requirement? [-�Yes P- No Are there financial reporting requirements? ❑✓ Yes F-1 No Who will be reporting? Brazos County Juvenile Services *Please include all available backup documentation with the approval form. All grants are contr is between Brazos County and the granting agency and should be approved by Co ssioners Court prior to the a licat' n submission. Authorized Signature ved byCo issioner ourt on this day olf Commissioners Court Approval 9 v®i. ego Melissa White From: Gabrielle K.Guevara Sent: Tuesday,August 24,2021 1:28 PM To: Christopher L.Coffey,Melissa White Subject: FW:2021 Equipment Grant- Invitation to Apply From:NSLP Equipment Grants[mailto:NSLPEquipmentGrants@texasagriculture.gov] Sent:Tuesday,August 24,202111:45 AM To:Gabrielle K.Guevara<GGuevara@bra zoscountytx.gov> Subject:2021 Equipment Grant-Invitation to Apply ».......»..».......................................................................................... ....»................................................. ..........................................................................................._...................... 1.Brazos County.:D.isclaimer. This is.an-email from.an.EXTERNAL-source.DO-NOT-click links or:-open attachments unless•youxecognize the ;sender and have verified.that•the co_ntent.is safe.Never enter'USERNAME,PASSWORD or sensitive information on °sa es linked•froin this email***** .. ..»...............»......................................»........................................................................»................................. .............»..................:......:.....................»....................... .... Hello Gabrielle, Brazos County juvenile Services is invited to apply for the 2021 National School Lunch Program(NSLP)Equipment Assistance Grant. The Texas Department of Agriculture(TDA)is awarding 2021 NSLP Equipment Assistance Grants authorized by the Consolidated Appropriations Act,2021,(Public Law 116-260).These grants will allow School Food Authorities(SFAs) to purchase nonexpendable tangible property,with a useful life of more than one year for sites(i.e.,schools).The 2021 grant minimum equipment acquisition cost per item is$1,000.TDA will use a competitive award process to distribute $3,816,551 in reimbursement grants among the SFA sites that best fit USDA selection factors. School Food Authorities(SFAs)will apply on behalf of their sites using TDA's online application.Individual sites will be scored competitively against all other sites.To share the benefit of this grant with as many Texas sites as possible,TDA will give priority to sites that did not receive a prior American Recovery and Reinvestment Act(ARRA)or NSLP Equipment Assistance Grant.Please request equipment grant funds judiciously and realistically to allow TDA to maximize funding. The federal performance period is through September 30,2023.However,SFAs will be required to fully expend the funds by August 31,2023,utilizing appropriate local state and federal procurement methods(specifically,but not limited to Title 7 CFR Part 210.21 and Title 2 CFR Part 200.317-3261)and provide proof of installation of the equipment at the award site. The August 31,2023,expend date is to ensure that invoices are submitted to TDA by the deadline and secure reimbursement to the CE.TDA plans to announce the grant awards in October 2021.The list of awardees will be posted on the Square Meals website.All awardees will be notified via email and US mail. Application period: August 24,2021,through September 30,2021 Award amount: $1,000+ CE Name: Brazos County juvenile Services Vol. �`��' 1 pg. � �� CE ID Number: 1228 Grant Application Password(Unique to your CE3: 911761719E Grant Application Link: 2021 Equipment Grant Application If you have questions about completing the 2021 NSLP Equipment Assistance Grant application,please send an email to NSLPEquipmentgrants@texasagsicult:ure.gov or call 1-877-TEX-MEAL.(839-6325).Your Education Service Center can also provide further guidance. Sincerely, Angela Olige Assistant Commissioner for Food and Nutrition Texas Department of Agriculture 'Federal procurement regulations can be found at httns://ecfr.federalre ig ster o�v/ 9/10121,9:40 AM Electronic Code of Federal Regulations(eCFR) ELECTRONIC CODE OF FEDERAL REGULATIONS e-CFR data is current as of September 8, 2021 Title 7--*Subtitle B Chapter II—►Subchapter A--+Part 210--*Subpart E—>§210.21 Title 7:Agriculture PART 210—NATIONAL SCHOOL LUNCH PROGRAM Subpart E—State Agency and School Food Authority Responsibilities §210.21 Procurement. •(a) General. State agencies and school food authorities shall comply with the requirements of this part and 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415,as applicable,which implement the applicable requirements, concerning the procurement of all goods and services with nonprofit school food service account funds. (b) Contractual responsibilities. The standards contained in this part and 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415,as applicable, do not relieve the State agency or school food authority of any contractual responsibilities under its contracts.The State agency or school food authority is the responsible authority, without recourse to FNS,regarding the settlement and satisfaction of all contractual and administrative issues arising out of procurements entered into in connection with the Program.This includes, but is not limited to source evaluation, protests, disputes,claims, or other matters of a contractual nature. Matters concerning violation of law are to be referred to the local,State,or Federal authority that has proper jurisdiction. (c)Procedures.The State agency may elect to follow either the State laws, policies and procedures as authorized by 2 CFR 200.317, or the procurement standards for other governmental grantees and all governmental subgrantees in accordance with 2 CFR 200.318 through 2 CFR 200.326. Regardless of the option selected, States must ensure that all contracts include any clauses required by Federal statutes and executive orders and that the requirements 2 CFR 200.236 and Appendix II, Contract Provisions for Non-Federal Entity Contracts Under Federal Award are followed.A school food authority may use its own procurement procedures which reflect applicable State and local laws and regulations, provided that procurements made with nonprofit school food service account funds adhere to the standards set forth in this part and in 2 CFR part 200, subpart D,as applicable. School food authority procedures must include a written code of standards of conduct meeting the minimum standards of 2 CFR 200.318, as applicable. (1)Pre issuance review requirement The State agency may impose a pre-issuance review requirement on a school food authority's proposed procurement.The school food authority must make available, upon request by the State agency, its procurement documents, including but not limited to solicitation documents, specifications, evaluation criteria, procurement procedures,proposed contracts and contract terms.School food authorities shall comply with State agency requests for changes to procurement procedures and solicitation and contract documents to ensure that,to the State agency's satisfaction, such procedures and documents reflect applicable procurement and contract requirements and•the requirements of this part. (2)Prototype solicitation documents and contracts. The school food authority must obtain the State agency's prior written approval for any change made to prototype solicitation or contract documents before issuing the revised solicitation documents or execution of the revised contract. https:/lw iw.ecfrgov/cgi-bin/text ldx?SID=cfbO5al7l665bebe32ed992dff 6d258mc1e&node=se7.4.210 121&rAn=div8 1/3 9/10/21,9:40 AM Electronic Code of Federal Regulations(eCFR) (3)Prohibited expenditures. No expenditure may be made from the nonprofit school food service account for any cost resulting from a procurement failing to meet the requirements of this part. (d)Buy American—(1)Definition of domestic commodity or product. In this paragraph (d),the term 'domestic commodity or product'means— (i)An agricultural commodity that is produced in the United States;and (ii)A food product that is processed in the United States substantially using agricultural commodities that are produced in the United States. (2)Requirement. (i)In general. Subject to paragraph (d)(2)(ii)of this section,the Department shall require that a school food authority purchase, to the maximum extent practicable,domestic commodities or products. (ii)Limitations. Paragraph (d)(2)(1)of this section shall apply only to— (A)A school food authority located in the contiguous United States; and (B)A purchase of domestic commodity or product for the school lunch program under this part. (3)Applicability to Hawaii. Paragraph (d)(2)(1)of this section shall apply to a school food authority in Hawaii with respect to domestic commodities or products that are produced in Hawaii in sufficient quantities to meet the needs of meals provided under the school lunch program under this part. (e)Restrictions on the sale of milk.A school food authority participating in the Program, or a person approved by a school participating in the Program, must not directly or indirectly restrict the sale or marketing of fluid milk(as described in§210.10(d)(4)of this chapter)at any time or in any place on school premises or at any school-sponsored event. (f)Cost reimbursable contracts—(1)Required provisions.The school food authority must include the following provisions in all cost reimbursable contracts, including contracts with cost reimbursable provisions,and in solicitation documents prepared to obtain offers for such contracts: (i)Allowable costs will be paid from the nonprofit school food service account to the contractor net of all discounts,rebates and other applicable credits accruing to or received by the contractor or any assignee under the contract,to the extent those credits are allocable to the allowable portion of the costs billed to the school food authority; (ii)(A)The contractor must separately identity for each cost submitted for payment to the school food authority the amount of that cost that is allowable(can be paid from the nonprofit school food service account)and the amount that is unallowable(cannot be paid from the nonprofit school food service account);or .(B)The contractor must exclude all unallowable costs from its billing documents and certify that only allowable costs are submitted for payment and records have been established that maintain the visibility of unallowable costs, including directly associated costs in a manner suitable for contract cost determination and verification; (iii)The contractor's determination of its allowable costs must be made in compliance with the applicable Departmental and Program regulations and Office of Management and Budget cost circulars; (iv)The contractor must identify the amount of each discount, rebate and other applicable credit on bills and invoices presented to the school food authority for payment and individually identify the amount as a discount, rebate, or in the case of other applicable credits,the nature of the credit. If approved by the State agency,the school food authority httos-//www.ecfraov/cal-binitext-idx7SID=ctb05a171665bebe32edgg2dfM76d258mc=tnieannde=sw7.4.91f1 191Rrnn=divR \/a 1'�4-919x►. 1 to 1 9/10/21,9:40 AM Electronic Code of Federal Regulations(eCFR) may permit the contractor to report this information on a less frequent basis than monthly, but no less frequently than annually; (v)The contractor must identify the method by which it will report discounts, rebates and other applicable credits allocable to the contract that are not reported prior to conclusion of the contract;and (vi)The contractor must maintain documentation of costs and discounts,rebates and other applicable credits,and must furnish such documentation upon request to the school food authority, the State agency, or the Department: (2)Prohibited expenditures. No expenditure may be made from the nonprofit school food service account for any cost resulting from a cost reimbursable contract that fails to include the,requirements of this section, nor may any expenditure be made from the nonprofit school food service account that permits or results in the contractor receiving payments in excess of the contractor's actual, net allowable costs. (g) Geographic preference. (1)A school food authority participating in the Program, as well as State agencies making purchases on behalf of such school food authorities, may apply a geographic preference when procuring unprocessed locally grown or locally raised agricultural products.When utilizing the geographic preference to procure such products,the school food authority making the purchase or the State agency making purchases on behalf of such school food authorities have the discretion to determine the local area to which the geographic preference option will be applied; (2)For the purpose of applying the optional geographic procurement preference in paragraph (g)(1)of this section,"unprocessed locally grown or locally raised agricultural products"means only those agricultural products that retain their inherent character.The effects of the following food handling and preservation techniques shall not be considered as changing an agricultural product into a product of a different kind or character: Cooling; refrigerating;freezing;size adjustment made by peeling, slicing,dicing, cutting,chopping, shucking,and grinding;forming ground products into patties without any additives or fillers; drying/dehydration;washing; packaging (such as placing eggs in cartons),vacuum packing and bagging (such as placing vegetables in bags or combining two or more types of vegetables or fruits in a single package);the addition of ascorbic acid or other preservatives to prevent oxidation of produce; butchering livestock and poultry; cleaning fish;and the pasteurization of milk. [53 FR 29147,Aug.2, 1988,as amended at 64 FR 50741,Sept.20, 1999;70 FR 70033,Nov.21, 2005;71 FR 39516,July 13,2006;72 FR 61491,Oct.31,2007;76 FR 22607,Apr.22,2011;77 FR 4153,Jan.26,2012;81 FR 66489,Sept.28,2016] Need assistance? https://w m.ecfrgov/cgi-bin/text-idx?SID=ofbD5al7l665bebe32ed992dffg76d25&mo--true&node- e7.4.210 121&ran=div8 3/3 PROCUREMENT STANDARDS t Back to Top §200.317 Procurements by states. When procuring property and services under a Federal award, a State must follow the same policies and procedures it uses for procurements from its non-Federal funds.The State will comply with§§200.321,200.322,and 200.323 and ensure that every purchase order or other contract includes any clauses required by§200.327.All other non-Federal entities, including subrecipients of a State, must follow the procurement standards in §§200.318 through 200.327. t Back to Top §200.318 General procurement standards. (a)The non-Federal entity must have and use documented procurement procedures, consistent with State, local, and tribal laws and regulations and the standards of this section,for the acquisition of property or services required under a Federal award or subaward.The non-Federal entity's documented procurement procedures must conform to the procurement standards identified in§§200.317 through 200.327. (b) Non-Federal entities must maintain oversight to ensure that contractors perform in accordance with the terms, conditions,and specifications of their contracts or purchase orders. (c)(1)The non-Federal entity must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection,award,or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee,officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.The officers,employees,and agents of the non-Federal entity may neither solicit nor accept gratuities,favors, or anything of monetary value from contractors or parties to subcontracts. However, non-Federal entities may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value.The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees,or agents of the non-Federal entity. (2) If the non-Federal entity has a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian tribe,the non-Federal entity must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization,the non-Federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. (d)The non-Federal entity's procedures must avoid acquisition of unnecessary or duplicative items.Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase.Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. voi. 54'oZ pge f5 (e).To foster greater economy and efficiency, and in accordance with efforts to promote cost- effective use of shared services across the Federal Government,the non-Federal entity is encouraged to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services.Competition requirements will be met with documented procurement actions using strategic sourcing,shared services,and other similar procurement arrangements. (f)The non-Federal entity is encouraged to use Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. (g)The non-Federal entity is encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions.Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost. (h)The non-Federal entity must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.See also§200.214. (i)The non-Federal entity must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to,the following: Rationale for the method of procurement,selection of contract type, contractor selection or rejection, and the basis for the contract price. 0)(1)The non-Federal entity may use a time-and-materials type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk.Time-and-materials type contract means a contract whose cost to a non-Federal entity is the sum of. (1)The actual cost of materials; and (ii)Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. (2)Since this formula generates an open-ended contract price, a time-and-materials contract provides no positive profit incentive to the contractor for cost control or labor efficiency.Therefore, each contract must set a ceiling price that the contractor exceeds at its own risk. Further,the non- Federal entity awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. (k)The non-Federal entity alone must be responsible, in accordance with good administrative practice and sound business judgment,for the settlement of all contractual and administrative issues arising out of procurements.These issues include, but are not limited to,source evaluation, protests, disputes, and claims.These standards do not relieve the non-Federal entity of any contractual responsibilities under its contracts.The Federal awarding agency will not substitute its judgment for that of the non-Federal entity unless the matter is primarily a Federal concern.Violations of law will be referred to the local, state, or Federal authority having proper jurisdiction. [85 FR 49543,Aug. 13,2020,as amended at 86 FR 10440,Feb.22,20211 Vol. 3 � Pgo t Back to Top §200.319 Competition. (a)All procurement transactions for the acquisition of property or services required under a Federal award must be conducted in a manner providing full and open competition consistent with the standards of this section and§200.320. (b) In order to ensure objective contractor performance and eliminate unfair competitive advantage,contractors that develop or draft specifications, requirements,statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to: (1) Placing unreasonable requirements on firms in order for them to qualify to do business; (2) Requiring unnecessary experience and excessive bonding; (3) Noncompetitive pricing practices between firms or between affiliated companies; (4) Noncompetitive contracts to consultants that are on retainer contracts; (5) Organizational conflicts of interest; (6)Specifying only a"brand name"product instead of allowing"an equal"product to be offered and describing the performance or other relevant requirements of the procurement; and (7)Any arbitrary action in the procurement process. (c)The non-Federal entity must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering(A/E)services,geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms,given the nature and size of the project,to compete for the contract. (d)The non-Federal entity must have written procedures for procurement transactions.These procedures must ensure that all solicitations: (1) Incorporate a clear and accurate description of the technical requirements for the material, product,or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition.The description may include a-statement of the qualitative nature of the material, product or service to be procured and,when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible.When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a"brand name or equivalent"description may be used as a means to define the performance or other salient requirements of procurement.The specific features of the named brand which must be met by offers must be clearly stated; and (2) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. (e)The non-Federal entity must ensure that all prequalified lists of persons,firms,or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition.Also,the non-Federal entity must not preclude potential bidders from qualifying during the solicitation period. (f)Noncompetitive procurements can only be awarded in accordance with§200.320(c). Z Back to Top §200.320 Methods of procurement to be followed. The non-Federal-entity must have and use documented procurement procedures, consistent with the standards of this section and§§200.317,200.318,and 200.319 for any of the following methods of procurement used for the acquisition of property or services required under a Federal award or sub-award. (a) Informal procurement methods.When the value of the procurement for property or services under a Federal award does not exceed the simplirved acquisition threshold(SA7), as defined in §200.1,or a lower threshold established by a non-Federal entity,formal procurement methods are not required.The non-Federal entity may use informal procurement methods to expedite the completion of its transactions and minimize the associated administrative burden and cost.The informal methods used for procurement of property or services at or below the SAT include: (1)Micro-purchases—i(i)Distribution.The acquisition of supplies or services,the aggregate dollar amount of which does not exceed the micro-purchase threshold (See the definition of micro- purchase in §200.1).To the maximum extent practicable,the non-Federal entity should distribute micro-purchases equitably among qualified suppliers. (ii)Micro-purchase awards. Micro-purchases may be awarded without soliciting competitive price or rate quotations if the non-Federal entity considers the price to be reasonable based on research,experience, purchase history-or other information and documents it files accordingly. Purchase cards can be used for micro-purchases if procedures are documented and approved by the non-Federal entity. (iii) Micro purchase thresholds. The non-Federal entity is responsible for determining and documenting an appropriate micro-purchase threshold based on internal controls, an evaluation of risk, and its documented procurement procedures.The micro-purchase threshold used by the non- Federal entity must be authorized or not prohibited under State, local, or tribal laws or regulations. Non-Federal entities may establish a threshold higher than the Federal threshold established in the Federal Acquisition Regulations (FAR)in accordance with paragraphs(a)(1)(iv)and (v)of this section. (iv) Non-Federal entity increase to the micro-purchase threshold up to$50,000. Non-Federal entities may establish a threshold higher than the micro-purchase threshold identified in the FAR in accordance with the requirements of this section. The non-Federal entity may self-certify a threshold up to$50,000 on an annual basis and must maintain documentation to be made available to the Federal awarding agency and auditors in accordance with§200.334.The self-certification must Vol. Pgj(.'6 include a justification, clear identification of the threshold,and supporting documentation of any of the following: (A)A qualification as a low-risk auditee, in accordance with the criteria in §200.520 for the most recent audit; (B)An annual internal institutional risk assessment to identify, mitigate, and manage financial risks; or, (C) For public institutions, a higher threshold consistent with State law. (v)Non-Federal entity increase to the micro purchase threshold over$50,000. Micro-purchase thresholds higher than$50,000 must be approved by the cognizant agency for indirect costs.The non-federal entity must submit a request with the requirements included in paragraph(a)(1)(N)of this section.The increased threshold is valid until there is a change in status in which the justification was approved. (2) Small purchases—(i) Small purchase procedures. The acquisition of property or services, the aggregate dollar amount of which is higher than the micro-purchase threshold but does not exceed the simplified acquisition threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources as determined appropriate by the non-Federal entity. (ii)Simpfirted acquisition thresholds. The non-Federal entity is responsible for determining an appropriate simplified acquisition threshold based on internal controls, an evaluation of risk and its documented procurement procedures which must not exceed the threshold established in the FAR. When applicable, a lower simplified acquisition threshold used by the non-Federal entity must be authorized or not prohibited under State, local, or tribal laws or regulations. (b)Formal procurement methods.When the value of the procurement for property or services under a Federal financial assistance award exceeds the SAT,or a lower threshold established by a non-Federal entity,formal procurement methods are required. Formal procurement methods require following documented procedures. Formal procurement methods also require public advertising unless a non-competitive procurement can be used in accordance with§200.319 or paragraph(c) of this section.The following formal methods of procurement are used for procurement of property or services above the simplified acquisition threshold or a value below the simplified acquisition threshold the non-Federal entity determines to be appropriate: (1) Sealed bids.A procurement method in which bids are publicly solicited and a firm fixed- price contract(lump sum or unit price)is awarded to the responsible bidder whose bid,conforming with all the material terms and conditions of the invitation for bids, is the lowest in price.The sealed bids method is the preferred method for procuring construction, if the conditions. (i) In order for sealed bidding to be feasible, the following conditions should be present: (A)A complete, adequate, and realistic specification or purchase description is available; (B)Two or more responsible bidders are willing and able to compete effectively for the business;and vol. ��e� pg. I u9 (C)The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. (ii) If sealed bids are used,the following requirements apply: (A)Bids must be solicited from an adequate number of qualified sources, providing them sufficient response time prior to the date set for opening the bids,for local,and tribal governments, the invitation for bids must be publicly advertised; (B)The invitation for bids,which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond; (C)All bids will be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments,the bids must be opened publicly; (D)A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder.Where specified in bidding documents,factors such as discounts,transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of;and (E)Any or all bids may be rejected if there is a sound documented reason. (2)Proposals.A procurement method in which either a fixed price or cost-reimbursement type contract is awarded. Proposals are generally used when conditions are not appropriate for the use of sealed bids.They are awarded in accordance with the following requirements: (i) Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Proposals must be solicited from an adequate number of qualified offerors.Any response to publicized requests for proposals must be considered to the maximum extent practical; (ii)The non-Federal entity must have a written method for conducting technical evaluations of the proposals received and making selections; (iii) Contracts must be awarded to the responsible offeror whose proposal is most advantageous to the non-Federal entity,with price and other factors considered; and (iv)The non-Federal entity may use competitive proposal procedures for qualifications-based procurement of architectural/engineering(A/E)professional services whereby offerors qualifications are evaluated and the most qualified offeror Is selected, subject to negotiation of fair and reasonable compensation.The method,where price is not used as a selection factor,can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though ME firms that are a potential source to perform the proposed effort. (c)Noncompetitive procurement There are specific circumstances in which noncompetitive procurement can be used. Noncompetitive procurement can only be awarded if one or more of the following circumstances apply: (1)The acquisition of property or services,the aggregate dollar amount of which does not exceed the micro-purchase threshold(see paragraph (a)(1) of this section); Vol. pg. �^l (2)The item is available only from a single source; (3)The public exigency or emergency for the requirement will not permit a delay resulting from publicizing a competitive solicitation; (4)The Federal awarding agency or pass-through entity expressly authorizes a noncompetitive procurement in response to a written request from the non-Federal entity; or (5)After solicitation of a number of sources, competition is determined inadequate. t Back to Top §200.321 Contracting with small and minority businesses,women's business enterprises, and labor surplus area firms. (a)The non-Federal entity must take all necessary affirmative steps to assure that minority businesses,women's business enterprises, and labor surplus area firms are used when possible. (b)Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2)Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3)Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4)Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let,to take the affirmative steps listed in paragraphs(b)(1)through(5)of this section. t Back to Top §200.322 Domestic preferences for procurements. (a)As appropriate and to the extent consistent with law,the non-Federal entity should,to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition,or use of goods, products, or materials produced in the United States(including but not limited to iron, aluminum,steel, cement, and other manufactured products).The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. Vol. 5Lo'- P . �^l 9 (b) For purposes of this section: (1)"Produced in the United States"means,for iron and steel products,that all manufacturing processes,from the initial melting stage through the application of coatings, occurred in the United States. (2)"Manufactured products"means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete;glass, including optical fiber;and lumber. t Back to Top §200.323 Procurement of recovered materials. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery;and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. t Back to Top §200.324 Contract cost and price. (a)The non-Federal entity must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications.The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the non-Federal entity must make independent estimates before receiving bids or proposals. (b)The non-Federal entity must negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed.To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor,the contractor's investment,the amount of subcontracting,the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. (c)Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the non-Federal entity under subpart E of this part.The non-Federal entity may reference its own cost principles that comply with the Federal cost principles. (d)The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used. t Back to Top v®i. �`�-�'� ego §200.326 Federal awarding agency or pass-through entity review. (a)The non-Federal entity must make available, upon request of the Federal awarding agency or pass-through entity,technical specifications on proposed procurements where the Federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition.This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the non-Federal entity desires to have the review accomplished after a solicitation has been developed,the Federal awarding agency or pass-through entity may still review the specifications,with such review usually limited to the technical aspects of the proposed purchase. (b)The non-Federal entity must make available upon request,for the Federal awarding agency or pass-through entity pre-procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates,when: (1)The non-Federal entity's procurement procedures or operation fails to comply with the procurement standards in this part; (2)The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; (3)The procurement,which is expected to exceed the Simplified Acquisition Threshold, specifies a"brand'name"product; (4)The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or (5)A proposed contract modification changes the scope of a contract or Increases the contract amount by more than the Simplified Acquisition Threshold. (c)The non-Federal entity is exempt from the pre-procurement review in paragraph (b)of this section if the Federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this part. (1)The non-Federal entity may request that its procurement system be reviewed by the Federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified.Generally,these reviews must occur where there is continuous .high-dollar funding, and third-party contracts are awarded on a regular basis; (2)The non-Federal entity may self-certify its procurement system.Such self-certification must not limit the Federal awarding agency's right to surrey the system. Under a self-certification procedure,the Federal awarding agency may rely on written assurances from the non-Federal entity that it is complying with these standards.The non-Federal entity must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review. Z Back to Top §200.326 Bonding requirements. For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold,the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of the non-Federal entity provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made,the minimum requirements must be as follows: (a)A bid guarantee from each bidder equivalent to five percent of the bid price.The"bid guarantee"must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. (b)A performance bond on the part of the contractor for 100 percent of the contract price.A "performance bond"is one executed in connection with a contract to secure fulfillment of all the contractor's requirements under such contract. (c)A payment bond on the part of the contractor for 100 percent of the contract price.A "payment bond"is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. VOIL pg. I-Iq--- rY of BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2021-PaymentAuthodzation CME Testing&Engineering DATE OF COURT MEETING: 9/21/2021 ITEM: Requestfrom Road and Bridge for a Payment Authorization to CME Testing and Engineering,Inc.in the amount of$2,149.10. Cost of services exceeds maximum Purchase Order amount. TO: Commissioners Court FROM: Karen Tyler DATE: 09/16/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Tvne DOC1S8.pdf Invoice Backup Material APPRO D �f�, Al Duane Peters Date County Judge Vol. pgj_1�_ CME Testing and Engineering, Inc. . Inv' olCe::', 320 Graham Road ' • .College fation, Teams 77945 :.: 979-690-36Q0 9!91202! 7748 ILLING PERIOD . -TERMS BILL TO . -8l31/21: Net 30 .. e/1 - - Iv1r..Bil1 Hadley Brazos County Road&Bridge ova P.O.NUMBER 2617 Hi . gb yl west Brian,Texas 77803 210002086 PROJECT NUMBER PROJECT CORRESPONDING REPORTS 59173.:... Mumford Road Reconstruction 45.48 ITEM DESCRIPTION CATEGORY QTY/HRS RATE AMOUNT Project Manager Project Manager,Report Review'and Cort m6icatiod Labor- 1 80.00 8000--, Senior Engiriceni"8 Tec.:: Senior.Cngincering Technician Labor/Services• Labor !.!:.' ' 9S -55.00 533,50 Trip Charge ': Trip Chprge.to Mumford.Road{15.5 miles iotiad.trip). Trip.ch#i ;.4 20:15 80.60 ASTM D 2950 Nuclear Derisities by the Test,min.3 per trip,each Field test,:...: 8 23:00 176.00 T6x-200-17 Sieve Aiialysis of Fine and Coirse Aggregates Laboratory test : . 2 50.00 100.00 Tex-236-17 Asphalt Content Laboratorytest 2 116.00 220,00 Tex-207-F Bulk Specific.Gravity(pcnsity),3 per set Laboratory test 2 45.00 90.00 :. Theoretical! aximum.Speciftc Gravity . Laboratory test 2 40.06 80.00 ASTM D 3549 Deterraiiiaifon of thickness of HMAC cores :';:.:::- Laboratory test ..:20 10.00• 200.00 Tex-?'12-F Sampling Compacted Bituminous Mixtures for Field test ... . S 30.00 150.00 Laboratory Testing(Core Drilling)' Tex-207-17 Percent Air Voids of Bi dminous Paving MNturrs Laboratory test a 20 20.00 400.00 Patching Patching HMAC Core Holes Patching.' 5 10.00 50,00 It is a leasuic.iyorkiii with•ou!•Pf6ae-scnd a p g y p yment to the above nddress;Thank you! ..Total Vol. Pgo P4 II pp Fqtr �fppp' �� gN n0G�� VAryh Tp of 9R BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CountyAttomey NUMBER: DATE OF COURT MEETING: 9/21/2021 ITEM: Request approval of Payment Authorization for reimbursement to Scott Biddle for purchase of Steel Target holders to be used at bi-annual qualifications of County Attorney nvestigators. Purchase was made directly from manufacturer and offered a 40%discount K purchased immediately. Purchase order was not obtained in advance. TO: Commissioners Court FROM: Earl Gray DATE: 09/16/2021 FISCAL IMPACT. False BUDGETED: False DOLLAR AMOUNT: $0.00 SOURCE OF FUNDS: Sufficient funds available in FY2021 budget NOTES/EXCEPTIONS: Budget Office has completed the budget adjustment. Request approval for reimbursement to Scott Biddle for purchase of Steel Target holders to be used at bi-annual qualifications of CountyAttomey Investigators. Purchase was made ACTION REQUESTED OR directly from manufacturer and offered a 40%discount if purchase immediately. Purchase ALTERNATIVES: order was not obtained in advance. ATTACHM E NTS: File Name Description T__v__oe D00009.pdf E)pense Report and backup documents Backup Material R D Duane Peters Date County Judge Vol. P . 71— O.R.:A.C: LE ., . . .. .. Expense,Re ort : TRep rt umbar RVL00006 42 7020' . :`:.. .: .. ConBrmatlon °'z:,'..,:. F• �;. ...�,Y�. a;;�;� .�, .ay.: {,r '� ? iF�k� r.;.Wtx: -•='r#��:ss�?.;� ,r�: -s�..•,t-_�ti. 'Expense report number TRVL00D061427020 for 2,757.34;USD.was submitted for approve IMAGED_RCPT_:BASED AUDIT 1: To send,required receipts to Accounts Payable print this page and.attach all required receipts. 2.,.-Make a photocopy of this page and,the rece$Is'foryoUr records.' 3:' Place this page and the receipts In an Interoffice envelope,and send to Accounts Payable. e:. The expense report approver will be notirred and requested to approve this expense report.Upon approval;a noplication wiD:be sent to you and . Accounts Payable. This expense report will be paid after it has been'approved;and Accounts Payable has verified the receipts: 'Person Biddle;Scott(3262) Submission Date 817112021 Expense bates.. 617712021=611712021 . Report Status Pending individual approval Re'iinb'unsabla.Tolal', 2,757.34-USD Purpose- `Reimbursement for purchase of Steel-Target holders Eft nse Items.....-+ay.i-..J- ry ,..r.:�,$ r.:x'�' i... :"T3.c.2�:�:._.._ ..3..:*::;�L�s .ti,=.'�a-.rt�...t.'., .. ... ._� „mss... 1. . ... Expense Type Eirpense'.. ' : Date; Expense 'Source DesedpUon ...... Reeelpt' Reaeipt'Requlred Reimbursable': • 'Template '€ -plass:- Missing Amount'(Uso) Brazos Reimbursemerd.tor_'•._. IT • ,._,.,.. ....- . . County. :' � � purchase of Slee angel _ Dthar:; Expense 8117/2021 Business holders for bl-annual 2,757.34 FtePon. :':' firearm qua6(Ma0ons.by: Tem Isle Co AI invesll aloin Personal Funds' Q. '� • Amount Due to You 1 2.757.34 USD ' Page I . of 4 voi. 342 pg. Ms Theresa Turrubiartes `Scott Biddle::': :.Tuesday,:August.l7;2021.8;49 AM:. .: ::.•:: :.Sentr::. ....: :. Theresa Tuftbiarte5: . .......... .. Subject+. F1A►:Order:#2QE41.confirmed:: . ..........::::: .::: STEEL: ,...-.r'1 :.: .r.,��C-TS:::. : :_o '� . .. DER#20841 .. ,..... Thank ou for our urchasel - :.. . ..:. Y : .. Y::.�: :::p ' . ... .. . .. . Hi,lscott;-,wp,r,e;getting:your:ord&(ready:to be shipped.We will.-notify you when . ... .. . .. . it°has iieen sent,.:•:. .... :. :.. : . or.vi:sit'our s#ore . ... :...:Order summa ry : TWIST=a:OC °T=P:OST STATIC:TARGET:HOLDER x 40 : :..' .. . .......... ... ' :�.,....- .:�. :. ...:578:80::: NQT:C /1TED.(R 1W S7 !:L) :: ... .. .. ....... .... . :'1/x"AR500/:AR55a FULL°SBZE 1PSC: SIPIGLE :.. .. $ ;098:.;` ::.'::: : HOLE) x.'10. aKsso. .$1,847 $2 .:. .: ' . :.....:....... .:': �.:. ::...:......... ... 160EI=HALF(.��.2 ' 31.88).,�: o�a ��� I1/2" AR500/-AR550.STATIC'6" x 10 Q:0. ' . : . NONE`:/AR550 . $119.82 �AOOCFMALF(- 70.88) .. :: 1/2 AR500/AR550 SNIPERx:10 NOT-COATFI) (RAW S1 t FI.)./AR5 50 $270.90 Subtotal::: . $2,757.34 Shipping .: .. � � 0.00 . . - Taxes $0.00 .. TotaV $2r757 34 .VSA You saved $1,492.36 Visa (ending in 0667) $2,751.34 Cust&her infor'matio'n'' Shippin8 address:': Iiillingr address Scott Biddle :Seott Biddk 2617 W St-Hwy 21 :";449'L0CkC1L Hall Circle:', Bry m TX.77803.° :Bry u'i I 77808 _ lJni{cd:�tiite5 :. ° . 1.Jnitcd.,St�Ies Shipping method . . . . ,Payment.method :.. . .. Standard".:.�v1sn ending with 0667:.=.$2;757,34 n : :.:.. V®�. 9' If you have any,ggrestions, reply to this email.or contact us at Sales@xsteeltargets.com Scott Biddle V®I, pg. �. aoG� � �fryo� Ypy of$�4 BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2021 Road&Bridge 2022 Holiday Schedule DATE OF COURT MEETING: 9/21/2021 ITEM: Request approval of the proposed Road and Bridge 2022 Holiday Schedule option which is equivalent to the standard approved(88-hour)2022 County Holiday Schedule. TO: Commissioners Court FROM: Karen Tyler DATE: 09/14/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Toe 2022 RB_Holiday_pchedule.pdf RB 2022 Holiday Schedule Backup Material AP PRO Duane Peters Date County Judge E. o ) v®�. g Road&Bridge Department Holiday Schedule 2022 R&B Holiday's'; R&B Holiday' Standard Holiday Monday-' Tuesday-Friday. 2022 Holidays Hours Thursday Team Team" Comments New Year's Day-January 3(Monday) 8 :10 January 4(Tuesday) 10 MLK-January 17(Monday) 8 10'" January 18(Tuesday) 10 Good Friday-April 15(Friday) 8 10 Memorial Day-May 30(Monday) 8 :10 Independence Day-July 4(Monday) 8 10 Labor Day-September 5(Monday) 8 10' September 2(Friday) 10 Thanksgiving: November 24(Thursday) 8 "10::.' 10 November 25(Friday) 8 10 Christmas: December 22(Thursday) :8 8 December 23(Friday) 8 10, December 26(Monday) 8 : ,10 December 27(Tuesday) 8 10.- 10. Holiday Totals 88 88 88 =1. 34(ea2z=, p AW l-7 Prescnbed by Secretaryof State Sections 4.004,83.101,85.004,85.007,Tem Election Code 32007 AMENDED NOTICE OF SPECIAL ELECTION (A VISO DE ELECCION ESPECIAL) To the registered voters of the County of Brazos,Texas: (a!os votantes registrados del Condado de Brazos. Texas) Notice is hereby given that the vote centers listed below will be open from 7:00 a.m.to 7:00 p.m.,on November 2,2021 for voting in a special election"For the purpose of electing City of College Station council members and Charter Amendments,College Station ISD board members and bond measures, and for the purpose of adopting or rejecting the proposed constitutional amendment as submitted by the 87th Legislature,Regular Session,of the State of Texas". "Se hace saber que las centro de votacion citadas abajo se abrirdn desde las 7.•00 am a 7.•00 pm, el 2de noviembre de 2021 para votar en ttna eleccidn special"Para el proposito de elegir chidad de los,Miembros del conseio de la ciudad de College Stationy enmiendas a los estatutos,Miembros de la itinta de College Station ISD y medidas de bonos: y con el proposito de adoptar o rechazar la propuesta de enmienda constitticional presentada por la Legislature 87a,Regular Sesidn reunion ordinaria, del Estado de Texas. LOCATIONS) OF VOTE CENTERS (DIRECCIONES DE LAS CENTRO DE VOTACION) Vote Centers(centro de votacion) Address(Direccion) 1 Millican Community Center 22284 Pierce St,Millican 2 College Station Utilities Mtg Room 1603 Graham Rd,College Station 3 Galilee Baptist Church 804 N.Logan,Bryan, 4 Zion Church of Kurten 977 N.FM 2038,Kurten, 5 Parkway Baptist Church 1501 Southwest Pkwy,College Station 6 College Heights Assembly of God 4100 Old College Rd,Bryan 7 First Baptist Church-Bryan 3100 Cambridge Drive,Bryan 8 Beacon Baptist Church 2001 East Villa Maria Road,Bryan 9 Bryan Ballroom 703 Palasota Drive,Bryan 10 Brazos County Elections Admin.Bldg. 300 E Wm J Bryan Pkwy,Suite 100,Bryan 11 Memorial Student Center(MSC) Texas A&M Campus MSC RM#L526,College Station 13 Texas A&M College of Medicine 8447 Riverside Parkway,College Station 14 Lincoln Center 1000 Eleanor,College Station 15 Bob&Wanda Meyers Sr&Comm Ctr 2275 Dartmouth St,College Station 16 CS ISD Admin.Bldg. 1812 Welsh,College Station 17 Fellowship Freewill Baptist Church 1228 W.Villa Maria Road,Bryan 18 Castle Heights Baptist Church 4504 E.Hwy 21,Bryan 19 St.Francis Episcopal Church 1101 Rock Prairie Road,College Station 20 A&M Church of Christ 2475 Earl Rudder Frwy,College Station 22 Arena Hall 2906 Tabor Rd.,Bryan 23 Brazos Center 3232 Briarcrest Drive,Bryan 24 Wellborn Baptist Church 14575 FM 2154,College Station 25 Living Hope Baptist Church 4170 State Hwy 6 South,College Station 26 Church of Nazarene 2122 William Joel Bryan Pkwy,Bryan P l8� VOL g o Early voting by personal appearance will be conducted each weekday beginning October 18 through October 29 at: (La votacion adelantada en persona se llevard a Cabo de lunes a viernes desde el 18 de octubre hasta el 29 de octubre en:) Brazos County Elections Administration Building,300 E Wm J Bryan Pkwy, Suite 100,Bryan Galilee Baptist Church, 804 N. Logan,Bryan Arena Hall,2906 Tabor Rd.,Bryan MSC Rm#526,TAMU Campus,College Station College Station Utilities Meeting&Training Facility, 1603 Graham Rd, College Station Applications for ballot by mail shall be mailed/emailed to: (Las solicitudes para boletas gue se votaran adelantada por correo deberan enviarse a:) Trudy R.Hancock, REO,CERA,Elections Administrator 300 E.William J Bryan Pkwy, Suite 100 Bryan,Texas 77803 brazosvotes@brazoscountytx.gov Applications for ballots by mail must be received no later that the close of business on: (las solicitudes para boletas gue se votaran adelantada por correo deberan recibirse para elfin de las horas de negocio el.) October 22,2021. 22nd de Octubre,2021. Issued this the 2111 day of September,2021 (Emitada este dia 215 de septembre,2021) Signature of County Judge (Firma del Auez del Condado) INTERLOCAL COOPERATION CONTRACT 1. CONTRACTING PARTIES and AUTHORITY The Brazos County Community Supervision and Corrections Department(CSCD) and Brazos County(County)enter into this Interlocal Cooperation Contract (Contract)under the authority of the Texas Government Code Chapter 791 (the Interlocal Cooperation Act). County certifies that it has the authority to contract for the services agreed upon as granted in Texas Local Government Code Chapter 262(County Purchasing Act). CSCD certifies that it has authority to perform the services contracted for by authority granted in Texas Government Code Chapter 76.008. 2. BACKGROUND and PURPOSE Due to reduced funding from the State of Texas for Specialty Courts,the County agrees to supplement the Specialty Court budget to fund Community Supervision Officers(CSO).The additional funding is supported by the benefits of continuing the Specialty Court Program which include,but are not limited to,enhanced public safety,reduced recidivism rates, reduced incarcerations,and increased productivity ofSpecialty Court participants. CSCD provides supervision officers to the Brazos County Specialty Court. 3. STATEMENT OF SERVICES TO BE PERFORMED CSCD will perform the following services. A. The CSCD will provide two supervision officers.to the Brazos County Specialty Court(BCSC). The CSOs assigned to this program shall be approved by the presiding judge of the Specialty Court program. B. CSCD shall be solely responsible for the employment and management of the CSOs.The County will have no input into CSCD decisions with regard to management or work of CSCD personnel, although the work of the CSCD personnel assigned shall be exclusively Specialty Court Program duties. C. The assigned CSOs shall remain the employee of the CSCD and shall be eligible for all state benefits, incentives, merit increases, and promotions afforded to other CSCD officers and employees. D. The assigned CSO's salary shall be paid through the BCSC department budget and the CSOs will have caseloads that consist solely(100%) of Specialty Court participants and/or Specialty Court graduates. 4. CONTRACT AMOUNT and BASIS FOR CALCULATING COSTS The amount of this funding contract will not exceed One Hundred and Fifty-Five Thousand Dollars and No Cents($155,00.00). At the time of this contract the estimated amount of funding is One Hundred and Fifty-Three Thousand Four Hundred Sixty-Three Dollars and No Cents($153,463.00) .This amount is intended to cover the salary and benefit costs of the two CSCD Offers assigned to the Brazos County Specialty Court.The Contract funds will be paid through the BCSC budget. 5. PAYMENT FOR SERVICES CSCD will submit quarterly invoices to the County. County will remit payment to CSCD approximately 30 calendar days after County's receipt of the invoice.County will only make quarterly payments for amounts actually paid to the CSCD employees assigned to the Specialty Court. 6. TERM OF CONTRACT and AMENDMENTS This Contract is effective on October 1,2021.The Contract will terminate on September 30,2022,or upon written request of either party with 30 calendar days' written notice whichever occurs earlier.This Contract may only be amended or extended by mutual written agreement of the parties. 7. NOTICE Notice given under the terms of this contract shall be sent to the following: Brazos County Community Supervision and Corrections Department Jennifer Goerig,CSCD Director 321 E.26th Street, Suite 300 Bryan,Texas 77803 Email:igoerig@brazoscoun=.gov Phone: 979-361-4429 Brazos County Duane Peters, County Judge 200 S. Texas Avenue, Suite 332,Bryan,TX 77803 Email: dpeters@brazoscountytx.gov Phone:979-361-4101 Either party may change its information in this section by giving the other party written notice and the date upon which the change will become effective. 8. CERTIFICATIONS The Parties certify that(1)the Contract is authorized by the governing body of each party; (2)the purpose,terms,rights and duties of the Parties are stated within the Contract;and(3)each party will make payments for the performance of governmental functions or services from current revenues available to the paying party. The undersigned signatories have full authority to enter into this Contract on behalf of the respective Part' BRAZO COU TY CSCD Duane Peters Riffnifer GVerig County Judge CSCD Director 09/22/21 Date Date ATTEST: Karen McQueen County Clerk 9/;.1 � Date pg. Vol. 2 _�� AGREEMENT FOR ANIMAL:SHELTER SERVICES : . Braz_ os"County and Aggieland.Humane Society, Inc. October 1,.2021 —September.30;2022 ......This A reement.for Animal Shelter Services ("Agreement": is.Made this day of , 2021:by and"between The Ag 'leland Humane Society, Inc., a Texas"non-profit corporation (herein fhe-Shelter").and Brazos.County, Texas, a"political subdivision of the State.of Texas acting by and through its duly:eleeted Commissioners.-- Court-(Herein"County'): ..: : . . .RE-GITAL.S . ... : .. . Whereas;.the Shelter operates a facility currently.located-at:5359-Leonard:Road,"" " :Bryan, Brazos-:County to house:stray, unwanted:ouabandoned animals (herein the y: ..,Facilit !); and .. : .. .. : . . Whereas;:the County'has a:need' of-a'facility ;to_:housa animals,•.otherttian ':livestock, that it:takes possession of:throughout the County., : For and in consideration of the mutual:covenants herein expressed, the receipt' cbip and sufricienc of which is hereby acknowled ed,the'parties- as follows;". " : . . : . AGREEM•E.NT 1. 'The;County agrees"that;all animals, other than livestock, seized within its ."jurisdiction by its:duly appointed agents, may be delivered to the Facility;:there to be impounded under the:exclusive control and custody of the Shelter ,�for;periods of time.as_ regdieed.by State law:and.the.applicable:County-ordera except'as hereinafter set forth, but in no circumstances less :than';three (3) days unless determined by:a-certified _euthanasia technician that euthanasia is.necessary.. • 2: The Coiirity.: agrees. to. pays"to .the. Shelter" art annual fee of $155,000.00.base-d upon the term:of the Agreement'....,The fee shall be:divided into.twelve:(12) equal monthly payments-due on the first of each month. 3." The COUNTY shall and does"hereby assign to the'SH1=L•TER those fees 'collected for the. registration of dogs :and cats within Brazos County commonly:referred to-as ''license-•fees." - The. SHELTER 'shall administer the -County:License program (Registtation of Dogs and Cats,Texas Health and Safety Code§826:031). 4. The County represents to the Shelter that:it:has in force:orders'providing for the vacciriation and licensing of animals-under appropriate circumstances, providing. .: for im- pounding of nuisance:animals running:at large, and that while this Agreement is in' effect, such.,orders will be continued-in.force, provided, however, that such orders may be modified'frorn.time to time athe t.'. nty deems ap .0propriate. " : . . 5.- The County: agrees that: every: animal delivered ':to the Shelter-' in- accordance.With':this Agreement, shall became the'sole arid exclusive property of the AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggieland Humane Society,Inc.. " : Vol. Pg. Shelter:upon its delivery.to-the Shelter (subject to reclamation.by:the owner), so that. :.: neither tfie County nor.any:agency nor agent of. the.County,:nor.:df-the•State. of Texas,. nor any institution,:corporation nor.individual shall have•any claim or right.to any animal not so claimed:and. redeemed-. ._The. County agrees.:that•the Shelter shall.have• the undisputed right, consistent with the orders of the:County, to humanely dispose of every :.. . . - animal given into its custody 1h accordance with the Shelter's principles as follows: a. . .-Ta place animals:in the care, custody and control.of.new owners:-'and. b. To humanely destroy animals which are not claimed by'owners. which are'hbt suitable "for.:placement in the care;::bustody and control'of new owners. . . : . . ... . .. . 6 The Shelter'agrees to. accept each and..every animal delivered:to-the- ' Facility located:tri Brazos County; Texas by the agents of the County arid:to provide ..each and every'such animal with-shelter, food,.water and all other•humane,treatment of the same'degree and kind that the Shelter-provides for all:other animals which may-:: come' into•its care, custddy'and control. The'County shall nbt-accept•a surrendef'df' :ownership of an:ariirnal by its owner'ih the field. 7'.; The Shelter agrees to accept`eaoh and every: stray.animal delivered to -the Facility:located.:in- 83r Z,6s County,::Texas•by the residents of-the-'unincorporated :areas of Brazos County and to:provide.each and every such animal with:shelter, food, water and,all other humane treatment of'the':sarne degree.arid -kind that the Shelter . providesfor all other animals,which may come in to its care, custody and control. 8. 'the Shelter agrees:that it will make it's.' available.to County during.its open hours and.during periods of closure for the purpose of:delivering animals tothe..Shelter. = ,: 9. .'The Shelter-agrees-to:provide to the:Coiirity-on.or before the'last day of eachmonth during the term of this Agreement a,statement of the.number of dogs, cats and- miscellaneous animals received by the Shel--ter from the County. or.otherwise retrieved froth -Brazos County, :an.d:the: number of:dogs and cats issued :County tags -during the preceding calendar month. 10: .. .The County reserves.the.right-to- require.an Audit 6f-the records of-the ..Shelter at any time.deemed nedessaryfor the limited purpose of verifying the number of animals-registered or licensed and the-humber of animals attributable to the County and the length:of stay of each:such'animal. - .. . . 11. It. [s::mutually agreedthat the Shelter::shall:provide facilities:for rabies observation for at least six-(P) dogs and'eight (8) cats. Animals•delivered to the*Shelter by the.County for rab es•observation shall bei1sbiated for a period.of•time in accordance' with State law: '12.. In the'event-animaliare being held ey the•Shelter as-a result of a'cruelty, seizure:or a legal hold-has been placed upon -the animals as a result of a criminal prosecution, the County shall reimburse the Shelter for:any veterinarian invoices and AGREEMENT FOR ANIMAL S14ELTER SERVICES $razos County and Aggiclaitd Humane Society,Irie: . 2 Vol. Pgo��l medical :bills incurred'by..the:-Shelter until the: Court either :awards :the animal:to .the- - Shefter; orders it destroyed or orders it retui`ned:to its owner'. The County shall not.be.. . liable for these..costs in the event a�court of competent jurisdiction orders :the animal . owner to pay Such-costs. . ..: : .: =13. Shelter.sfiall:at-all Times relevant:to-the fulfillment of this Agreement have, keep, and :maintain insurance covering general: liability,:- worker's compensation if -required by State.law,and automobile liability. . - = Worker's. .Compensation. -insurance .-shall be .at .statutory limits,. including employer's liability coverage at minimum limits of.$500,000.00 each .accident. -Such policy will contain.a walver'of.subrogation in favor of the County.- The General Liability-insurance shall-have•a minimum combined single limit-for-- - - bodily :injury, personal injury;.:and property:-:d' ""'ge of $1000;000.00 per occurrence and shall name the County as an additional insured: Automobile Liability'insurance shall be continuously held with limits for'bodily- injury grid for property:damage of not less::than $1,000,000.00::ori: all self- propelled vehicles used fn'd6h iectlon with-ft ahlnial,control operation; whether owned, non-owned or hired. Copies.6f certificates evidencing,such insurance-as:herein required shall be sent .. . : : . 'to the County for its records. The.Shelter agrees,to the extent:allowed by.IbW,'to indemnify and hold-harmless " the Codhty.from all claiMs,:damages, or causes:of action which:might arise from any obligations-of Shelter as outlined. herein, and Shelter*specifically agrees_.tq . . indemnify the:Courjty:.•against all-claims'-damages or,cause$ of action;which.- . might arise as a result:of.acts;' omissions:.County:."for respondent superior or :.. vicarious:liability, arising:out of Shelter's obligati:ons.under this Agreement. , :.: 14. The Shelter shall at all :times: •in performance..of..its.Agreement be considered as arf independent contactor. Such status.shall-apply to all of:the.Shelter's .officers,.agents and employees and:iri no event shall•the•-Shelter's officers; agents or empioy,ees be considered:an employee of;the:County. 15. : In the event the County fails to remit to- the Shelter the: fees due -hereunder, the.County.shall be in default. .The.Sheltershall-terminate the Agreement for non-payment of fees if the ;County has not cured the default after,thirty (30) day written notice: : ... 16: TAX'EXEMPT STATUS:- -As a political subdivision of the State of Texas, Brazos: County is tax exempt. Tax exemption certification :will be furnished upon request. -.17. GOVERNING LAW AND VENUE: This Agreement-shall be governed by th-e law:S'of the State of Texas-and venue shall".lie exclusively-in:Brazos County, Texas. The Parties-agree thot'ali obligations•under*this Agreement are'performable in Brazos AdRE-EMENT FOR ANIMAL SHELTER SERVICES Brazos County and Aggieland Humane Society,Inc.. 3 Vbl. - . °� County;Texas and that this:Agreement has.been executed:in Brazos County, Texas: Venue:shall lie exclusively in. Brazos County,: Texas, notwithstanding anything:to the : :contrary. :1:8. DISPUTE.-RESOLUTION:• The: dispute resolution:process provided.in..: Chapter. 2009, Texas:Government Code,.arid:the.related.rules adopted by the Attorney :General pursuant=Chapter 2009, shall--be used by County and Shelter.-to attempt to .:resolve any cleini for breach of:contract made.by.Shelter that.cannot be resoIv;ed.in the ordinarycourse of business: Shelter shall submit written notice-of a:claim of broach-of, contract under this Chapter.to the County.Attorney.--Civil Division bf.Brazos.County, ',who shall examine.Shelter's claim:ana:ahy counterclaim and negotiate With.Shelter in an effort to.resolve the claim. . . :19: .. .LIMITATIONS:'• The parties'are aware that there-are'constitutiohal and statutory limitations on the authority of the County. to enter into certain terms and '-conditions :of •the,"Agreement,' including;. -but not 'limited- to, authorizations of- the placement of liens on::Co.unty property; .:disclaimers and: limitations of warranties;'. disclaimers and limitations'of liabilit for dams g es, waivers, 'disclaimers and-limitatiohis ' of legal rights;:rerrledies, requirements and processes; limitations of:periods to bring legal action; granting control-of litigatibh or settlement't6'6hbtherparty;: Ilability"or acts or. . . .. : . . omissions of third parties; :payment of attorneys' fees; dispute:resolution; indemnities;'.: and co nfidentiality. .(collectively, the"Limitations"). -Any terms and-conditions.related to the Limitations will not be binding:on:the County except to:the extent authorized by the laws and Constitution of the State of Texas: 20. . AUDITS: Ali records .relating to."the':'service provided. under this 'Agreement-and. supporting documentation for invoices submitted to: County by the _ Shbite.r:shall be retained.and made available.by the Shelter for audit by County, its duly: auth1o.:02ed representatives,:the State of Texas.(including, but ' ot:li 'ited to the Auditor:of the State of'Tex'Inspector General:or duly appointed law enforcement.officials) and : . : ..agencies of the:United States Government. Such records•shall be returned:by.Shelter and made. available for any time period:required by state or federal law. If changes. occur.:in the..governing state:-or.federal law,' regarding rete ition.records, Shelter shall 'comply with such changes. County shall inform the.Shelter in writing: of the retention periods establisFieii b_y.State' and federal law applicable--to such records and. shall provide; written notice if changes occur to such retention requirements. If an audit is - initiated before the expiration of.such time periods required liy state. or .federal law regarding retention:of records,'ths: Shelter shall retain• such records until:-the• audit is ••• •.concluded and all-issues resolved: :Shelter shall provideCounty..with copies'-of.such audits-that are conducted:wiftrespect to the.A : bment. 21. :AUDIT RESPONSIBILTY: The Shelter:shail:be responsible.fpr receiving, replying to andlor•domplying with -any audit exception-15y-appropriate federal; state or local:aOdit•directly related to the provision of this Agreement. •The:Shelter shall repay*to County' the Jull amount-received for duplicate billings; erroneous'billings, false 'or deceptive claims. :The Shelter recognizes and agrees that County niay.-withhold any money due:and recover through any appropriate;method any-money. erroneously paid under_ this Agreement'if evidence exists of less than full compliance with this Agreement: AGREEMENT FOR ANIMAL SHEC T$R SERVICES _ . Brazos County and'Aggieland Humane Society,Inc. - 4 :22, This Agreement is not assignable:by either party. . 23. : This Agreement'hall•be:for a term of one.year commench g•on:October 1, 2021 and :terminating on September 30, 2022'..: :Either party may. Cancel this ; . :.. . . . Agreement upon thirty(3.0)days written notice to the non-cancelling party. 24. : SEVERABILITY: .ln:the event that any provisions or portion of this Agreement Is held to.be unenforceable.or invalid;the validity and enforceability of the remaining provisions or portions shall.not-be affected. . {N•WITNESS WHEREOF,- the'said County and the said Shelter'have hereunto caused.ikeir representative corporate name§.'dhd seals to be hereunto subscribed:and':• affixed:b• their •re reseritatiVe officers.-first *thereunto duly autho'rized--as of fhe'.date- hereinabove first written, ATTEST: AZOS O T XAS. aren-McQueen;:Coun Cle ty 6-Peters, County Judgs AGGIELAND.HUMANE SOCIETY AM : . .. : . .. . . . : . . J. - Ifer Young; Executive Director AGREEMENT FOR ANIMAL SHELTER SERVICES. Brazos County and Aggieland Humane Society,Inc. . . . CERTIFICATE OF INTERESTED PARTIES : . ... : . . : . FORea-1295. - .. .. .. - .1 of•1 Complete Nos.1;=4 arid'6 If there are interestetl parties. OFFICE USE ONLY Complete Nos,1,•2,3,5;and 6 if there are no interested,parties. - = O CERTIFICATION F FILING 1 Natrie af•business entity fling'form,.and the city,state arid:country of the business entity's place Certificate Number: of business. . • • • • " ' 021 8018 Aggieland Humane Society Bryan,TX United States.. . , . ' Date Filed: 2 Name of governmental entity or state agency that is a party to.the contract for which the form is 09/14/2021 being filed: .. . : . ... . .. . Brazos COUftty: : Date Acknowledged:; • " 3 Provide.the identification:nuniber used by the governmental entity or state ajency.to track or identify the contract,and provide a description of.the services,goods;-or other property to-be provided under the contract 22-036 : : . : . .. : . . - Animal-Sheltering Services .. . • .. . .. . -.".Nature of.interest• .. . •:Name'of Interested Party:• City,State,Country(plaice of;b(t5(riess . : : . ) (check applicable) -• • - " • " • " � • - - .. . .Controlling- intermediary 5 Check only if there is NO Interested Patty. 0 6"UNSWORN DECLARATION - •• - - • . . .. My name is V :1"1• Ayi Gc :and my date of birth IsIJ " Q My address isi_hoa.r��( ('street) V (city) {state) (zip ebde) (country) 1 declare under penalty of.perjury that the foregoing is true and correct." ��r� Executed in 'f7f Y 1A s. County, State of v�� ,'on the day of 20 . .. (dlonlh) 4reDf autho ize'd age t f contractin iness entity (Declara Forms provided by'Texas Ethics Commissionwww.ethicsstate.bi.us Version V1.1.191b5cdc HOUS.@ Bili 89 & Debarment Verification Brazos County .is.federally mandated:to adhere to the.directions provided :in:the President's : .: Executive Order.'(EO) 13224,:Executive Order on Terrorist:Financing – Blocking: Property and . :.. . .. Prphibifing Transact[on.. ith Persons Who Commit, Threaten:to Commit, or Support Terrorism, . ... : .. . effective 9/24/2001 .•and,:•any subsequent: changes made 'to: it. via cross-referencing respondents/vendors with the.Federal:General Services Administration's-Ucluded Parties List" 'System(EPLS;https://www.sam.gov),Whlch is Inclusive'of the United States Treasury's Office of Foreign Assets Control (OFAC) eciallY'Desi Hated National (SDN) es ondent certifies that:the responding:entlty:and its principals are eligible to participate in'this transaction and:liave 'not b ' een subjcte ed to susPension, debarmeht,'or ii similer•ineli iblt e. . .. g. y d..termined-by any federal,.. state or local:governmental enfity.Arid1hat Respondent:is 1h:compliance WithAM'State of Texas statutes 'and-,rule's relating to,procurement• and that,Respondent is. not listed 'on the federal goyemment's Terrorism:watch list as describedin Executive Order..13224. Entities ineligible:for federal procurement are listed at httpp:/Iw+vw.sam.gov. The-underilgm -affirms .the :non-debarment statement above, .that.they are:duly .authorized execute this contract. The company representative below:further affirms,:that.the company submitting.this proposal; under the provisions of Subtitle.F,'Title 10,GovemmentCode Chapter 2270: '... . .... :. 1. Does not boycott Israel curreritly"brid•'. 2:' Will-not boycott Israei'during.the term of the cdritract. Pursuant to Seofiorn 2270.001.,Texas Government Coder ' 1: "Boycott isii561 means refusing to deal with, terminatlhg'business activities'witii; or :otherwise taking any action:that is intended:tb:penalize, infiict economic harm on, or limit••commercial•re'latioris's ecificall with'israel, or-with a person, or'"entity doin- ' business in:lsrael or in an Israeli=cgntrolled territory', P 9 t but tees no include an,action made or ordinary-business puFposes;-and. . 2. ."Company" means .a for-profit sole: proprietorship, .organization, association; corporation, partnership,-joint venture, limited-partnership, limited Ilabliity partnership; or any limited:liability company, including a wholly owned subsidiary, majority-owned subsidiary; pareht company or affiliate of_those entities.or:business associations that exist to make a profit. .. Company Name: :-"Authorized Company Representative Address,_4�5x261 Lurl(11rd, 9Q AA Wan Signature::- Date: b - Contract#A1_�?�1p FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND AMBER ALERT NETWORK BRAZOS VALLEY THIS FUNDING AGREEMENT ("Agreement") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County"), and the AMBER ALERT NETWORK BRAZOS VALLEY (hereinafter "AANBV"), located In College Station, Texas, and is effective October 1,2021. RECITALS WHEREAS,AANBV serves all seven counties of the Brazos Valley(Brazos, Burleson,Grimes,Leon,Madison,Robertson and Washington). WHEREAS, approximately eighty-five percent(85%)of all regional missing person and missing children reports originate from law Enforcement agencies in Brazos County. WHEREAS,the AANBV shares this common goal with the County;and WHEREAS, the County desires to assist AANBV in their efforts to promote the public purpose of providing rapid notification to the public of incidents of abducted children in the Brazos Valley Region and provide resources, training and education to the residents and law Enforcement Agencies of the Brazos Valley. NOW THEREFORE, the parties.agree to the following terms and conditions to provide such support services. AGREEMENT TERM This Agreement shall be for a term of twelve(12)months, commencing on the ist day of October,2021,and terminating 30th day of September,2022. CANCELLATION This Agreement may be canceled by any parties hereto upon sixty (60) days written notice as provided herein. Amber Alert Network Brazos Valley page l Vol. pga Le USE OF COUNTY FUNDS Funds to be furnished to AANBV as stated herein be used to offset operational -expenses of the AANBV, including to help offset salary and benefits, rent, telephone expenses, and office supplies, as described in Exhibit"A"attached hereto and made a part hereof for all purposes. COUNTY'S LIABILITY FOR PAYiu(ENT The County agrees to fund the AANBV Five Thousand Dollars§j& .001 for the term of this Agreement("Funds"). RESPONSIBILITIES OF AANBV AANBV will be responsible for providing the following services pursuant to this Agreement: 1. MaintainingthisAgreement; 2.. Providing Services; . 3. Maintaining data files on clients and the Services provided thereto; 4. Respond to any and,all inquiries by the County. 5. AANBV agrees that the County,or Is designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement.AANBV agrees to maintain such records for possible audit for a minimum of three(3)years after the termination date of this Agreement, unless a longer period of records retention is stipulated.AANBV agrees to allow the auditors)access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. AANBV agrees that the County,or its designated representative, shall further have the right to review and to.copy any records and supporting documentation for prior years In which the County provided funds to the AANBV under prior Agreements. Any audit will be conducted by County personnel or an independent third party,as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that tie audit will be conducted by an independent third party,all costs and expenses associated with said audit will be solely paid for by the AANBV. 6. Brazos County Commissioners Court may, in Is sole discretion, require that an independent financial audit be performed on the records of the AANBV. if an independent financial audit is performed; a management letter will be AmberAlerl Network Brazos valley Page 2 of/,0 Vol. 3 Pg.-[9-1 prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the AANBV's annual financial report, but which are of concern to or under the suggestion of the auditor. I.f the Brazos County Commissioners Court determines that the audit will be conducted by an independent thins party,all costs and expenses associated with said audit will be solely paid for by the AANBV. 7. AANBV will provide the County with any and all certified audits conducted by AANBV and the management letter prepared in connection therewith; 8. AANBV will provide the Commissioners Court with. statistics evidencing the number of Brazos County residents using the AANBV's Services. RESPONSIBIUTYOF COUNTY The County shag be responsible forthe following duties and requirements: 1. Provide County Funds. 2. Conduct a review of the AANBV's performance in providing the Services to be provided hereunder in order to assess County's continued participation in the funding of the AANBV. ' RECORD RETENTION The AANBV shall be responsible for record keeping on all Services provided to those individuals using Is services and all financial records. The AANBV agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy and,subject to the limitation of state law, any and all records the County determines, in Is sole discretion, to be necessary for the County to justify its continued participation in supporting the AANBV with Funds. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit bythe County, if it so desires. DISCRIMINATION The AANBV shall not discriminate against any employee or applicant for employment because of race, color, sex, or national origin. The AANBV shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeshi p. The AmberAlen Network Brazos Valley Page 3 of 10. AANBV agrees to post inconspicuous places available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. INDEMNITY The parties hereto agree to Indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action, omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the AANBV shall be an independent contractor and not an employee or agent of the County, and that each shall maintain-at its own expense, adequate liability insurance to Insure against damages and liabilities which may arise due to the duties and obligations contracted for herein. COUNTY INVOLVEMENT The County and AANBV state that to the best of their knowledge, no,officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the Services to which it relates has personal interest,direct or indirect,in this Agreement. GOVERNING LAW This Agreement shall,be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County,Texas,notwithstanding anything to the contrary. TERMINATION AANBV or County may unilaterally terminate this Agreement, at any time and for any reason, or no reason, by giving the other sixty (60) calendar days prior written notice. In the event of termination AANBV agrees to return funds to County of a pro rata basis based on a twelve(9 2)month calculation. AmberAlertNetworkBrazos Valley Page 44 10 voi. 9 NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing It, certified mail RRR to the other party at the following addresses: Amber Alert Network Brazos Valley P.O.Box 9282 College Station,TX 77842 Brazos County Commissioners Court CountyAdministration Building 200 So.Texas Ave. No.310 Bryan,Texas 77803 FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to cant' out the provisions of this Agreement. SEVERABILITY In the event that any provisions or portion of this Agreement are held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. L ASSIGNABILITY This Agreement is not assignable by the AANBV without the prior written consent ofthe County. AmberAlertAretworkBra=Yalley P@gejot /0 vol. pg. 0n r DATED this day of i . 2029: Brazos Cou Amber Alert Network Brazos Valley DUANE PETERS, JUDGE CHARFLLES R. EGER, Executive Director ATTEST: KARM McQUEEN, County Clerk AmberAlerlNetwork Brazos Valley. Page 60, (0 Vol. 2014 Pg. AMBER ALERT.NETWORK RAZ ALZ4# a4ar; y�r� r � ...Protecting Children,Preparing Responders,Educating Communities... Brazos County Request for Funding Additional Information for Outside Agency Questionnaire Page 3,Section II Request for Funding,E.1.Please explain in detail what the above amount will be used for. Fiscal Year 2021 Funding Review: During the Spring of 2020 when we submitted our initial funding proposal to Brazos County,we requested$10,000.00 to serve as 25%of the salary of our first employee in our original budget. At-that time,we had also submitted a request through the Office of the Governor(OOG)for funding that would cover another 50%of that employee's proposed salary of$40,000.00/year. While our grant proposal to the OOG ranked 2"d in the region in the category of Juvenile Justice, the monies allocated to BVCOG ran out after the top scoring grant was funded and as such,-we received no funding from the State of Texas. During the FY21 budget process we did not submit any requests to either the City of Bryan or College Station for funding as we were told that to do so,it would have to be part of the Community Development Block Grant process that had already begun for that FY. Other funding that we received for FY 21 included Brazos County 911($5,000.00),the Dansby Grant Foundation($15,000.00),Junior League BCS($1,500.00)as well as fundraising efforts through Brazos Valley Gives and individual donor engagement. Because of all these factors,the salary for the employee(Executive Director)was reduced to $20,000.00/year and other costs were adjusted accordingly for available funds. Fiscal Year 2022 Proposal: As we are now in the FY22 budget process we have again submitted a request through the OOG in the Juvenile Justice.grant category and have scored even higher this year,yet still ranking 2nd through the BVCOG process. It is our understanding that,as with last year,the top scoring grant will again utilize all allocated funds in the Juvenile Justice grant category for the region. P.0.Box 9282 College Station,TX 77842 www.aanbv.org ATTACHMENT A V0 I. 2 Pg. As such,the Board of Directors of the Amber Alert Network Brazos Valley are making or will make the following budget requests: • Brazos County:$5,000.00 to cover approximately 20%of salary of 1 employee and other business costs to include employer taxes,mileage insurance,financial reviews, printing,communication,etc. • City of Bryan:$5,000.00 to cover approximately 20%of salary of 1 employee and other business costs to include employer taxes,mileage insurance,financial reviews,printing, communication,etc. • City of College Station:$5,000.00 to cover approximately 20%of salary of 1 employee and other business costs to include employer taxes, mileage insurance,financial reviews, printing,communication,etc. • Dansby Grant Foundation:$10,000.00 to cover remaining salary costs of 1 employee and other business costs to include employer taxes, mileage insurance,financial reviews,printing,communication,etc. • Brazos County 911:$5,000.00 to cover business costs not covered by other funding sources and potential one-time purchases. If these funding requests are approved,it will put the organization in very much the same financial position as last year with an overall budget of$30-35,000.00 and leave the compensation for the Ione employee at the same rate. 1 By including the Cities of Bryan and College Station in this process for FY22, it allows requests to be evenly distributed among the primary law enforcement entities that deal with 85%of reported missing children in the region here in Brazos County. Current Programming Overview: Since moving into a donated space on the campus of Peace Lutheran Church in College Station and hiring the Executive Director,AANBV has remained active throughout the region,both with the public and with local law enforcement agencies. Some of our notable activities as of the end of April 2021 that we have conducted in partnership with our stakeholders include: • Respond on site to assist with alerting decision and public notification efforts for Bryan PD(January 2021) • Respond on site to assist with Amber Alert activations and follow up processes for Madison County Sheriff's Office and College Station Police Department(February and March 2021) Created and implemented an Endangered Missing Child(or Person)Advisory as a public alerting option for cases that do not meet Amber Alert criteria • Opened 16 cases for assistance(through family or law enforcement requests) consisting of 9 missing children,4 missing children related to Amber Alerts,1 missing young adult, 1 missing adult,and 1 endangered missing advisory for a suicidal adult. o Currently of those cases 3 children and 1 adult remain missing P.0.Box 9282 College Station,TX 77842 www.asnbv.org ATTACHM ENT A Vol. ego 2d3 • Assisted two Brazos County agency with on-going long-term missing person cases in continued public awareness and familial DNA collection and submission • Conducted 3 New Child Abduction Response Team Member trainings and 5 alerting process trainings for a total of 72 personnel from law enforcement agencies across the region • Conducted 4 NetSmartz trainings for members of the community reaching a total of 29 citizens • Conducted "Missing In The Brazos Valley Day"through a proclamation signed by all seven County Judges from the Brazos Valley • Produced English and Spanish versions of AANBV pamphlets and Child ID Kits • Held 11th Annual National Missing Children's Day Regional Poster Contest for 51h graders • Met with local media representatives regarding alerting processes • Continually review active missing person cases with law enforcement agencies throughout the region Page 4,Section 11 Request for Funding,F.If starting a new program or service,please explain briefly the need for the program,its goals and objectives,and how many will benefit from the program.Also explain how the program will be continued after the first year,methods for monitoring and evaluation of program results,if there are already similar programs and if any staff members will be needed,Please use additional sheets if necessary. The goal for AANBV moving forward is to continue with and expand on the efforts detailed above with regards to agency and community assistance with any missing child/person incident. Local agencies have expressed support for on-site assistance during critical cases as well as on-going support through social and traditional media channels as part of an overall strategy of recovering missing children/persons. We have struggled with gaining training opportunities to deliver the NetSmartz online safety curriculum developed by the National Center for Missing and Exploited Children. We are currently working with their Austin office to develop a media strategy to improve the public outreach and are confident that.the numbers represented above will improve moving from FY. 21 into FY 22. In our proposal to the Brazos County Commissioners Court for FY 21 we discussed the"Youth ARC"(Youth At Risk Coalition)program that we had proposed to the State of Texas OOG grant program. The concept of this program is to try to determine the root causes of why children go missing and utilize partnerships with appropriate social service agencies to address identified issues to prevent future instances involving the same child. This concept was supported by Ms. Linda Ricketson,Executive Director for Brazos County Juvenile Services in our FY 21 Brazos County funding proposal as well as both efforts through the OOG process. Unfortunately,as stated earlier,we did not receive OOG funding for FY 21 and most likely we will not receive OOG funding for FY 22 either. P.0.Box 9282 College Station,TX 77842 www.aartbv.org ATTACHMENT A Vol. 3 �L pg. 4.O4 We do feel that this program is important enough to continue to move forward with existing resources in a scaled approach to gain momentum. This work is already underway through meetings with representatives from Brazos County Sheriff's Office,Bryan Police Department, College Station Police Department and Texas A&M University Police Department. Through these on-going meetings our hope is to develop a Brazos County Youth ARC protocol for: • Development of a Youth ARC referral form to be completed at the time of the original missing child report • Development of a reporting process from law enforcement to AANBV for Youth ARC referral children and families • Development of a consistent timeline process for public notification of missing children, referral to the National Center for Missing and Exploited Children,the Texas Missing Persons Clearinghouse and NamUs • Development of a post-recovery interview tool to elicit root causes to be completed at the time the child is recovered and verified by law enforcement • Development of a multi-disciplinary review process and subsequent referral process to appropriate social service agency(s) P.O.Box 9282 College Station,TX 77842 www.aanbv.ors ATTACHMENT A Volo 7Pg. House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order(EO) 13224, Executive Order on Terrorist Financing —Blocking Property and Prohibiting Transactions With Persons)Nho Commit, Threaten to Commit,or Suppdrt Terrorism, effective 9124/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties Inst System(EPLS,https://www.sam.gov),which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC)Specially Designated National (SDN)list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent Is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non-debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F,Title 10,Government Code Chapter 2270: 1. Does not boycott Israel currently;and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001,Texas Government Code: 1. "Boycott Israel" means refusing to deal with,terminating business activities with, or otherwise taking any action that is intended to penalize,inflict economic harm on,or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made or ordinary business purposes;and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation,partnership,joint venture,limited partnership,limited liability partnership, or any limited liability company,including a wholly owned subsidiary,majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. a Company Name: �►�i-h �r -4� r�2 t,_, Authorized Company Representative: Address: z c--) C 9092- • �OGL�--�� � 770 /�. DTZ. Signature: Date:--- 1���Zr7L/ - T Contract#: 'Vol. 3qg-,— Pg.- /r�uo CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos.l-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business 2021-800767 Amber Alert Network Brazos Valley College Station,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/10/2021 being filed. Brazos County Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other propertyto be provided under the contract. 22-032 Public alerting related to missing children/persons,public and law enforcement training related to missing childrerdperson issues 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Inderined'tary 5 Check only if there is NO Interested Party. Q X 6 UNSWORN DECLARATION R I My name is nZL{ ,S � and my date of birth is My address is / /Z (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in �" ) �7�5 County;State of �� �f on the /Oday of ;507— 2CLV (month) (year) Signature of authorized agent of contracting business entity (Dedarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version Vl.l.lglb5cdc Vol. 3 ego C) _ FUNDING AGREEMENT BETWEEN BRAZOS CONTY AND BIG BROTHERS BIG SISTERS OF BRAZOS VALLEY THIS FUNDING AGREEMENT ("Agreement") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners hereinafter referred to as ("County")and BIG BROTHERS BIG SISTERS OF SOUTH TEXAS SERVING THE BRAZOS VALLEY, hereinafter referred to as ("BBBS") a non-profit organization dedicated to the improvement of Brazos County, and is effective October 1, 2021. RECITALS: WHEREAS, BBBS conducts the oldest, largest and most effective youth mentoring organization in the United States. It has been the leader in one-to-one youth service for more than a century, developing positive relationships that have a direct and lasting impact on the lives of young people;and WHEREAS BBBS serves children, ages 6 through 16, in communities across the country—including Brazos County:and WHEREAS, BBBS seeks to help Brazos County children reach their potential through professionally supported, one-to-one relationships with measurable impact by providing successful mentoring relationships for all children who need and want them, contributing to better schools,brighter futures, and stronger communities for all; and WHEREAS to accomplish the above stated public purposes, BBBS recruits, screens, trains and matches adult mentors with Brazos Valley youth who desire a mentoring relationship;and WHEREAS the County desires to assist BBBS in their efforts to promote the public purpose of providing successful mentoring relationships for all children who need and want them, contributing to better schools, brighter futures, and stronger communities for all;and NOW,THEREFORE, both parties agree to the following terms and conditions: AGREEMENT 1. FUNDING BBBS will be funded by the County in the amount of X30:000.00 ("Funds")for the term of this Agreement. Big Brnrherx Big Sister Agin ment Page I of 5 X01 o :i*� e ang 2. TERM OF AGREEMENT This Agreement shall be for a term of twelve(12)months commencing on the 15, day of October,2021,and terminating on the 30th day of September,2022. 3. ACCOUNTING AND AUDIT BBBS will provide, no later than March 31, 2022 and August 31, 2022, a detailed account of how the Funds were expended in comportment with this Agreement. BBBS agrees to furnish any information requested by the County Auditor, including documentation of the use of Funds received from the County. In the event it is determined by Brazos County.Commissioners Court that the Funds provided herein by the County to BBBS have not been expended in comportment with this Agreement, this Agreement shall automatically terminate and BBBS may be required to return to the County such Funds that were not properly expended. BBBS agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BBBS agrees to maintain such records for possible'audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. BBBS agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BBBS agrees that County,or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to BBBS under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of BBBS. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in BBBS annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by BBBS. 4. RECORD RETENTION BBBS shall be responsible for record keeping on all services provided and agrees to maintain and make available for inspection by the County upon request consistent with federal and state law,any and all records the County determines, in its sole discretion, to Big Brothers Dig Sisrerr Agreement Page 2 oj•S ��O�o 3.41.2- pg. �� be necessary for the Court to justify its continued participation in supporting BBBS with funding. 5. INDEMNITY The parties agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. 6. INSURANCE The parties hereto agree that BBBS shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. 7. COUNTYINVOLVEMENT The County and BBBS state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. 8. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 9. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail to the other party at the following addresses: Big Bmdws Big Sista"Agrecniant Page 3 of 5 Vol, Y+c'?- s- Pg. [O Big Brothers Big Sisters Brazos County Terry Dougherty c/o Commissioners Court 315 Tauber St. 200 So. Texas Ave. No. 310 College Station,TX 77840 Bryan, Texas 77803 10. IMMUNITY As a result of its execution of this Agreement and performance of the functions and obligations described herein, Brazos County does not waive or relinquish any immunity or defense on behalf of itself, its commissioners, officers, employees, or authorized representatives. 11. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. 12. SEVERABILITY In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. 13. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. 14. ASSIGNABILITY This Agreement is not assignable by the EBBS without the prior written consent of the County. Big Brathers Big Stetars Agreement Page 4 qfS F-vol. 3 �g. 2 f L WITNESS OUR HANDS this _day of , 2021. BIG BROTHERS BIG SISTERS OF SOUTH TEXAS Terry Dougherty,AutWorizeOZepresentative BRAZOS COUNTY,TEXAS ATTEST: Duane eters, County Ju ge K ren cQueen, Brazos County Clerk 8i;8rr thcrk 8ik Sisters ALreciaml Page 5 nl-i CERTIFICATE OF INTERESTED PARTIES FORM 3.295 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 it there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2021-801124 BBBS of South Texas(Brazos) College Station,TX United States Date Filed: 2 Name o governmental entityor state agency that Is a parry to a contract for wh c e form is 09/13/2021 being filed. Brazos County Date Acknowledged.- 9 cknowledged:9 Provide the Identification number used by the governmental entity or state agency to track or Identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 22-033 Youth Mentoring 4 Nature of interest Nance of Interested Party City,State,Country,(place of business) (check applicable) Controlling Inteimed(ary 5 Check only if there is NO Interested Party, X 6 UNSWORN DECLARATION My name Is 7Trr ai Deg41;&-t=ry and my date of birth is ]116 Z6-7 J /Ay address is .3`��0 CT/'t`'ell tree G(/►G� C()`�C'q�' SfM/OM, , (stroet) fGtyl (state) (zip codo) (ceuntryl I declare under penalty of perjury that the foregoing is true and correct. Executed in__ 13r d1 2,!f-f County,State of LX a on the day of ! ,20 Z.i , (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission wvmr.ethics.state,b(.us Version V1.1.191b5cdc /®lo 3*rd,,- pg. 1U3 t 1 House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224., Executive Order on Terrorist Financing - Blocking Property and Prohibiting Transactions With Persons Who Commit,Threaten to Commit, or Support Terrorism, effective 9124/2001 and any subsequent- changes made to it via cross-referencing resporidents/vendoi•s with the Federal General Services Administration's Excluded Parties List System(EPLS,https://www.sam.gov),which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) fist. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described In Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non-debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of-Subtitle F,Title 10,Government Code Chapter 2270: 1. Does not boycott Israel currently;and 2.' Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001,Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on,or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made or ordinary business purposes;and 2, "Company" means a for-profit sole proprietorship, organization, association, corporation,partnership,joint venture,limited partnership,limited liability partnership, or any limited liability company,including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate or those entities or business associations that exist to make a profit, - r Company Name: /�8ro 7`/r Bf-'Ts 13,11 S1,'s ferS U 1 soaM / X/I— S Kgra ZDS) Authorized Company Representative:. L e--Pr / UOiLC �f TN Address: 215- 7—ew,, er Collece. s'teLT1y.,-7_ 7"exas 7W Signature: / Date: VIJ /zl Contract ix: FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY PRECINCT 3 VOLUNTEER FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of Precinct Three ("Agreement") is hereby effective October 1, 2021, by and between the .BRAZOS COUNTY PRECINCT THREE VOLUNTEER .FIRE DEPARTMENT, INC. ("Department") and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract With an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code§352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than. to purchase equipment .and operate a County fire department; and WHEREAS, the Department is located within the County arid shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS,, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the,mutual covenants and conditions contained herein, agree as follows; AGREEMENT SCOPE 1. Department shall provide fire protection services to any person who requests it within the confines of Precinct 3, as described on. Exhibit "Au attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 2 and 4 it shall provide services in these areas, if.possible..A more Aetailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673, ire Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that,office if.a question about the boundaries of the Precincts should.arise. Precinct.3 Volunteer rtre Dept.Agreement Page l of 4 VOL 32q),_ Pg. �� 2. All requests for services under this Agreement shall be made through the 9-1- 9 Emergency Communications .District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and .certified personnel in compliance with Subchapter D of Chapter 419, Texas. Government Code. The County is not responsible for damage to equipment or injury to.any person, or for the actions of the.Department or*their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sum of$29,000.00 upon execution of this Agreement("Funds"). 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement term shall be from October 1, 2021 and terminate at 12:00 a.m. (C.S.T.) on September 3.0, 2022. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the :Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro-rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on. the date personally delivered, faxed, or deposited in the U.S. Mail to the.following parties: Department: Brazos County Precinct Three Volunteer Fire Department,'Inc. P.O.Box 5453 Bryan,TX 77805-5453 Atte: Jason Loyd, President County: Brazos County Commissioners Court 200 South Texas Ave.,Suite 310 .Bryan,TX 77803 Precinct J Vdiunteer Rre.pept.Agreement Page'Z of 4 DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered :to be the act of an agent of the County. 9. The County does not waive or relinquish any immunities. or defense :it has under.law, on behalf of itself, its officers, employees, or agents as a 'result of its execution of this Agreement and the performance of the covenants.hetein. MISCELLANEOUS PROVISIONS M If any, provision of the. Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent 'jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions:approximating the original intent of the parties. 11. This.Agreement is the entire Agreement between the Department and the County relating to the provision.of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral: 12. This Agreement is for the benefit of the parties to the Agreement and does not confer any rights on any third parties. 13: No amendment to this Agreement shall beeffective and binding unless and until it is:reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas: This Agreement and all matters related thereto shall be performed in Brazos County,Texas. 15. Failure of any party at ahy time, to enforce a provision. of this Agreement, shall not constitute a waiver of that provision,nor in any way-affect the validity of this Agreement or.the right of:any party thereafter':to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be. in writing and signed -by the party(res) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. Precinct 3.Vokmteer Fire Dept Agreement Page 3.6f 4 Pg. 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Department agrees that County; or its designated representative, shall. have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for minimum of three (3)years after the termination date of this Agreement, unless a longer period of records retention is stipulated.. Department agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners, Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely.paid for by the Department. If an independent financial audit. is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Department annual financial report,. but which .are of concern to or under the suggestion of the auditor. Annual financial statements (audited if available) are due to County within six (6) months. of completion. Brazos County Precinct Three Brazos C Te Volunteer Fire Department,Inc. By: Ja LoydIPre0dent Du' cP�ete�rls, County Judge Date: Date: .ATTEST: Karen McQueen, Coun Clerk Precinct 3 Volunteer Fire Dept.Agreemeta. Page 4 of 4 gI House Bill 89 & Debarment Verification Brazos County►s federally mandated-to 'adhere to the directions.provided in the President's :Executive Order (EO) 13224, Executive Order on Terrorist Financing Blocking Property and Prohibiting Transactions With Persons*6 Commit,Threaten to Commit, or Support Terrorism, effective 9%24/2001 and any subsequent changes made to .it via cross-referencing respondents/vendors with the Federal Genera) Services.Administration.s Excluded Parties List .System(EPLS,-https:Uwwrii.sam.gov),which Is inclusive.of the Uriited.States Treasury's Office of Foreign Assets.Control.(OFAC) Speclally Designated National.(SDN)At. Respondent certifies that the responding entity and its principals are,eligible to participate in this transaction and have- not been subjected to suspension, debarment,.or simtlar'iheligibilitydetermined by any'federal, state or local'govemmental entity and.that:Respondent is in compliance with the State of Texas statutes and Nes relating to procurement-and that Respondent is not listed on the federal govgmMenfs terrorism watch list as described in Executive.Order 13224.,Entities ineligible for federal procurement are listed at https:ltwww.sam.gov. The undersigned affirms the non-debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company .'submitting this proposal, under the provisions of Subtitle F,Title 10,Government Code Chapter 2270: 1. Does not boycott.lsrael currently;.and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 22 0.001,Texas Govemment Code.. 1. "Bpycott Israel"means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended.to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entitydoing - business in Israel or in an Israeli-'controlled territory., but does not include.an action made or ordinary business purposes;and. 2. "Company" means a for-proft sole 'proprietorship, organization, association, corporation,partnership,joint venture, limited partnership,'i'imited liability partnership, orany limited liability company„including a wholly owned subsidiary,majority-owned subsidiary, parent.company-or affiliate of those entities-or business associations that exist to make.a.prord. Company Name:__► taZoS C;ta.&A ., ;j ACA 3 1{ylyn epr �l�e W, -oe.ATW4j4�aAc, Authorized Company Representative: T)- -1o Address: _Rai FSOZ 5g5,s 13t �i 7"k-7-736:5--f q5f—, s-Q Ad rt ss : S?Z 5. i5ma.Weeck6n , :CV G� ;Sk4+iar�C778:�Sr" Signature: Date:. t�1 Z S Contract#: O� Vol. pg 1 s C l � FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS MATERNAL& CHILD HEALTH CLINIC, INC. THIS AGREEMENT FOR FUNDING ("Agreement") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners(hereinafter"County"), and the BRAZOS MATERNAL&CHILD HEALTH CLINIC, INC. (hereinafter "Provider"), located at 3370 South Texas Avenue, Suite G, Bryan, Texas 77802, and is effective October 1, 2021. RECITALS: WHEREAS, Chapter 61 of the Health & Safety Code provides for Texas counties not served by a public hospital or hospital district to be the payor of last resort for basic health care for eligible indigent county residents; and WHEREAS, Section 61.028 of the Health & Safety Code observes that basic services include family planning, laboratory, skilled nursing, physician and inpatient and outpatient hospital services; and WHEREAS, the County is interested in promoting such care through the Provider which provides all or part of such basic services; NOW, THEREFORE the parties above agree to provide such indigent health care under the following terms and conditions. AGREEMENT TERM This Agreement shall continue in force and effect for a term of approximately twelve (12) months commencing on the 1st day of October 2021 and terminating on the 30th day of September 2022. CANCELLATION This Agreement may be canceled by any of the parties hereto upon sixty(60)days written notice as provided herein. SERVICES TO BE PERFORMED BY PROVIDER Provider shall provide the following services through trained, salaried staff to pregnant women who qualify for such services pursuant to the guidelines currently implemented for making such determination: interviews, lab work, physical exams, educational information and medicine as needed (collectively, "Services"). Brazos Maternal&Child Health Clinic Agreement Page 1 of 5 V0 1. 3 4)- Pg, 20 e USE OF COUNTY FUNDS Funds to'be'furnished to Provider as stated below shall be used pursuant to the County.s:authority as set forth-in Chapter 61 of the Texas Health&Safety Code. COUNTY'S PAYMENT: The County agrees to fund the Provider the sum of$73:000.QO ("Funds") forthe term of this Agreement. RESPONSIBILITIES OF PROVIDER Provider will be responsible:forproviding the following Services pursuant to this Agreement: 1. All necessary application'forms to potentially eligible individuals. ;2._ . Obtaining and compiling information on each applicant for Provider:SerVic_es with regard to residency and financial qualifications. 3. Maintainingthis Agreement. 4. Providing of the Provider's Services. 5.: Maintaining.data files on clients avid the Services provided thereto: 6. Respond to all and any inquiries by the County regarding the Provider and its Services. 7. Provider agrees that County,or its designated representative,shall have the right to review and to copy any records-and supporting documentation pertaining to the performance of this Agreement.Provider agrees to maintain such records for possible audit for a minimum of.three (3) years after the termination date of this Agreement, unless a longer period- of records . retention is stipulated.Provider agrees to.allow the auditor(s)access to such records durino:-normal business hours and 'to allow interviews of. any employees who might reasonably have information related to such records. Provider agrees that-County, or its designated representative; shall further have the right.to review and to copy any records and 'supporting documentation for prior years in which County provided funds to the Provider under prior Agreements. Any audit will be conducted by County personnel or an 'Independent third party, as determihed by the. Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party,all costs.and expenses associated with said audit will be solely paid for by the Brazos Maternal&Child Health Clinic Agreement Page Z ofS P9 Vol. Provider. 8. Provider will providd-firiaricial statements to the County A ditorevidencing how County,funds are spent..:Such statements to be;submitted to County one week prior to_the funding dates set forth herein above.. 9.. Providerwill.'provide the County with any and all certified'audits of Provider and the management letter:p.repared in connection therewith. 10. Provider will. provide."the Court with:statistics evidencing.the. number of- Brazos County.residents using.the Provider's Services:and the percentage Brazos County residents comprise of the-total population using Provider's Services. RECORD R5TENTION The Providee shall be responsible for record keeping on all Services provided to those indiuiduais using its Services'and all financial records of the Provider. The:Provider. agrees:to maintain and make available for-inspection by the :County upon: request consistent with.personal privacy and subject to th.e'limitation of state law; any and all xecords the County determines,in its sole discretion;to be necessary for the'Co:urt to justify its continued participation in supporting the Provider with funding. Such records.shall be retained for at least three(3)years from the date the service was provided. These records :shall be made available for inspection and audit by the-County, if requested. DISCRIMINATION The Provider shall not.discriminate against: any employee. or applicant for employment because of f race,color,religion,sex,or national origin. The Providershall take affirmative action to ensure.that applicants who are employed-are treated during employment,without regard to their.race,color,religion,,sex;or national origin:-Such action shall include, but not be limited.to, the.following: employment, upgrading; demotion, or transfer; recruitment or recruitment advertising; layoff or termination;rated of pay or other forms of compensation;and selection for training, including apprenticeship. The Provider agrees to post iri conspicuous places, available to employees and applicants for 'employment, notices setting forth the provisions of this nondiscrimination clause. INDEMNITY The parties hereto agree to indemnify one another for -and hold one,another harmless from and against all suits, claims.,:demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the Services stated herein and for any damage to any person resulting from any act or omission or negligence on the part of each party hereto. Brazos Maternal&Child Health Clinic Agreement Page j of 5 INSURANCE The parties hereto agree-that the Provider-shall-be an independent contractor-and not any.employee or agpht:of.the County:and:that each shall maintain at its own expense, adequate liability-insurance to insure.agoinst damages and liabilities which may arise due : - -to the duties and obligations contracted for herein." = COUNTY INVOLVEMENT The County and Provider state that to the best of their knowledge,.no officer,agent or employee of the County who exercises any function or responsibility in connectiortwith We carrying out of this-Agreement.or the.Services to which it relates has personal interest; :either direct-or indirect, in this Agreement. GOVERNING LAW This Agreementshall be executed in and shall be governed by the laws of the State of Texas.= NOTICES . All. notices require.d:to:be given hereunder shall be deemed to be duly-given:by delivering such notice or by mailing it, registered mail to.the other party at the following addresses: BRAZOS MATERNAL& CHILD HEALTH CLINIC, INGG. .3370 South Texas Ave,-Suite "G"' Bryan, Texas 778.02 BRAZOS.CO.UNTY COMMI,& :LONERS COURT 20.0.So. Texas Avenue; Suite 310 Bryan, Texas 77803 FURTHER ASSURANCES Each.party hereto agrees to perform any further acts and to execute and deliver any 'further documents,which maybe necessary to carry out the provisions.of this Agreement. NO.WAIVER OF IMMUNITY The parties expressly agree that no provision of this Agreement is in any:way intended to constitute a waiver or any immunities from suit or from liability by Brazos - Brazos Maternal&Child Health Clinic Agreement Page 4 of 5 voi0 o ��3 County has by.operatiorrof law. Nothing in this Agreement is intended to benefit any third party beneficiary.: SEVERABILITY- In.the everif that any of.the provisions or portions thereof, of:this Agreement, are held to be unenforceable or:invalid by any court of competentjurisdiction,the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. .ASSIGNABILITY .. This Agreement is not assignable by the Provider without the prior written consent of the County. ENTIRE AGREEMENT This •Agreement contains' the, eritire understanding between the parties hereto concerning the. subject matter 'contained herein. There are no. representations, agreements, arrangements, or understandings; oral or written,.between or among the parties hereto, relating to the.subject matter of.the Agreement, which are not fully expressed herein: _ ,kecuted in duplicate, each of which shall have the full force and effect of an original. DATED this "1 day of t&jm i}CV , 2021-. B-razos County ATTEST:. By: B . Duane Pe rs, Brazos County Judge Karen McQueen, Brazosunty.Cler Brazos Maternal&Child Health Clinic, Inc. OABy:. G By: - - Lynn Yeager, Executive Director 'Q�P.'r��esid� Brazos,Maternal&Child Health Clinic Agreement Page 5 of 5 r House.Bill 89 & Debarment Verification. . Brazos County is.federally mandated.to adhere to the directions provided 'in -the President's Executive Order-(EO) 13224, Executive Order on Terrorist Financing:. Blocking Property and Prohibiting Transactions .With Persons Who Commit, Threaten to Commit, or Support Terrorism, effectye' 9/24/2001 and any subsequent changes -made to it via -Cross-referencing•_ respondeiitsivendors with the Federal General Servides Administration's:Excluded Parties List System(EPLS, https://www sam.gov),which is:inclusive of the Vnited.States Treasury's Office of Foreign Assets Control (QFAC) Specially Designated National-(SDN) list. Respondent certifies that the responding-entity and its principals are eligible to-participate in this transaction and have not been:subjected to suspension,:debarment, or similar:ineligibility determined by-any federal, . state or-locel governmental.entity and that Respondert is'in compliance with the State of Texas statutes and rules relating'to procurement and:that Respondent-is not listed on the..feder-al government's terrorism watch,list as described-in Executive Order.13224, Entities ineligible for- federal procurement are listed.at.https://www.sam.gov. The. undersigned. affirms the non-debarment-statement above, than they are duly authorized execute this contract. The company r'epresentative.below further affirms,.that'the-company submitting this proposal, . under th'e'provisions of Subtitle F,Title 10,Government-Cone Chapter2270: 1. ,Does'not boycott Israel currently;and 2. Will not boycott Israel during the term of the.contract. Pursuant to Section 2270.001,Texas Government-Code: 1. "Boycott Israel" means refusing to deal with,terminating business activities with, or otherwise taking any.aotion that is intended to:penalize, inflict economic.harm on, or limit commercial relations specifically'with Israel, or with a.person or entity doing business in:Israel or in an Israeli-controlled territory, but does not include an action made or ordiriary�business purposes;and 2. "Company" means :a for-profit sole proprietorship, organization, association, ' dorooration,partnership,joint venture, limited partnership,limited liability partnership, or any limited'liability company, including a wholly owned subsidiary, majority-owned subsidiary,'parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: y . l Authorized Company Representative: Address: •t Signature: . . ^ y _.. . . . .Date: 9W A r Contract#: 04 Vol. 2 Pg® 225 CERTIFICATE OF INTERESTED PARTIES IFORM 1295 16f l Complete Nos,1'-'.4 and 6 if there are interested parties, OFFICE USE ONLY Complete Nos:1,2,3;5,and 6 if there are'no interested parties. CERTIFICATION OF FILING 1: Name of business entity,filirig farm,and the city,state and country of the husiness'entityi's place Certificate Number of business. 2021-$00223 Brazos Maternal&t*hild Health Clinic,the(Tt_ie Prenatal Cli: Bryan;TX United Sffes Date Filed: 2 .Name of governmental entity or state agency that is A parry to the contract for which the forms 09/09/2021 'tieing ffled. Brazos County,Tx,. Date Acknowledged:' 3. Provide the Identification number used by the governhieritai entity or state agency to track or identify the:contract,and provide a desaription-of the services,goods,or other property to be provided under the 66htiaet.' 22-044 Prenatal.medical and educational'services 4 Nature-of intetesf- N ' ame of Interested Patty City,State,Country(place of business) (check applicable) Contrtillirig lritermediary 5 :Check-only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is :,.and my date of birth Is.© 30 r q3 My address is. . 1 �; � wba._til (street) cily). (state) (zip code)... (country) I declare under penalty of perjury that the foregoing is true and correct, Executed iriJ �1 / CoU.nty,State of .1 on the day of 20,�. ( (Year) XIAJ Signature of hJth0rIzdMgent of contracting busiriess entity (Declarant) Forms provided by Texas Ethics Comfss' . hiss,stataVersion V1.1.191b5cdc Vol. off. pg.. 11)9CO INDIGENT HEALTH CARE AGREEMENT This Indigent Health Care Agreement ("Agreement") is entered into by and between BRAZOS COUNTY acting by and through its duly elected COURT OF COMMISSIONERS (hereinafter "County") and the BRAZOS VALLEY COUNCIL OF GOVERNMENTS (hereinafter"BVCOG"). The purpose of the Agreement is to provide for the administration of the heath care program for eligible Brazos County residents pursuant to the Indigent Health Care and Treatment Act, Texas Health&Safety Code, Chapter 61 (the"Act"). The parties mutually agree as follows: In compliance with the Indigent Health Care and Treatment Act("Act"), County agrees to provide basic health care assistance to eligible County residents by reimbursing providers of services to households who meet the requirements of the Act, the Texas Department of State Health Services regulations and the Texas Administrative Code Title 25, Chapter 14. County enters into this agreement with the BVCOG to share the costs of the regional administration of the Indigent Health Care Program. RATES FOR REIMBURSEMENT The County agrees to pay the County's share of the cost of the administration of the County Indigent Health Care(CIHC)Program for eligible Brazos County residents.County agrees to pay BVCOG $ 96,700.00 ("Funds") for the 2022 fiscal year, October 1, 2021 through September 30,2022, in quarterly installments. RESPONSIBILITIES OF BVCOG For and in consideration of the funding provided by the County, the BVCOG agrees to administer the Brazos County Indigent Health Care Program in compliance with the Act and pursuant to the regulations of the Texas Department of State Health Services and the Texas.Administrative Code,Title 25, Chapter 14, by providing: 1. Written minimum eligibility standards and application, documentation, and verification procedures to determine eligibility for indigent health care under the Act. 2. An annual review no later than the beginning of a state fiscal year of the County eligibility standards and a reasonable notice of the standards to the public. 3. An application procedure including forms and notification of the procedure to the public. Vol. 2- pg.-)-9:1— CIRC Agreement 2 BRAZOS County—BVCOG 4. Intake services in Brazos County at least once a month. 5. Assistance to applicants in the accurate completion of the application process including all needed verifications,documentation, and supplemental information. 6. Screening, assessment, and determination of each applicant's eligibility for indigent health care. 7. An explanation to the applicant, if approved, of the obligation to report any change in income or resources that might affect the applicant's eligibility and the possible penalties under the law for failure to report such a change. 8. A decision regarding acceptance or denial of the application not later 14'h than the day after the date on which the BVCOG receives a complete application, and a written notification of the decision to the applicant, including the reason for any denial, the process for resubmitting an application at any time circumstances justify a redetermination of eligibility, and an explanation of the appeals procedure. 9. An administrative hearing procedure with appropriate due process considerations, notification forms, and an appeals process for individuals or households whose application has been denied. 14. Retention of all records relating to an application at least until the end of the third complete state fiscal year following the date on which the application is submitted. 11.A response to all inquiries regarding the program pursuant -to the Texas Public Information Act, Texas'Government Code Chapter 552. 12.An annual written review of the program's management and operation. 13.A review of the eligibility of each household at least once every six(6) months. 14.A list of eligible Brazos County residents distributed to each provider once every six (6) months. 15.A review of all bills submitted to BVCOG by the medical provider(s)to verify accuracy and the eligibility of the patient. 16. Remittance to the County of bills that have been reviewed and approved for payment to the medical provider. voi. 349- Pg. 2,2 s MC.4greement 3 BR4ZOS County—BVCOG RESPONSIBILITIES OF THE COUNTY For and in consideration of the services provided by BVCOG, the County will provide: 1. Payment in accordance with the payment standards of the Act for services determined by BVCOG to be an accurate rendering of services to an eligible patient. 2. Payment of BVCOG'S cost to administer Brazos County's portion of the indigent health care program on a quarterly basis. 3. An audit of the program. 4. Responsibility for payment of services in accordance with the Indigent Health Care and Treatment Act. 5. Payment for County's pro rata share of outside audit services, If necessary. TERM This Agreement is for one (1)year, from October 1, 2021 until September 30, 2022. CANCELLATION This Agreement may be cancelled by either of the parties hereto upon sixty (60) days written notice. AUDIT BVCOG agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BVCOG agrees to maintain such records for possible audit for a minimum of three (3)years after the termination date of this Agreement, unless a longer period of records retention is stipulated. BVCOG agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records.BVCOG agrees that County,or its designated representative,shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the BVCOG under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the COUNTY. Annual financial statements(audited if available)are available to the Brazos County upon request within six(6) months of completion. Vol. Pg. 2 CIHCAgreement 4 BR,4ZOS County—BVCOG ALTERNATIVE DISPUTE RESOLUTION The parties agree that, in the event that suit is filed by either of them based on or pertaining to this Agreement,they shall submit this dispute to mediation as described in Section 154.023 of the Texas Civil Practices and Remedies Code. The parties further agree that the results of the mediation will not be binding on the parties. The parties.shall have the right to undertake proceedings in a court of proper jurisdiction. INDEMNITY Any monetary loss suffered by the County from ineligible clients,mistake,fraud or other conditions can be recovered from the BVCOG only to the extent of available insurance. AMENDMENT This Agreement shall be automatically amended by the amendments made to the Act by the State Legislature.In all other respects,this Agreement may be modified,amended, altered or extended only by a written amendment signed by the parties. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas, The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County,Texas. Venue shall lie exclusively in Brazos County,Texas, notwithstanding anything to the contrary. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents,which may be necessary to carry out the provisions of this Agreement. FORCE MAJEURE Neither party shall be liable for any failure or delay in performance under this Agreement(other than for delay in the payment of money due and payable hereunder)to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without.limitation, failure of suppliers, subcontractors, and software providers, phone and internet service providers, carriers, or other parties to substantially meet its performance obligations under this Agreement,provided that,as a condition to the claim of nonliability,the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon and an expected date when obligations under this Agreement will be resumed. V®i. pg, Zo CIHC.4greement 5 BRAZOS County–BVCOG SEVERABILITY In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties.There are no representations, agreements, arrangements or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement,which are not fully expressed herein. FISCAL FUNDING Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item or obligation contained herein for the term of the Agreement and any extension thereto. BVCOG, or any other person or entity directly or indirectly employed by the BVCOG or any other person or entity to whom the BVCOG may be liable to,shall have no right of action against the County in the event the county is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Agreement by written notice to the BVCOG at the earliest possible time under the circumstances. EFFECTIVE the—�day of ST�ffiLk2021. BRAZOS COUNTY By: e hl Judge Duane Peters BRAZO=--Date RNMENTS By; ,-�,. Michael Parks Executive Director Vol. _ pg. �3 House Brill 89 & Debarment Verification Brazos County is 'federally mandated-to adhere to the directions provided' in.the President's Executive Order (EO) 13224,. Executive Order on Terrorist Financing — Blocking Property. and Prohibiting Transactions Wth Persons Who Commit;Threaten to'Commit,.or Support Terrorism, effective 9/24/20,01 and any subsequent changes made ,to it. via cross=referencing respondents/vendors with the Federal General Services,Atlrriinistration:s Excluded Patties List System.(EPLS„https://wwwsam.gov),inrhich is inclusive bf#tie United,States Treasury's:Office.:of Foreign Assets Control (OFAC) Specially Designated National'(SDN) list: Respondent certifies that.ffie.responding entity and its principals are-eligible.to participate in this transaction,and have not been,subjected to:sUspensfon, debarment, or.similar ineligibility.determined by, -any federal, state or.iocal governmental entity'and that Respondent is in compliance.with the State of Texas statutes and rules relating 'to procurement and that. Respondent is not .listed on the.federal government's terrorism watch list.as:described in Executive Order 13224..Entities ineligible for federal procurement ar$listed bf https.://www.sam-.969, The undersigned affirms-the non-debarme..."nt statement above, `that they are duly .authorized execute this.contract. The company representative below furthor,affirms, that the company submitting this proposal; under the provisions of Subtitle F,'Title 10,:G6veroment Code Chapter 2270: 1. Does not.boycott.lsrael currently;and 2: Wfll..not boycott israe1 during the`ferm of the contract. Pursuant to Section 2270.0.01,Texas Government:Code: 1. "Boycott-lsrael"means refusing to.deal with,'terminatirig business activities with, or otherwise taking any action that is intended to penalize,anflict-economiQ harm:on, or limit commercial -relations specifically with Israel, or with.a person or:entity doing business in.lsrsel or in an Israeli-controlled territory,,but does not.*Include.an action made'or;ordinary business-purposes;and 2. "Company" means a for-profit sole proprietorship, :organization, association; corporation,par tnership,.joint-venture., limitedd-padnerst ip, liimitedliability partnership, or any limited liability company, including a wholly owned:0bsI0i",.niajority-owned subsidiary, parent:companyt -affiliate.of those entitles or businoss.associations that- exist hatexist to make a profit. Authorized Company Representative: 1 'e Address; _�•�. 1 AaU VA Signature ..f• 1, 1 Date: 1 2_1 Contract.9- Vim) Vol. pg. ��� FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND HEALTH FOR ALL, INC. THIS FUNDING AGREEMENT' ("Agreement") effective October 1, 2021 is entered into by and between Brazos County, Texas, acting by and through its duly elected County. Commissioners (hereinafter "County"), and the Health for All, Inc. (hereinafter"Service Provider"), located at'P.O. Box 5913, Bryan, Texas 77805,. RECITALS WHEREAS, the medical care of the County's eligible indigent population has become a growing problem; and WHEREAS, pursuant to Chapter .61 of the Texas Health and Safety Code, the County is the payor of last.-resort'for the provision of basic health care services to eligible indigent county residerts; and WHEREAS, the County.% required.by Chapter 61 of the Heaifh and Safety Code to provide, as a payor of-last resort, certain basic health care assistance to its eligible count residents and desires to-do so through the Service Provider, NOW THEREFORE the parties agree to the followirig terms and conditions to provide such eligible indigent health care. AGREEMENT 1. Term The Agreement-shall continue in force and effect for a term of twelve (12) months commencing on the 1st day.of October, 2021 and terminating 30th day of September, 2022: 2. Cancellation This Agreement may be canceled by any of the parties hereto upon sixty (60) days written notice as provided herein: 3. Services to'be Performed by Service Provider Service Provider -shall provide the following services through trained, staff 'to qualified county residents pursuant to the guidelines currently implemented for making such determination: physical exams, educational information; information on.sources of prescription medication and/or access. to "sample" or subsidized medications, coordination of physician care during. hospitalization (collectively"Services"). Heallh Fur All Agreement Page 1 of is Vol. 34� pg. 33 I 4. Use of County Funds Funds to be furnished to Service Provider as stated below.shali be used provide support for the increase in prdviders, operations, and access- to healthcare. The .primary goal of the project is to expand the capacity*the free clinic thereby improving access :to chronic disease management and preventive services for the indigent population in the region. The County and Service Provider acknowledge.that the County`s purpose in providing funds hereuiid& is -to provide medical assistance to eligiblefndigent applicants and help expand access to primary care clinic space, hours, and clinic staffing and that trained personnel of Service Provider is designed to accomplish these goals. Funds will not-be used to purchase or build a clinic or ofFcce nor will they be used to purchase land. 5. County's Payment The County agrees to provide the Service Provider a maximum sum of $25,000M CFunds")for the term of this Agreement. The Funds shall be paid in equal installments quarterly. 6. Rdponsibfff6es of Service Provider Service Provider will be responsible for providing the following Services pursuant to this agreement: 6.1 Completing all necessary application forms to :potentially eligible Indigent Individuals:- 6.2 Obtaining and compiling informationon each applicant for Service Provider's Ser-vices with regard to residency and financial qualifications 6.3 Maintaining this Agreement. 6.4 'Provision of the Service Provider's Services as defined.herein. 6.5 Mafritafning data files on clients/patients and the Services provided thereto: 6.6 Responding to all and any inquiries by the County regarding the Service Provider and its Services. 6.7 Assisting the County with information needed for audit purposes. 6.8 Providing the County with quarteriy financial statements. 6.9 Providing the County with any and ail certified audits of Service Provider. and the managemerit letter prepared in connection therewith. Health Por All Ao•eeme'ti[ Pagel oj15 6.10 Providing 'financial statements evidencing how County funds are spent. Such statements to be submitted to County one (1)week prior to the funding dates set forth herein above. 6.11 Providing the County with statistics evidencing the. number of Brazos County residents using the Service Provider's Services and the percentage Brazos County residents comprise of the total population using Service Provider's services. 7. Record Retention The Service Provider shall be responsible for record'keeping on all Services provided to those individuals using its services and all financial records. The Service Provider agrees to maintain. and make Available for inspection by the County upon request, consistent with personal privacy, and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify- its continued participation in supporting the Service Provider with funding. Such records shall be retained for at least three'(3) years from the date the service was provided.These records shall be made available for inspection and audit by the County, if it so desires. 8. Accounting and Audit The Service Provider agrees that County, or Its designated'representative, shall have the right to review and to copy any records and supporting documentation pertaining to. the performance of this Agreement. The Service Provider agrees to maintain such records for possible audit.for a minimum of .three- (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. The Service Provider agrees to allow the auditors).access to such records during normal business hours and to -allow interviews of any employees who might reasonably have information related to such records. The Service Provider agrees that County, or its designated representative., shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds 'to the Service Provider under prior Agreements. Any audit will be conducted'by* County personnel or an independent third party,, as determined by the Brazos County-Commissioners Court. If the Brazos CounfyCommissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. 9. Discrimination -The'Service:Provider shall not discriminate against anY.employee or applicant for employment. because of race, color, religion, sex, or national origin. The Service Provider shall take affirmative,action to ensure that applicants who are ernployed are treated during employment, without regard to their race, color; religion; sex, or national Health For All Agreemeal -Page 3 of 15 Vol. p . �3J origin. Such action shall include, but .not be limited to, the following: employment; upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rated of pay or other forms of compensation;. and selection for training, including apprenticeship. The Service Provider agrees-to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 10. Confidentiality The Service Provider shall comply with applicable local, State and .Federal statutes; laws and regulations as well as administrative rules regarding confidential records or other information obtained by the Service Provider concerning persons served under this.Agreement. The records and information shall be protected by the' Service Provider from unauthorized disclosure. 11. Health insurance Portability and Accountability Act. The Service Provider certifies that it: -in compliance with'the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Public Law No. 104-191, 45 CFR Parts 160, 162 and 164, the Social Security Act 42 U.S.C. 1320d-2-through 1320d-7, in that such Service Provider may not use or disclose protected health information other than as permitted or required -by law and :agrees to use appropriate safeguards to prevent use or disclosure of:the.protected health information.The Service Provider shall maintain for a minimum of six(6)years all protected health information. 12. Indemnitv The Service Provider agrees to and shall indemnify and hold harmless and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages- causes of action, :suits, and.liability of any kind, including claims of respondent superior or vicarious liability, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of Agreement arising out of or in connection with any work.done by the.Service Provider pursuant to this Agreement. 13. Insurance Each party to this agreement is responsible for maintaining its own liability insurance and worker's compensation insurance, and each party Wil[ provide :prod# of same to the other party'on requdst. The Service Provider shall maintain during the term of.this Agreement a $1,000,000.00 malpractice insurance policy.and'a General.Liability Policy of -$1,000,00.0.00 naming Brazos. County, as 'an additional' insured. Such coverage shall be designated as primary over any coverage Brazos County may have in force. Service. Provider shall provide a Certificate of Insurance for both policies:which shall provide for a fifteen (15) days advance notice to County of the cancellation of such policy. Kealtlt For.M Agreeinent page 4.of 1S Vol. �J`� pg. �J� 14. Independent Contractor In all activities or Services performed hereunder, the Service Provider is an .independent contractor, and not an agent or employee of the County. The Service Provider, as an Independent contractor, .shall be responsible for all medical services .provided-and medical decisions made pursuant to the.terms of this Agreement. The Service Provider shall supply all materials, equipment and labor required for providing of medical services as required herein. The Service Provider shall have ultimate control over the execution of the work under this Agreement. County shall have no control over any decision, recommendation, or action taken by the Service provider pursuant to this Agreement. 14.1 The County assumes no liability for actions of the Service Provider under this Agreement, including, but not limited 'to, the negligent acts and omissions of Service Provider's agents, employees and subcontractors in.their performance of the Service Provider's duties as described under this Agreement. The Provider agrees to hold harmless Brazos County against .any and all liability, loss, damage, cost or expenses, including attorney's fees, arising from the intentional torts, negligence or breach of Agreement of the Service Provider, with the exception of acts performed in conformance with an .explicit, written directive of the County, through its authorized agents. 14.2 The -Service Provider .may not subcontract any portion iyf this Agreement nor delegate any duties hereunder without prior written approval by Brazos County. In emergencies, the Service Provider will request approval in writing within at least (24) twenty-four hours of the use of a subcontractor to fulfill any obligations of this Agreement. 15. Licensing The Service Provider is required to maintain all applicable licensing permits:to practice medicine. All permits to or certification necessary-to operate the Provider's clinics shall also be maintained. Copies of any applicable licenses are to be filed with Brazos County. 16. Events of Default: The following shall be considered events of default: 16.1 Failure to maintain license to practice medicine or any restrictions being placed upon such license by the Texas Stdte Board of Medicine making the providing of services hereunder impossible or difficult. 16.2 Failure to maintain all permits and licenses necessary to keep Service Provider's clinics in operation. Health For,1111 Agreemerrt Page 5 of 15 16.3 Cancellation of Service Provider's medical malpractice insurance. Upon an event.of default, the County may terminate this Agreement on three (3) days written notice mailed by certified mail ietum receipt requested to,the-address.listed below. 17. Riaht of Audit and.Monitoring Service Provider agrees that County, or its designated representative, shall have the right to review and to-'copy any records and supporting documentation pertaining to the performance of this Agreement. Service Provider agrees to -maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Service Provider agrees to allow the auditor(s)access to such records during normal business hours and to allow interviews of any employees who might reasonably have.information related to such records. Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy- any records. and supporting documentation for prior years in which County.provided funds to the Service Provider .under prior Agreements.. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated- with said audit will be solely paid for by the Service Provider. 18. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas and venue. shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County,Texas,notwith:standing anything to the contrary. 19. Notices All notices required to be given hereunder shall be deemed to.bel duly given by delivedrig-such notice,or by mailing-it, registered mail to the other-party at the following addresses: Health for All, Inc. Brazos County C/O Executive Director C/O Commissioners Court P.O. Box 5913 200 S.Texas Ave., Suite 310 Bryan, Texas.77805 Bryan, Texas 77803 Heald F r ! o gement a$ .I5 V01. ��- pge_ 39 20. Further Assurances Each party hereto agrees to perform any further acts and.to execute and:deliver any further documents which may be necessary to carry out the provisions of this Agreement. 21. Severability In the event that any provisions or portion .of this Agreement is held to be unenforceable ,or invalid, the validity and enforceability of the remaining provisions or, portions shall.not be affected. 22. Amendments This Agreement may be modified or amended at any time during .its term by mutual consent of the parties, expressed in writing, and signed by the parties. 23. Waiver No failure of Brazos County to assert any right or remedy hereunder will act as a waiver of its right to assert such right ar:remedy ata later time nor constitute a"course of business" upon which Service Provider may rely, for the purpose of denial of such a right or remedy to Brazos County. 24. Prior Notification The Service Provider agrees to notify Brazos County prior to issuing public announcements or press releases concerning-work.done pursuant to this Agreement, or funded in whole or in part by this Agreement, and to cooperate with Brazos County in joint or coordinated releases of information: 25. Notice of Change 25.1 The Service Provider-shall give thirty (30) days prior written notice to Brazos County, if there is a change in the Service Provider's legal status, federal employer identification number (FEIN) or address. Brazos County reserves the right to take any and all appropriate action. The Service Provider agrees to hold -harmless Brazos County-for any.acts or omissions by the. County resulting from- the Service Provider's failure to notify of these changes. 25.2 In the event Service Provider becomes a party to any litigation, investigation or transaction that may,reasonably be .considered to have a material'impact on its ability to perform under this Agreement, the Service 'Provider will immediately notify Brazos County in writing: Health Fo)*Allawemeat Paige 7 oj15 ®1. pg.--R-59 26. Tax Exempt Status As a political subdivision of the State of Texas, Brazos County is tax exempt. Tax exemption certification will be fumished upon request. 27. Sovereign i6imunity This Agreement is expressly made subject to Brazos County's 'Sovereign Immunity, Title 5 of the-Texas Civil Practices and Remedies Code, and all ,appiicable Federal and State.law.The parties expressly agree that-no pta\ision of this Agreement is.in any way intended to constitute a waiver'or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third-party beneficiary. 28. Assignability This Agreement is not assignable by the Service Provider without the prior written consent of the County. 29, Fiscal Funding Clause Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of-the Agreement-and any extensions thereto. The Service Provider .or any other person -or entity directly or indirectly employed by the Service Provider or any other person or.entity to whom-the Service Provider may be liable to, shall have no right of action against the County in the-event the County is unable to fulfill ifs obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized :to fund this Agreement or failure to budget or authorize funding for this Agreement during the current of future fiscal years. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source ar may, in its 'sole discretion, terminate this Agreement 'by written notice to the Service Provider at the earliest possible time under the'.circumstances. 30. Goveming Law and Venue This Agreement*shall be governed by the laws of the.State of Texas and-venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are-performable in Brazos County, Texas.andthat this Agreement has been executed in Brazos County,'Texas. Venue shall lie"exclusively.in Brazos County, Texas; notwithstanding anything:to the contrary. HeabliForA!!A iiemext. Page 8'if L3 V®i. J� fig. `-�0 .31. 'Entire Agreement This Agreement contains the entire understanding between the parties hereto concerning the subject matter, contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of 'the Agreements, -which are not fully expressed herein.. In witness whereof,theparties hereto have caused this Agreement to be, executed by their.duly authorized representatives. SERVICE PROVIDER eal.. , I; nc. Date Executive Director BRAZOS COUNTY, TEXAS Duane?eters Date County Judge ATTEST: Kare, McQueen,-Coun ..� lerk� Nealdi ForA!l A n Page 9 ojl3 VOI. P9.- O P9• �. BRAZOS COUNTY BUSINESS ASSOCIATE AGREEMENT A. Acknowledgment of HIPAA Obligations and Other.Regulations Implementing the Health Insurance Portability and Accountability Act of.1996 (42 U.S.C. $1320(4) "HIPAA" . The parties acknowledge that federal regulations relating to the confidentiality of individually identifiable -health information require covered entities to comply with the privacy standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to. time, 45 C.F.R. parts 160 and 164, subparts A and E(lithe Privacy Rule") and the security- standards ecuritystandards adopted by the U.S. Department of Health. and Human. Services as they.may 'be amended from time to time, 45 C.F.R. parts 160, 162 and 164,. subpart C .("the Security Rule"). Collectively, the Privacy Rule and the Security Rule are referred to.herein as "HiPAA Rules" The HIPAA Rules, as well as any applicable state confidentiality laws, require :Covered Entity to ensure that business associates who receive .confidential information in the course of Providing -services on behalf-of Covered Entity comply with certain obiigations regarding the confidentiality of health information. "Cove' Entity' and "Business Associate" are defined in the HIPAA Rules, -and for the purposes of this Agreement, shall refer to Brazos County and Service.Provider, respectively. B. Purposes for which Protected Health Information May'Be Used or Disclosed. In connection with the services provided by Business Associate on behalf of Covered Entity pursuant to this Agreement, Covered Entity may use and disclose. .protected health information ("PHI"), as defined in.the HIPAA Rules. C. Business Associate Obligations. Business Associate agrees to comply with applicable federal and state confidentiality and.security laws, including, but riot limited to the Privacy Rule and Security Rule, including without limitation: 1. Use of Protected Health information ("PHi"). Business,Associate shall not use PHI -except as necessary, to fulfill the purposes of this Agreement. Business Associate is permitted to use and disclose PHI as necessary for the proper management and administration-of Business Associate or to carry out its legal responsibilities and its responsibilities under this Agreement: However, Business Associate*shall in such case: (a) provide training 'to members of its workforce regarding the .confidentiality requirements in the HIPAA Rules and this Agreement;. (b) obtain reasonable assurances from the person to whom the information Is disclosed that it will be held confidential-and further used and disclosed only as-required by law or for the purpose for which it was disclosed to the person or entity; Health Fdr i l Agr melte Page1(0 of 15 � voi. 3 Pg. 1 (c) agree to notify the Covered Entity of any instances of which. it is aware in.which the PHI is used orAisclosed for a purpose-that is not otherwise.provided for in this Agreement or for a. purpose not expressly permitted by the HiPAA Rules,and (d) ensure that all disclosures of PHI are subject to the principle of "minimum necessary use and disclosure," i.e., only PHI that is the minimum necessary to accompiis[i.the intended purpose of the use, 'disclosure,.or request may be disclosed. 2. Disclosure to Third Parties. If Business Associate discloses.PHI received from. Covered -Entity, or created or received by:Business Associate on behalf'of Covered- Entity, to agents, 'including a subcontraetoir, Business. Associate shall require the agent to agree to the same restrictions and conditions that apply to Business Associate under this Agreement; Business Associate shall ensure that any agent 1ricluding a subcontractor, agrees-to impleritent reasonable and appropriate safeguards to protectthe confidentiality, integrity, and availability of the -electronic P141 that it creates, receives, maintains, or transmits on behalf of the Covered Entity. Business Associate shall be fully liable to Covered Entity for any acts, failures or omissions of the Agent in providing the services as if they were Business Associate'$ own acts, failures or omissions, to the extent permitted by law. Business Associate further expressly warrants that its Agents will be specifically advised of, and will comply in all respects with, the terms of this Agreement. 3. Data Aggregation. In the event that Business Associate wanks for more than one Covered Entity, Business Associate is permitted to use and disclose PHI, but only in order to analyze-data. for-permitted health care operations, and only to the extent that such use is permitted under the HIPAA Rules or the issuing court's orders. 4. De-identified Information. Use and disclosure of de4dentified health information is permitted, but only if (() the precise use is disclosed to Covered Entity and permitted by-Covered Entity in its sole discretion and .(ii)the de-identification .is in compliance with. 45 CFR §164.502(d), and any such de-identified health information meets the standard -anal implementation specifications for de=identification under 45 CFR §164.514(a)and(b). 5. Notice of Privacy Practices. Business Associate shall abide by the limitations of any Notice of Privacy Practices ("Notice") published by the Covered Entity of which it has knowledge. Covered Entity shall provide to Business Associate such Notice when it is adopted. Any use or disclosure permitted by this. Agreement•may be amended by such Notice. However, the amended Notice shall not afl`ect permitted uses and disclosures on which Business Associate relied prior to such notice. Healti,For.tll ifgre menet Page 11 of L Vol. pg. gq3 6. Withdrawal of Consent or Authorization. 1n the absence of apiol'icable court orders governing the Business Associate's respdnsibilities,if tfte use or disclosure of PHI. in -this agreement Is .based 6066 an individuaPs specific consent or authorization for-the use of his Ear her PHi, and the individual revokes such consent.or authorization ih.,Writirig,or the effective date of such authorization has expired, or the cohsent or atAhorization is found :to:be defecfive .in any. manner that renders it.ii�yaliid.­86siness Associate shall, if it has rtotide;of such revocatlon, exdiration or invalidity, to cease the use and disclosure of anv such individual's PHI except to the extent it has relied ori such use or disclosure, or where an exception tinder the Pmracy Rule exaressly appi'ies. 7. Use or Disclosure That Would Violate H'IPAA. Business Associate is prohibited from further use or�disclosure of PHI in a manner that would violate the requirements of the HiPAA Rules if the PHI were used or disclosed by the,Covered.Entity. 8. Safeguards. Business Associate shall maintain appropriate safeguards to ensure that PHi is not used or,disclosed other than as provided -by this Agreement or as Required by Law. Business Associate.shall implement adminiWative, physical and technical safeguards that. reasonably and appropriately protect the confidentiality, integrity, and availability of any electronic PHI it creates, receives, maintains, or transmits on behalf of Covered Entity. 9. Records Management. Upon terminationof this Agreement, Business Associate agrees to return or destroy all PHI received from Covered Entity that Business Associate maintains .in any form and shall comply with federal and state laws as they may .be amended from time to -time governing fhe maintenance or retention of PHI. If the retum or destruction of PHI"is not feasible, Business.Associate agrees.to extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction-of the information infeasible. 10. Individual Rights Regarding. Designated....Record .Sets. If Business Associate maintains a designated record set (as defined in the HIPAA Rules)on behalf of Covered Entity, Business Associate agrees as follows: (a) Correction,of PHI. Business Associate agrees that it-will amend PHI maintained by Business Associate as requested by Covered Entity. (b) Individual Right to Copy:or Inspection. Business Associate agrees that, if it maintains-PHFin a designated record'set for the Covered 'Entity, .it will permit-an.individual'to inspect or copy PHI about the .individual in that set under.conditions and limitations required under Healds For All 4gree,1e1N' Page I of Is .Vol. Pg, 45 CFR§164.524. The Covered Entity is required to take action on such requests,as soon as possible but not later than 30 days following receipt of the request. Business Associate agrees to make reasonable efforts to assist Covered Entity in meeting this deadline, to the extent the-requested information is maintained by Business Associate and not the Covered Ent€ty. The information shall be provided.in the form or format requested, if it.is readily producible in such form or format; or in summary, if the individual has agreed in advance to accept the information in summary form. A reasonable, cost-based fee for copying health .information may be charged. (c) individual Right to Amendment. Business .Associate agrees, if it maintainsPHi in a designated record set, to make amendments.to PHI at the request and direction of Covered. Entity pursuant to 45 CFR §164.526. If Business Associate maintains a record in a designated record set that.is not also maintained by Covered Entity, Business Associate agrees that it will:accommodate an individual's right to have access to and amend PHI about the individual in a designated record set in accordance with the Privacy Rule set forth at 45 CFR §164.526, unless the regulation provides for a denial or exception that applies. 11. Accounting of Disclosures. Business.Associate agrees to make available to the individual and/or the Covered Entity from whom the PHI originated, information required for an accounting of disclosures of PHI with respect to the individual, in accordance with 45 CFR §164:528, and incorporating exceptions to such accounting designated under the regulation. Such accounting is limited to disclosures that were made in the six (6) years prior-to the request (not including any disclosures prior to the compliance date of the Pdvacy Rule). (a) Covered Entity is required to take action on such requests as soon as possible but :not later than 60 days following receipt of the request. Business Associate agrees to use its best efforts-to assist Covered:Entity in meeting this deadline. (b) Such accounting must be provided without cost to'the individual or Covered Entity if it is the first accounting requested by an individual within any 12 month period; however, a reasonable, cost-based fee .may be charged for subsequent accountings if Business Associate informs the individual in advance of the-fee and is afforded an opportunity to withdraw or.mod€fy the request. (c) Such accounting shall be provided as long as Business Associate maintains the PHI. Health For All Agreement Page 13 of15 F VOI. -a-- P.-24a_ D. Internal Practices. Books, and Records. Business Associate shall make available its internal -practices, books, and records relating to the use and disclosure of PHI received from, created, or received by Business Associate on behalf of the Covered Entity to the .U.S. Department of Heath and Human Services or its agents for the purpose of determinirig the Covered Entity's compliance with the HIPAA Rules, or any other health oversight agency, or to the 'Covered Entity. E. Indemnification. To the:eXtent permitted by law, Business Associate agrees to indemnify and.. hold harmless Covered Entity from and against all claims, demands, liabilities, judgments or causes of action of any nature for any.relief, elements of recovery or damages recognized by law(including,without limitation, attorney's fees, defense costs, and equitable relief), for any damage or loss incurred by Covered Entity arising out of, resulting from, or attributable to any acts or omissions or other conduct of Business Associate or its agents in connection with the performance of Business Associate's or its agents' duties under this Agreement. This 'indemnity shall apply even. if Covered Entity is alleged to be. solely or jointly negligent or otherwise solely or jointly at fault;. provided, however, that:a trier of last finds Covered Entity not.to be solely or jointly negligent or otherwise solely or.jointly at fault. This indemnity shall riot be construed to limit Covered Entity's rights, if any, to common law Indemnity, Covered Entity shall have the option, at its sole discretion, to employ attorneys selected by it to defend any such action, the costs and expenses of which shall be the responsibility of Business Associate. Covered Entity shall provide Business Associate with timely notice of the existence of such-proceedings and such information, documents and other cooperation as reasonably necessary to .assist Business Associate.in establishing a defense to such action. These indemnities shall survive termination of this.agreement and Covered Entity reserves the right, at its option and expense, to participate in the defense of any suit or proceeding.through counsel of its own choosing. F. Mitigation. if Business Associate violates this Agreement or the HIPAA Rules Business Associate agrees to mitigate anv damage caused tiv such breach G. Rights of Proprietary Infonnation. The Covered Entity retains.any and all,rights to the proprietary information, cbnfidentiai 'information; and PHI it releases to Business Associate. H. Termination for Breach. Without limiting the termination provisions herein, if' Business Associate breaches any provision In this Section. entitled "Use and. Disclosure of PHP', Covered Entity may, at its option, access and audit the records of Business Associate related to its use and disclosure of PHI, require Business Associate to submit to monitoring and reporting, and such other conditions as Covered Entity may determine is necessary"to ensure compliance Health For RII Agreement Page 14 of 115 Vr)I D,, (.0 i with this Article;. or Covered Entity may terminate this Agreement on a date specified by Covered Entity. I. Reference. Any reference in this. Section entitled "Use and Disclosure of PHI" means the section of.the Privacy Rule or the Security_ .Rule; as applicable, as in effector as amended. J. Amendment. Business.Associate and Covered Entity aaree'to take such action as is necessary to amend'this.Section entitled"Use.and..Disclosure of PHI" from time to time in order'to allow Covered.Entity to comply with the HIPAA Rules and any applicable state confidentiality laws. K. Precedent and. Ambiguity. If any term of this Section entitled "Use -and Disclosure of PHI" conflicts with another term of this Agreement, the term contained in this Section shall ;be controlling; 'Any ambiguity in this Section. entitled "Use and Disclosure ofPHl"shall be resolved to.-permit Covered Entity to comply With the HIPAA Rules. L. Survival of`Key Provisions. The provisions of this Section entitled "Use and Disclosure of PHI"shall survive the'terminatio`n.of this Agreement Accepted: M. usin. sociate Health for All, Inc., Executiv . ire for Health ForNl Agreement Page is 005 Fvol. Pa. aw-i CERTIFICATE OF INTERESTED PARTIES FORM 1295 .1 Of 1 Complete Nos.i-4 and 6 if there are interested.parUm OFFICE USE ONLY Complete Nos.1,2.3,a,arid.f it there are no interested parties. CERTIFICAtION OF E7LINGG 1 Name of business enfity fling form,and the city,state and country of the business entity's place Certificate Number. 6f business. 2021-801783 Health Fdr All,Inc Bryan,TN.United States Date Filed: 2 Name OF gavemmentat entity-or state agency that is a party to the contract for whictt the form is 0911412021 being filed: Healiit'For All Date Acknowledged: g Provide the Identification number used by the governmental entity or state agency to track or identify the cantract,and provide a desciiption of the services,goods,or other property to tie provided under the contracL 22-W Primary and preveri(ative healthcare to law-income uninsured residents 4 Nature of interest Name of rnterested Party City,State,Country(place of business) (checkapplicable) Controlling, .Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORtU,DECLARATION My name Is. Elizabeth N..Dickey U3127l19$1 and my date of birth Is My address Is. 4282 Roc1r Bend Drive Collego.Station TX 77845 USA (sheet) (CRY); (stare)` {ilp'codel (eau*). 1 declare under penalty of perjiuy that the foregoing is true and correct. Executed In. l3raz0 County,State of Texas on the 10 d ember .2,L2—!--. i6 h) (year) gn re' rued agentof gontrac usiriess entity (Declarant) Forms provided by Texas Ethics Commission wrww,ethicsstate.tx.us ' Version V1.1.191b56dc Fol . �J pg.-2qd House Bill 89 & Debarment Verification Brazos Gougty is federally mandated W, adhereto the directions provided in the'Presidenrs- Executive.Order(EO) 13224,.Executive Order on Terrorist Financing —Blocking Property and Prohibiting Transactions With Persons Who Commit,Threaten to Commit,or Support Terrorism, effective '9124/2001 and 'any subsequent changes .made to It via cross-referencing respondentslvendors with the Federal General Services:administration's Excluded Parties List System (EPLS,haps://www.sam.gov),which is inclusW6—of the Wited States Treasur/s Office of Foreign Assets Control (©FAC)Specially Designated National (SON) list: Respondent certifies that the resporiding entity'and its principals are eligible to pardeipate in this transaction and have not been sAected to suspension, debarment, or similar-ineligibifty'determined by any federal, state or local governmental entity and that Respondent is.in compliance with the State of Texas statutes and'.rules relating to procurement and that Respondent is'not listed :on -the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for .federal procurement are listed at httpsJIwww.sam.gov, The undersigned affirms the non-debarment statement above, that they are duly authorized execute this contract. the company representative below further affirms, that the company submitting tills.proposal, under the provisions of Subtitle F,Title 10,.Govemment Code Chapter 2270: t. Ooes not boycott Israe[currently,and 2. Will not boycott Israel during'the term of tate contract. Pursuant to:Section 2270.001,Texas'Govemment Code: 1. *Boycott Israel' means refusing to deal with,terminating.business activities with, or otherwise taking any action that is intended to penalize, Inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled terntory, but-does not inciUde an action made oc ordinary business.0urposes;and 2: "Company" means a for-profit We proprietorship, organization, association, corporation, partriership,joint venture,limited partnership,limited liability partnership, or any limited.liability company, including a wholly owned subsidiary, majority-owned subsidiary,.parent company or affiliate of those entities or.bAi.hess associations that exist to make'a'proflt. Company Name: . TOY 4A , �lnt• Authorizeid Comp anyRepresentative: Address. M- .' i . t Signator Date: Contract#:_ C;10" .'. O'"1 0 E 3�-�- Pg a '�� JUNCTION 505 BRAZOSCOUNTY BRYAN,TEXAS SUPPLEMENT TO INDEPENDENT CONTRACTOR AGREEMENT WHEREAS, Brazos County, Texas, acting by and through its duly elected Commissioners Court.(hereinafter "COUNTY") and Junction Five-O-Five, a Texas non- profitcorporation (hereinafter "JUNCTION"), EXECUTED as Independent Contract Agreement dated the 17th day of November 1992 for the establishment and management of recycling centers in Brazos County, Texas (hereinafter the "Agreement"); and WHEREAS,the COUNTY agrees to maintain the pay to JUNCTION in the sum of three- thousand eighty .three dollars and forty eight cents ($3083.48) per month, per site for a total monthly sum of eighteen thousand Eve hundred dollars and eighty eight cents .($.18,500.88) for services to be rendered by JUNCTION for each of the following sites described below and in the.Agreement: Site 1 located on Kathy Fleming Road Site 2 located on FM 2038 S.(Copperhead.Road) Site 3 located on State Highway 30 Site 4 located on Raymond Stotzer Pkwy(FM 60) Site 5 located on Mumford Road Site 6 located on Silver Hi11.Road In as other respects the terms and conditions of the Agreement remain unaltered and the parties hereto confirm,ratify and reaffirm the terms and conditions of said Agreement. NOW THEREFORE,Approved this day of d C � 2021. BRAZOS UN. TE .S JUNCTION FIVE-0-FIVE lri.�1N'au�,e� Duane Peters,County Judge Iris Woolley,Executive Director House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's 'Executive Order (EO) 13224, Executive Order on Terrorist Financing Blocking Property and Prohibiting Transactions With Persons Who Commit,Threaten to Commit, or Support Terrorism, effective 9/24/2001' and any subsequent changes made to it via cross-referencing .respondents/vendors with the Federal General Services Administration's Excluded Parties List System(EPLS,­https.1/www.'am.gov),which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent-certifies that-the responding entity and its principals are eligible to.participate.In this transaction and have not been subjected to suspension, debarment, or similar:ineligibility determined by any federal, state.or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating .to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for -federal procurement are listed at https,//Www.sam.gov. The undersigned affirms the non-debarment statement above, that they are duty authorized execute this.contract. The company representative below further affirms, that-the company submitting this proposal, under the provisions of Subtitle F,Title 10,Government.Code Chapter 2270: 1. Does not.boycott Israel currently;and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001.,;Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations'specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled teFritory, but does not include an action made or ordinary business purposes;and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation,partnership,joint-venture,limited'partnership,limited liability partnership, or any limited liability company, including a wholly owned subsidiary; majority-owned subsidiary, parent company or affiliate of those entities or business.associations that exist to make a profit. Company Name:Junctionfive-0-Five Authorized Company RepresentativejHS_WoolleY Address:4410 College Main Bryan,TX 77801 Signature:lNlrr 1NU,d,�eu. Date:09/10/2021 Contract M-22=055. Voi. FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND NATIONAL ALLIANCE ON MENTAL.ILLNESS-BRAZOS VALLEY, INC. This Funding Agreement ("Agreement") is by and between Brazos County, Texas (hereinafter "County") and the National Alliance on Mental Illness - Brazos Valley, Inc. (hereinafter"NAMI"), a Texas non-profit 501(c)(3)corporation for a period of 12 months beginning October 1, 2021 and ending.September 30, 2022. RECITALS WHEREAS, NAMI serves all seven (7)counties of the Brazos Valley region; WHEREAS, it is the mission of NAMI to promote mental health and wellness for families and those individuals affected by mental health.disorders, combat the stigma of mental. illness and advocate .for improved social, vocational and treatment alternatives to support individual resilience, independence and well-being of those living in Brazos County;and WHEREAS, NAMI provides peer lead educational programs, classes and support_ services, public policy advocacy and educational classes, and .support services for families, friends and caregivers of persons living_ with mental health disorders ("Services'); and WHEREAS, the County desires to assist NAMI in their efforts to promote the public-purpose of providing a comprehensive range of services in the local community for persons with mental health disorders residing in Brazos County by contracting with NAMI for the period beginning October 1, 2021 and ending September 30., 2022, for the specific services listed below;. NOW, THEREFORE, for and in consideration of the mental health, mental retardation to be provided to the County by NAMI, and in compliance with the terms of this Agreement and subject to other provisions of this Agreement, and all applicable laws, the parties agree as follows: AGREEMENT ELIGIBILITY CRITERIA This Agreement°contemplates'Services provided to: 1) :Individuals who permanentlyreside within Brazos County;and 2) Who have'been determined through the NAMI screening process to be in need of mental health services. NAMI Agreement �, I_ Page I of 6 Vol. J� Pg. RESPONSIBILITIES OF BRAZOS COUNTY 1) P.ay to. NAMI an. (not to exceed) annual total reimbursement of $30,000 ( Funds").. 2) It is understood andagreed that the County Funds represented by the Agreement are for the period of October 1, 2018 through September 30, 2019 only, and will be paid wholly from funds available in that budget year arid that no County funding for subsequent budget years is authorized or implied by this Agreement. 3) Conduct a review of the NAMI's performance in providing the Services to be .provided hereunder in order to assess County's continued :participation in the .funding of the NAMI. USE OF COUNTY FUNDS Funds to be furnished to NAMI as stated herein be used to offset operational expenses of NAMI, including rent, telephone expenses, and office supplies, as described in Exhibit"A" attached hereto and made a part hereof for all purposes. RESPONSIBILITIES OF NAMI- NAMI AMINAMI will be responsible for providing the following services pursuant to this Agreement: 1. Maintaining this Agreement; .2. Providing..of Services; *3. Maintaining data Meson clients and the Services provided thereto; 4. Respond to all and any inquiries by the County. 5. NAMI agrees that the-County, or its designated representative, shall have the right to review and to copy any records- and supporting documentation pertaining to the performance. of-this Agreement. NAMI -a9 to maintain such records for possible audit for a minimum. of three (3) years after the termination date of this Agreement, unless a longer period .of records retention is stipulated. NAMI agrees to allow the auditor(s) access to such records .during normal business hours and to allow .interviews: of any employees who might reasonably have information related to such records. NAMI agrees that the County, or its designated representative, shall further have the. right to review and to copy any records and supporting documentation for prior years in which the County provided funds to the NAMI NAMI Agt eeme it. Page 2 of 6 under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, .all costs and expenses associated with said audit will be solely paid for by the NAMI. 6. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the NAMI. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the NAMI's annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the NAMI. 7. NAMI will provide the County with any and all certified audits conducted by NAMI and the management letter prepared in connection therewith; 8. NAMI will provide the 'Commissioners Court with statistics evidencing the number of Brazos County residents using the NAMI's Services. RECORD RETENTION The NAMI shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The NAMI agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy .and subject to the limitation of state law, any and all records the County determines, in its sole.discretion, to be necessary for the County to justify its continued participation in supporting the NAMI with Funds. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. DISCRIMINATION The NAMI shall not discriminate against any employee or applicant for employment because of race, color, sex, or national origin. The .NAMI shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national.origin. Such action shall include, but not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; 'and selection for training, including apprenticeship. The NAMI Agreement Page 3 of 6 NAMI agrees to post.in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance-of the services stated herein and for any damage to any person resulting from any action or omission. or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the NAMI shall be an independent contractor and not any employee or agent of the County and that .each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise-due to.the duties and obligations contracted for herein. COUNTY INVOLVEMENT The County and NAMI.state that to the best of their knowledge,, no officer, agent or employee of-the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the Services to which it relates has personal interest, direct or indirect, in this Agreement. GOVERNING LAW AND VENUE This Agreement shall be governed by the.laws.of the State.of Texas and venue shall lie exclusively in Brazos County, Texas. The of agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, 'Texas. Venue-shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. NOTICES All notices required to be given hereunder-shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other :party at the .following addresses: NAMI Agreement Page 4 of 6 VOL pg. ��J✓ National Alliance on Mental Illness—Brazos Valley, Inc. 1713 E. Broadmoor, Suite 101 Bryan, Texas 77802 Brazos County Commissioners Court County Administration Building •200 So.Texas Ave. No.'310 Bryan,Texas 77803 FURTHER ASSURANCES .Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any provisions or portion of this Agreement is held -to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or'written, between or among the parties hereto, relating to the subject matter 'of the Agreement, which are not fully expressed herein. ASSIGNABILITY This Agreement is not assignable by the NAMI without the prior written consent of the County. NAM[Agreement Page S of 6 Vol. DATED this J\ day of dC.p 2021. Brazos County National Alliance on Mental Illness Brazos Valley, Inc. DUA PETERS, Judge Daniel Owens, Executive Director ATTEST: KAREN McQUEEN, County Clerk NAMI Agreement Page 6 of 6 VOI. �a �ga�5 - House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing Blocking Property and Prohibiting Transactions With Persons Who Commit,Threaten to Commit, or Supportlerrodsm, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administratlon's Excluded Parties List System.(EPLS,https://www.sam.gov),which is inclusive of the United States Treasury's Office of Foreign Assets Control *AC) Specially Designated National (SDN)Jist. Respondent.certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by'any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent Is not listed on the federal govemment's terrorism watch list as described in Executive Order'13224. Entities ineligible for federal procurement are listed at https:/twww.sam.gov. The undersigned affirms the non-debarment statement above, that they are duly authorized °execute this contract. The company representative below further affirms, that'the company submitting this proposal, under the provisions of Subtitle F,Title 10,Government Code Chapter 2270: 1. Does hot boycott Israel currently;and 2. 'Will not boycott Israel during the term of.the contract. Pursuant to Section 2270.001,Texas Government Code: 1. "Boycott Isr-ael" means refusing to deal with, terminating business activities with, or otherwise taking ahy action that is intended to penalize,inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but.does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation,partnership,joint venture,limitedpartnership,limited liability partnership, or any limited liability company, including a.wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a.profit. Company Name:NAM Brazos Valley Authorized Company Representative:Daniel Owens, Executive Director Address:PO.Box 10895 CoftggeStation,TX 77842 Signature:_ oIta�//�� Date:_ 'SeptemW 13,2021 . Contract M 22-043 V0 I. P a 258 CERTIFICATE 4F INTERESTED PARTIES FORM 1295 loft Complete Nos.i-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 3, Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2021-801499 NAM!Brazos Valley Bryan,TX United states Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which_the form is 09/1312021 being filed. Brazos County Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 22-043 Funding for operational expenses Nature of interest 4 Name of Interested Party City,State,Count lace of business Country(p ) '(check applicable) Controlling I Intermediary - 6 .Check only,.If.there is NO Interested Party. X 6 UNSWORN DECLARATION Ow.Da . my'name niel J..O ame is and my date of.birth is 06/23/1986 my address is PO Box 10895 College Station TX 77845 USA (§treet) -(city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Brazos . County,State of Texas on the 13 day of Sept 20 21 (month) (year] Signature of allthogzed agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.Ur:us Version V1.1.191b5cdc Vol. 5q -- Pqo �� FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND SCOTTY'S HOUSE CHILD ADVOCACY CENTER THIS FUNDING AGREEMENT ("Agreement") )S ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County"), and SCOTTY'S HOUSE CHILD ADVOCACY CENTER (hereinafter "Provider), located in Bryan, Texas, and is effective .October 1, 2021. RECITALS WHEREAS, the County has the objective of providing support services to children who are the victims of physical abuse, sexual abuse, neglect, and exposure to violence; and WHEREAS,the Provider shares this.common goal with the County; and WHEREAS, the County .desires to assist the Provider in providing support services to children who are the victims of physical abuse, sexual' abuse, neglect, and violence. through funds provided by the County. NOW THEREFORE, the parties agree to the following terms and conditions to provide such support services. AGREEMENT TERM This Agreement shall be for a term of twelve-(12) months commencing on the 15' day of October 2021, and terminating 30th day of September 2022. CANCELLATION This Agreement may be canceled by any parties hereto upon sixty (60) days written notice as provided herein. :SERVICES TO BE PERFORMED BY PROVIDER The Provider will provide the fallowing services: 1. Forensic Services - forensic interviews and on-site medical examinations that minimize additional trauma to the child. A forensic interview is a structured conversation with a child intended to.elicit detailed information about a possible event(s)that the child may have experienced or witnessed. Each child's interview Scotty's(louse Agreement Page].Of 6 Vol. 2 Pg. 2C.o0 is conducted by a trained Forensic-Interviewer in a child friendly environment. A recording of the interview with the child is made available'to agencies involved, thus reducing the number of times the child must retell the story.. The recording may then be used in court proceedings. 2. Advocacy Services?-a Family Services Coordinator will work with each family to provide information and referral to community resources, follow-up medical testing and treatment, assistance with crime victims' compensation and any other need identified by the family. 3. Counseling Services -'counseling is provided to children and their non-offending family members. Counseling can take shape in many forms: play therapy for younger children, art therapy, equine assisted psychotherapy, or support groups for children and their caregivers. Without counseling, children who are abused often experience severe social and psychological trauma that may including nightmares, hyper-vigilance, sleep difficulties, poor self-esteem, social isolation, increased use of drugs and alcohol, school failure, depression, and suicidal ideation. 4. Education & Outreach. Services.- provide educational programs to the Brazos Valley on a variety of topics pertaining to child .abuse, services to victims of sexual assault and their families(collectively"Services"',. USE OF COUNTY FUNDS Funds to be furnished to Provider as stated herein be used to offset operational expenses of the Provider, including rent, telephone expenses, and office supplies. COUNTY'S LIABILITY FOR PAYMENT The County agrees to fund the Provider a maximum amount of money totaling $10,000.00 for the term of this Agreement("Funds"). RESPONSIBILITIES OF PROVIDER Provider will be resporisible for providing the following services pursuant to this. Agreement: 1. Maintaining this Agreement; Z. Providing of Services; 3. Maintaining data files on clients and the Services provided thereto; 4. Respond to.all and any inquiries by the County. Scott)s Hause Agreement Page Z of 6 VOL 5. Provider agrees that the County, or its designated representative, shall have the right to review-and to copy any records and supporting documentation pertaining to the performance of this Agreement. Provider agrees to maintain such records for possible audit for a. minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Provider agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which the County provided funds to the Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses. associated with said audit will be solely paid for by the Provider. 6. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the Provider. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in. the Provider's annual financial report, but which are of concern to or under the suggestion of the. auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Provider. 7. Provider will provide the County with any and all certified audits conducted by Provider and the management letter prepared in connection therewith; 8. Provider will provide the Commissioners Court with statistics evidencing the number of Brazos County residents using the Provider's Services. RESPONSIBILITY OF COUNTY The County shall be responsible for the following duties and requirements: I. Provide County Funds. 2. Conduct a review of the Provider's performance in providing the-Services to be provided hereunder in order to assess County's continued participation in the funding of the Provider. Scotty's House Agreement Page.3 of 6 voi. _ qA pg. X02, RECORD RETENTION The Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all-financial .records. The Provider agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the .Provider with Funds. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit'by the County, if'it so desires. DISCRIMINATION The Provider shall not discriminate against any employee or applicant for employment because of race, color, sex, or national origin. The Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;.rate of pay or other forms of compensation; and selection for training, including apprenticeship. The Provider-agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. INDEMNITY The parties hereto agree. to indemnify one another for and hold one another harmless from and. against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from-any action or omission or negligence on.th.e part of each party hereto,. INSURANCE The parties hereto agree that the Provider shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which MAY arise due to,the duties.and obligations contracted for herein. COUNTY INVOLVEMENT The County. and Provider state that to the best of their knowledge, no .officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the Services to which it relates has personal interest, direct or indirect, in this Agreement. Scotty's House Agreement 4of6 Vol. 3�{'' Pg. 2� GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos :County, Texas. The Parties agree 'that all :obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. NOTICES All notices required to be given hereunder shall-be deemed to be duly given by delivering such notice or by 'mailing it, certified mail RRR to the other party at the following addresses: Scotty's House Child Advocacy Center 2424 Kent Street Bryan, Texas 77802 Brazos County Commissioners.Court County Administration Building 200 So. Texas Ave. No. 310 Bryan,Texas 77.803 FURTHER ASSURANCES Each party:hereto agrees to perform:any further acts and to execute and deliver any further documents which may be necessary 'to carry out the provisions of this Agreement. SEVERABILITY In the event that.any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions shall not be affected thereby. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties concerning the subject matter contained herein. There are ,no representations,. agreements, arrangements., or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are. not fully expressed herein. Scotty's House Agreement Page S of.6 Vol. ASSIGNABILITY This Agreement is not assignable by the Provider without the prior written consent of the County. DATED this 14 day of September , 2021. Brazos County Scotty's House Child Advocacy Center LWA Duane eters, Judge Cary Bae Executive Director ATTEST: Karen McQueen, County erk Scotty s House Agreement Page 6 0 Vol. 3�� pg.-��J CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos.'1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business.entity's place Certificate Number. of business. 2021-801756 Scotty's House'Brazos Valley Child Advocacy Center,Inc. Bryan,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is' 09114/2021 being filed. Brazos County Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 22-046 Scotty's House will provide child advocacyservices to all eligible children in Brazos County, Nature of Interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling. intermediary Brieden,Sarah Bryan,TX United States X McCollum,Byron Bryan,TX United States X Motley.,Melanie Bryan,TX United States X Hamilton,Melissa Bryan,TX United States X 5 Check only if there is NO Interested Party. a 6 UNSWORN DECLARATION My name is Baker Baker , and my date of birth Is 107-16-1982 My address is 3233 Rose Nill Lane , Bryan ,'TX 77802 , USA (street) (city). (state) (Ap node) (country) I declare under penalty of perjury that the foregoing is true and•correct. Executed in Brazos County,State of Texas on the.14 day of September _,2021 (month) (year) Signature of arued agent of contracting.business entity th (Declarant) Forms provided by Texas Ethics Commissi to thimstateAKIu Version V1.1.191b5cdc House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With-Persons Who Commit,Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System(EPLS,https://www:sam.gov),which is inclusive of the United States Treasury's Office of Foreign Assets Controi (OFAC) Specially Designated National (SDN) list. Respondent certifies .that the responding entity and Its principals are eligible to participate in this transaction..and have not been subjected to suspension, debarment, or.similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to, procurement and that .Respondent is not listed on the federal government's terrorism watch list as described in Ekecutive Order 13224. Entities ineligible for federal procurement are listed at https:/wm.sam.gov. The undersigned affirms the non-debarment statement above, that they are duly authorized execute this contract. The company representative below.further affirms, that the company submitting this proposal, under the provisions of Subtitle F,Title 10,Government Code Chapter 22.70: 1. Does not boycott Israel currently;and 2. Will not boycott.Israel during the term of.the contract. Pursuant to Section 2270.001,Texas Government Coder 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial. relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled.territory, but does not include an action made.or ordinarybusiness purposes;and 2. "Company" means a for-profit sole proprietorship, organization, 'association, corporation,partnership,joint venture,limited partnership,limited liability partnership, or.any limited liability company,including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name:Scotty's House Brazos Valley Child Acvocacy'Center, Inc. Authorized Company Representative;CaryBaker Address.?424.Kent Street, Bryan,TX 77802 Signature: .Date:9/13/21 Contract.#:22-046 e FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND SOUTH BRAZOS COUNTY FIRE DEPARTMENT,INC. r ; t . THIS AGREEMENT for the Funding of Fire Protection Service of South Brazos County ("Agreement") is,hereby effective October 1, 2021:, by.and between the SOUTH BRAZOS - COUNTY FIRE DEPARTMENT, INC. ("Department") and BRAZOS j COUNTY,TEXAS, ("County"), each acting'by and through its dulyauthorized agents; RECITALS WHEREAS, the County is.authorized to contract.with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code§352.001; and j WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the I County;and WHEREAS, the Department has.the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: AGREEMENT SCOPE 1. Department shall provide fire protection services to any person who requests it within the confines of South Brazos County, Precinct 1, as described on Exhibit"A" attached hereto-and made a part hereof for all purposes; provided however,.if assistance is requested by other fire departments for Precinct 2, 3 and 4 it shall provide services in Ahese areas, if possible...A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101:, Bryan, Texas 77802, and the t parties agree.to use the records maintained by-that.office-if a question about the boundaries of the Precincts should arise. South Brazos.Coimv e ement Page 1 of 4 i Vol. i l i l t 2. All requests for services under this Agreement shall be made through the 9A- l 1 Emergency Communications District, which dispatches fire protection units for the County. 3, Department will maintain fire fighting equipment and certifiedTexas. Government Code personnel in . ' compliance with Subchapter D of Chapter-419, � The County is not responsible for damage to equipment or injury to any i person, or for the actions of the Department or their volunteers except ! I as expressly provided by this Agreement. I PAYMENTS 4. County shall pay Department the sum of 29 OQ0.00 upon execution of this Agreement("Funds"). ! 5. The County shall make all payments to Department for these services from current revenues. c , TERM AND TERMINATION 6. This Agreement termshall be from October 1, 2021,and terminate at 12:00 a.m. (C.S.T.) on September 30, 2022. Either party shall have the right to terminate this Agreement, without.cause, upon thirty (30).days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination.shall survive,.In the event of a termination, the fee payable ;; pursuant hereto shall be adjusted on a pro-rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties-to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the-following parties: Department:South Brazos County Fire Department, Inc: P.O. Box 501 Millican,TX 77866 Attn: Chet Barker, Fire Chief County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan,TX .77803 South Bra os County Fire Dc /.A reenreal Poge 2 of 9 ou Vol. �� Pg. _ I 5 S F DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a.person who, in carrying put the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives out Id the municipalities in the CountYe ,including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an } agent:of the County. 9. The County does not waive or relinquish any immunities or defense it has under law,.on behalf of itself, its officers, employees, or agents as a result of , its execution of this Agreement and the-performance of the covenants herein. MISCELLANEOUS PROVISIONS f 10. If any provision of the Agreement shall be held to be invalid, illegal, or f ; unenforceable by a court or other tribunal of competent jurisdiction, the 3 validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of.the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 12.. This Agreement is;for'the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No amendment to this Agreement shall be effective and binding unless and until it is reduced to'writing and signed by the authorized representatives of all parties. i 14. This Agreement has been made under and shall be governed by the laws of the State-of Texas. This Agreement and all-matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right :of any .party thereafter to enforce each and l everyprovision hereof. No term of this.Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a' breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. .South Bra:os County Fire Dept.Agreement Page-3 of 4 P Vol v`� ��� i 16. it is understood and agreed that this Agreement may be executed in -a j number of.identical counterparts, each of which shall be deemed an original for all purposes. - i INFORMATION FURNISHED BY RECIPIENT 1 17. Department agrees that County, .or its designated representative, shall have p. 9 the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to ! maintain such records for possible audit for a minimum of three (3)years after j the termination date of this Agreement.'unless .a longp et edod :of records retention is stipulated. Department agrees to allow the-auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably-have information related to such records. Department agrees that the County, or its designated representative, shall further have the right °to review and to copy any records and supporting •' documentation for.prior years in which 'Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as.determined.by the Brazos County Commissioners Court. if the Brazos County Commissioners Court ! s determines that the audit will-be conducted by an independent third party., all costs and expenses associated with said audit will be solely paid for by the Department. If an independent financial audit is performed, a management letter will be prepared by the auditor as part.of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners i Court. The management letter shall identify issues that might not otherwise require disclosure in the Department annual financial report, but which are of concern to or under the suggestion of the auditor. Annual financial statements (audited -if ayailable) are due to County within six (6) months of completion. South Brazos County Department, I.ne. Brazos Coen Texas By: Dua a Peters, County Judge .Chet Barker, Fire Chief Date: X0 Z_0-Z-\ Date: ATTES : 4KancQueen, County Clerk South Brazos Cowliy Fie Dept Agreement, Page.4 of 4 i. . Vola �g- House Bill 89 & Debarment Verification i i Brazos County is federally mandated to. adhere to the directions provided in the Presidents Executive. Order.(EO) 13224, Executive.Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit,Threaten to Commit, or Support Terrorism, .i effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vehdors with the Federal General Services Administration's Excluded Parties List System(EPLS, https://www.sam.gov),which is inclusive of the United States Treasury's.Office of Foreign Assets Control.(OFAC).Specially Designated National (SDN) list. Respondent certifies that the responding'entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar.ineligibility determined by any federal, j state or local.governmental entity and that Respondent is in compliance with thIe State of Texas i statutes -and rules relating to procurement and that Respondent is not listed on the federal government's 4errorism watch list as described in Executive Order 13224. Entities.ineligible for federal procurement are listed at https://vMW.Sam.90v. The undersigned affirms the non-debarment statement above, that they -are duly authorized t execute this contract. The company representative below further-affirms, that the company submitting this proposal, under the provisions of Subtitle F,Title 10,Government Code Chapter 2270: 1. Does not boycott Israel currently;and 2. Will not boycott Israel dudng.the term of the contract. Pursuant to Section 2270.001,Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with,-or otherwise taking any action that is intended to penalize, inflict economic harm on,or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory., but does not include an action } made of ordinary business purposes;and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation,partnership,joint-venture, limited partnership,limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned { subsidiary,.parent,company or.affiliate of those entities or business associations that exist to make a profit. Company Name: 7 r` �oS Authorized`Company.Representative: VY1 �'- Address: i • �� �'� '` V .. Signature: Date: _'Se lo `ZEA z 1 Contract t , AMENDMENT#1 TO 21-141R—MEDICAL AND HEALTH SERVICES FOR BRAZOS COUNTY THIS AMENDMENT TO 21-141R Medical and Health Services for Brazos County("Amendment") is entered into and effective this 1st day of October 2021 ("Effective Date") by and between Brazos County ("Customer"), and Dr.Joel Richards,D.O. "AKA"Richards Emergency Services,PA. ("Provider") each of which may alternatively be referred to herein as a"Party"and collectively as the"Parties". All capitalized terms in this Amendment shall have the same meaning as in the Agreement(as defined below)unless otherwise stated herein. RECITALS WHEREAS, the Parties entered into that certain original contract# 19-060 ("Agreement") for purposes of Dr.Joel Richards to provide of the service for medical and health for Brazos County; and WHEREAS,the Parties desire to amend the pricing as set forth in original contract# 19-060. WHEREAS,the Parties desire to set forth a new contract date. WHEREAS,the Parties desire to agree on insurance requirements. AGREEMENT NOW THEREFORE, in consideration of the above premises,and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Parties hereto agree to amend the Agreement as follows: 1. The fee and services for the Renewal Term shall be asset forth in amended tabulation for 21-141R to $215,000.00 per year. 2. The new contracted date starts October 1,2021 and ends September 30, 2023,with the options to do one year renewals thereafter,per the original contract. 3. Starting October 1,2021,Dr.Joel Richards,D.O."AKA"Richards Emergency Services,PA has three months to obtain all insurance requirements on the contract. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be signed by their authorized representatives as of the Effective Date. This Amendment may be executed in counterparts, all of which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of execution of this Amendment and shall be binding on all Parties hereto. S CO TY DR JOEL RICHARDS St ture ��K Signature ,UUCA�Te'fi l J Joel Richards, D.O. Nate Name m t1j, Medical Director Tit Title `4'a►/ ;�( 9„412024 Date Date FVOI o —� Pg. ��3 Brazos County ,..,: Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN,T\77803 PHONE(979)3614290 FAX(979)3614293 July 21,2021 Dr.Joel Richards 18395 Anasazi Bluff Dr. College.Station,T\77845 Re. Renewal of Contract#20-134 for Medical&Health Services for file Brazos County. Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Medical R Health Services for the Brazos Conitty 21-141R,previonsly known as 20- 134. All terns,conditions,and pricing shall remain the same. This renewal term will be for one year from September 1,2021 to August 31,2022. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to kbattles@brazoscountytx.gov or fax to (979) 361-4293. Please then submit an updated Certificate of Insurance by email or mail to the address listed above. Please return acceptance as soon as possible. If you have any questions,l may be reached at(979)361-4285. Contact Name: �oe'l f;CA'%'tZ1)S Title: U t.-1-xe/ E-Mail: ) Telephone: U6' '�3 D JOEL RICHARD$ , Ant u o ed Signature D e RAZ COUN Y !� Duane Peters,County Judge Date F. 3 - P9. 914 AGREEMENT FOR MEDICAL AND HEALTH SERVICES FOR THE BRAZOS COUNTY JAIL,BRAZOS COUNTY JUVENILE DETENTION CENTER AND THE BRAZOS COUNTY EMPLOYEE HEALTH AND WELLNESS CLINIC This Agreement for M e d i c a 1 and Health Services is entered into by and between Brazos County, Texas ("County") and Dr. Joel Richards, D.O. "AKA" Richards Emergency Services,PA("Provider"). 1. Provision of Services - The Provider agrees to provide medical and health services, and medical director services, at the Brazos County Jail, Brazos County Juvenile Detention Center and the Brazos County Employee Health and Wellness Clinic in accordance with Exhibit "A" and this Agreement. This includes all necessary physician and medical director services as set forth in the Exhibit "A" and this Agreement. 2. Terms and Conditions- The terms and conditions of this Agreement are as set forth below and in Exhibit "A". Except as otherwise stated, modified or supplemented in this Agreement. Provider must implement procedures and oversight to maintain compliance with applicable laws,'and the regulations of the Texas Commission on Jail Standards,with regard to delivery of the services. 3. Term of Agreement - Unless terminated earlier as provided herein, the term of this Agreement is One (1) year beginning on the date that the medical malpractice insurance has been obtained and/or confirmed, but no later than September 1, 2020 and ending no later than August 31,2021. Additionally, this Agreement is renewable, in its entirety, for additional one (1) year terms as agreed to by the parties. 4. Fee - Provider's annual fee for services under this Agreement is Two Hundred Thousand Dollars and No Cents ($200,000). This fee is inclusive of all professional services to be provided by the Provider. The fee does not include costs retained by the County, such as malpractice insurance, supplies, medications, County employee salaries,or outside care. 5. Payment of Fee - County shall pay the fee in monthly payments of Sixteen Thousand Six Hundred and Sixty-Six Dollars and No Cents ($16,666.00) for the first eleven (I1) months and a final payment of Sixteen Thousand Six Hundred and Seventy-Four Dollars and No Cents ($16,674.00). The payment for a month is due and payable within 30 days of the Provider submitting an invoice for services. Note *(In most cases,If an invoice is received by Monday in any particular month, payment will normally be made by the following Tuesday.) If this Agreement is terminated for any reason set forth in this Agreement except Section 8, Provider's entitlement to any unearned portion of the fee is lost; and Provider's sole remedy shall be recovery of fees actually earned but unpaid at the date of termination. 1 VOL pg. 2��j 6. Termination - This Agreement may be terminated by the County after thirty (30) days written notice and opportunity to cure (if cure is possible)for any of the following reasons: a) failure of Provider to provide the services as promised; b) irreconcilable conflict between Provider and County Staff (employees and/or patients); c) repeated violations of Jail security rules; d) negligence in rendering care to patients; e) sexual, racial or other type of prohibited harassment by medical staff of Jail staff, inmates or county employees; fj any romantic relationship between a member of medical staff and any inmate; g) violation of confidentiality laws relating to health care information; h) failure or refusal to cooperate with Jail staff in the investigation of grievances or complaints; i) determination after an internal investigation,notice,and an opportunity to be heard that the Provider has violated the civil rights of an inmate;or j) arrest of Provider for a felony or misdemeanor of Class B or above. 7. Immediate Termination- The County may terminate this Agreement immediately and without any notice or cure period if: a) Provider is convicted of a felony or a misdemeanor of Class B or above; b) A court determines that the Provider failed to provide medical care to any inmate at the Jail in accordance with the accepted standard of care; c) Suspension or revocation of medical license; d) Violation of the civil rights of an inmate as determined by a court of competent jurisdiction;or e) Where.care is so objectively deficient as to create a risk to County, Patients and potential liability to the County. 8. Termination by Provider - Provider may terminate this Agreement after 30 days written notice to the County and opportunity to cure if the County fails to pay the fee payments as required herein. 9. Notice of Termination - If in the event the Provider provides written notice to the County of termination and/or the Provider desires not to renew this contract. Provider agrees to continue a month to month agreement for the same services and rate with the County for a reasonable period of time so that an appropriate replacement can be found and transitioned into the Provider's position: 10. Medical Judgment, - Medical care must be rendered based on medical judgment \101. '3z+2-, P9. �'1 U and the medical needs of the patient at all times. The Provider has exclusive control of the standard of care and treatment that a patient receives and is in no way subordinate to any other County employee or elected official in that determination. The Provider shall exercise the degree of professional skill appropriate in the relevant medical community in carrying out its duties under this Agreement. 11. Independent Contractor - Provider shall not be considered an employee of the County for any purpose, including but not limited to payroll taxes and withholding, health insurance, unemployment insurance, or retirement. The Provider is an independent contractor providing professional medical services using its own training, skill and medical judgment. 12. Employment Decisions - Relating to County Employees. The Provider shall have the authority to temporarily remove a medical employee from duty if necessary for patient welfare. Employment decisions involving demotion, unpaid suspension or termination will be made by the County Judge and/or County Commissioners. All final hiring and firing decisions relating to medical personnel rest with the County Judge and/or County Commissioners. 13. Peer Review - As part of the Provider's duties as Medical Director, the Provider shall establish a peer review process for medical personnel when appropriate. 14. Insurance - Malpractice insurance shall be either obtained by the County or the Provider. For the purpose of meeting the terms of this Agreement, liability limits are required to be one million ($1,000,000) per occurrence and three million ($3,000,000) aggregate. If the Provider obtains the malpractice insurance, the County shall reimburse the Provider for that portion of insurance that covers the terms of this Agreement. Provider agrees to comply with any reasonable request from the County to procure said Insurance. The Provider shall submit proof of insurance coverage prior to the start of services which shall name Brazos County as an addition insured. Proof of insurance shall also be submitted by the Provider at any other time during the term of this Agreement on the reasonable request of the County. The insurance policy must contain a 30-day notice to the County before expiration or termination. 15. Indemnity — The Provider and the County mutually agree to indemnify and hold each other harmless and defend each other, their officers, agents and employees from and against any and all claims, losses, damages, causes of action, suits and liability of any kind, including all expenses of litigation, court costs and attorney's fees, for injury to or death of any person or any breach of contract, arising out of each party's own negligent acts. 16. Provider Back-up/Fill-in -Provider is responsible for providing an appropriate Fill-In Provider in the event that the Contracting Provider becomes unavailable due to any 3 Vol. _ pg.�� _ planned or unforeseen circumstances. 17. Third Parties - No provision of this Agreement shall inure to the benefit of any third party,. including, but not limited to, inmates or employee patients. No other person or entity other than Physician and County may enforce any portion of this Agreement. 18. Applicable Law and Venue- This Agreement shall be construed according to, and the rights of the parties shall be governed by, the laws of the State of Texas. Venue of any action arising out of this Agreement shall be in a court of competent jurisdiction in Brazos County, Texas. 19. Assignability - This Agreement is not assignable by the Provider without the prior writing consent of the County. 20. Miscellaneous - This Agreement may only be amended by a writing signed by both parties. If any of the provisions of this Agreement are found by a court of competent jurisdiction to be invalid or unenforceable, they .shall be severable from the remainder of this Agreement and shall not cause the invalidity or unenforceability of the remainder of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties and their successors, personal representatives, and assigns. DATED this 30th day of June ,2020. Brazos County Provider By: By: ' P.O. Duane Peters,Brazos County Judge Dr.Joel Ri ards,Provider Richards Emergency Services,PA 4 VOI. � � Pg 23 I \ Exhibit "A" SERVICES/RESPONSI BI LITES 1. Supervision of all medical staff 2. Mentoring and training of medical department staff when necessary 3. Care and Services to be provided-by the Provider or his qualified designee 4. Available for daily medical guidance to medical department staff S. Sick call Clinics as agreed to by the Jail and Juvenile Detention 6. Maintain HIPAA Compliance and Certification 7. Evaluation and treatment of inmates and patients as medically necessary 8. Maintain medical Compliance forthe Brazos County Jail and Juvenile Detention Center as required under Federal and State Law 9. Consult with any other provider as needed to ensure compliance and care 10. Maintain and review records are required for compliance 11. Consult with medical staff as required for compliance 12. Provide oversight of medicines and supplies needed and used by the Jail and Juvenile detention voi. 3`f Pg. 2�` DIR Contract No. DIR-TSO-3942 Vendor Contract No. STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT FOR SERVICES PMCS SERVICES,INC. 1. Introduction A. Parties This Contract for Services("Contract")is entered into between the State of Texas("State"), acting by and through the Department of Information Resources("DIR")with its principal place of business at 300 West 15th Street, Suite 1300, Austin, Texas 78701, and PMCS Services, Inc. ("Vendor"),with its principal place of business at Unnanu, 118 Nueces St, 2nd Floor,Austin,Texas 78701. B.Compliance with Procurement Laws This Contract is the result of compliance with applicable procurement laws of the State. DIR issued a solicitation on the Comptroller of Public Accounts' Electronic State Business Daily,Request for Offer(RFO)DIR-TSO-TMP-253,on August 4,2016,for Deliverables- Based Information Technology Services (DBITS). Upon execution of this Contract, a notice of award for RFO DIR-TSO-TMP-253 shall be posted by DIR on the Electronic State Business Daily. C. Order of Precedence This Contract;' Appendix A, Deliverables-Based Information Technology Services Contract Terms and Conditions; Appendix B, Vendor's Historically Underutilized Businesses Subcontracting Plan; Appendix C, Sample Statement of Work; Exhibit 1, Vendor's Response to RFO DIR-TSO-TMP-253, including all addenda; and Exhibit 2, RFO DIR-TSO-TMP-253, including all addenda; are incorporated by reference and constitute the entire agreement between DIR and Vendor.In the event of a conflict between the documents listed in this paragraph,the controlling document shall be this Contract,then Appendix A, then Appendix B, then Appendix C, then Exhibit 1, and finally Exhibit 2. In the event and to the extent any provisions contained in multiple documents address the same or substantially the same subject matter but do not actually conflict,the more recent provisions shall be deemed to have superseded earlier provisions. 2. Term of Contract The term of this Contract shall be two(2)year commencing on the last date of approval by DIR and Vendor. Prior to expiration of the original term, DIR may extend this Contract, by amendment, for up to two (2) optional one-year terms. Additionally, the parties by mutual agreement may extend the term for up to ninety(90)additional calendar days. 3. Service Offerings Services available under this Contract are limited to the Deliverables-Based Information Technology Services Technology Categories as specified below.Vendor may incorporate Page 1 of 7 Department oflnformatton Resources rev 12/01/16) 0 �� DIR Contract No. DIR-TSO-3942 Vendor Contract No. changes to their services offering; however, any changes must be within the scope of the RFO and services awarded based on the posting described in Section 1.B above. Vendor may not add services which were not included in the Vendor's response to the solicitation described in Section 1.13 above. No hardware or software products and related services may be sold through this contract. Any products needed to deliver final services must be procured through another contract vehicle. Examples of these products include: Software as a Service(SaaS), subscriptions, annual license maintenance and support, and web hosting. Business Intelligence(BI)and Data Warehouse 1) Definition: BI enables an organization to perform in-depth analysis and includes, where required, data mining of detailed business data providing real and significant information to business users. BI may include an integrated group of operational and decision support applications and databases. BI makes use of tools designed to easily access data warehouse data. A data warehouse collects, organizes and makes data available for the purpose of analysis and gives organizations the ability to access and analyze information about its business. The function of the data warehouse is to consolidate and reconcile information from across disparate business units and IT systems and provide a context for reporting and analysis. 2) Examples of included services: architectural design, extraction, transformation and loading of data sources; planning, assessment, product installation and tuning; prototype development, deployment, data cleansing, data mart development and support; data migration, integration with data mining; integration with business intelligence tools and/or systems; data scrubbing; data transformation; training and knowledge transfer. Enterprise Resource Planning(ERP) 1) Definition: ERP is,an amalgamation of an organization's information systems designed to automate and integrate a variety of functions,commonly referred to as"back office", including financials, human resources and asset management. These systems are modularized and generally highly configurable. 2) Examples of included services: planning and assessment; requirements development; business process reengineering (BPR); implementation and conversion services; application programming and support services; database administration, system software administration and support; functional support; and training support. Information Technology Proiect Management 1) Definition: Project Management service providers may perform any or all of the project management processes identified by the Project Management Institute as published in the PMBOK®Guide,Fifth Edition or most recent. 2) Examples of included services: utilizing the Customer's tools and processes,using off- the-shelf tools,using Vendor's own proprietary tools and processes to manage a project and using the Texas Project Delivery Framework. Information about the framework Page 2 of 7 Department of Information Resource rev 12/01/16) Vol. 3oL pg. Qg-1 DIR Contract No. DIR-TSO-3942 Vendor Contract No. tool can be found at the following url: http•//www dir texas gov/management/projectdelivery/Proiectframework/pages/frame work.aspx Technology Uagrade/N igration and Transformation 1) Definition: Technology Upgrade/Migration may be required to increase business functionality, reengineer a business function, keep current with vendor upgrades or when upgrading existing technology. Technology Transformation may be accomplished by converting/migrating legacy applications to new technology either with or without new business functionality or it may include introducing new technology into the enterprise. Technology Upgradewgration may also include providing website content accessibility compliance. 2) Examples of included services: assessments of the current application portfolio, evaluation of the technology assets before beginning technology transformation and Business Case development for justification of an initiative. Also included are: technology transformations, which may include, appropriate Return on Investment (ROI), benchmarks and milestones. The following activities may also be included: planning, analysis, requirements development, proof of concept, deployment, implementation, integration, remediation, data migration, documentation, application programming and support services; and training support. Information Technology Assessments and Planning 1) Definition: IT Assessments and Planning may include IT effectiveness, maturity, governance, project management and architecture. Strategic planning activities may include mission statement development, visioning and goals, objectives, and strategy development. Tactical planning may require that actionable plans and roadmaps be provided. 2) Examples of included services: IT assessments, including enterprise architecture and cloud assessments; staff knowledge, skills and abilities (KSAs) assessments; bandwidth assessments,network performance and strategic and tactical planning. Application Development 1) Definition: Application Development is the development of new applications which may be mainframe, server, network-based, web-based or a combination. The requirements for new applications may require interfaces to existing applications. 2) Examples of included services: web application development; mobile application development; service oriented architecture (SOA); researching; analyzing; gathering requirements; designing; programming; testing; documenting and implementing; applying changes to the software language and/or database in which the application is written;providing corrections for production or any changes needed and participation in disaster recovery planning and documentation. Department ofInformation Resource (Df rev 12/01/16) DIR Contract No. DIR-TSO-3942 Vendor Contract No. Independent Verification and Validation (IV&V) 1) Definition: Verification and Validation are independent procedures that are used together for in-depth analysis by checking that a product, service, or system meets requirements, independent oversight of SDLC processes and specifications and that it fulfills its intended purpose. 2) Examples of included services: Validation of software design to meet system needs/requirements; traceability of safety critical requirements; design analysis of selected critical algorithms;and code analysis of mission-critical software components and the independent oversight and assessment of systems development life cycle (SDLC)processes(such as issue and risk management, requirements analysis,testing, data conversion etc.) Information Technology Procurement Assistance 1) Definition: Information Technology Procurement Assistance services may include assistance in IT Statement of Work (SOW) and/or Request for Offer (RFO) development. Procurement assistance activities may include requirements gathering, scoring criteria development, and evaluation criteria development. 2) Examples of included services: specification development, Statement of Work(SOW) development, and RFO development for IT products and services. Note:Under Texas Government Code, §2155.004,a state agency may not accept a bid or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or request for proposals on which the bid or contract is based. The selected Vendor and the employees of that Vendor who perform IT Procurement Assistance Services will be ineligible to respond to any resulting solicitation(s). 4. Pricing Pricing to the DIR Customer shall be as set forth in Appendix A, Section 7, Pricing, Purchase Orders, Invoices and Payment, and as set forth in the Customer's Statement of Work and shall include the DIR Administrative Fee.Customers purchasing services under this Contract shall negotiate pricing directly with the Vendor in accordance with the Customer's Statement of Work. 5. DIR Administrative Fee A)The administrative fee to be paid by the Vendor to DIR based on the dollar value of all sales to Customers pursuant to this Contract is three-quarters of one percent (.75%). Payment will be calculated for all sales, net of returns and credits. For example, the administrative fee for sales totaling$100,000 shall be$750.00. B) All prices quoted to Customers shall include the administrative fee. DIR reserves the right to change this fee upwards or downwards during the term of this Contract, upon written notice to Vendor without further requirement for a formal contract amendment. Any change in the administrative fee shall be incorporated by Vendor in the price to the Customer. Page 4 of 7 _ Department oflnformationResources rev 2/01/16) �8 DIR Contract No. DIR-TSO-3942 Vendor Contract No. 6. Notification All notices under this Contract shall be sent to a party at the respective address indicated below. If sent to the State: Kelly A.Parker,CTPM,CTCM Director,Cooperative Contracts Department of Information Resources 300 W. 15''St., Suite 1300 Austin,Texas 78701 Phone: (512)475-4000 Facsimile: (512)475-4759 Email: kelly.parkerOdir.texas.gov If sent to the Vendor: Madhu Basu PMCS Services,Inc. Unnanu, 118 Nueces St,2nd Floor Austin,Texas 78701 Phone: (512) 507-4975 Facsimile: (512)592-7999 Email: DIRna,PMCSservices.com 7. Statement of Work A) Services provided under this Contract shall be based on the Sample Statement of Work as set forth in Appendix C of this Contract. Customers may negotiate the terms and conditions of a SOW to suit their business needs, so long as the SOW terms and conditions do not conflict with this Contract. B) Conflicting or Additional Terms In the event that conflicting or additional terms in Statement of Work or linked or supplemental documents amend or diminish the rights of DIR Customers or the State, such conflicting or additional terms shall not take precedence over the terms of this Contract. In the event of a conflict, any linked documents may not take precedence over the printed or referenced documents comprising this contract; provided further that any update to such linked documents shall only apply to purchases or leases of the associated Vendor product or service offering after the effective date of the update; and, provided further, that, if Vendor has responded to a solicitation or request for pricing, no update of such linked documents on or after the initial date of Vendor's initial response shall apply to that purchase unless Vendor directly informs Customer of the update before the purchase is consummated. In the event that different or additional terms or conditions would otherwise result from accessing a linked document, agreement to said linked document shall not be effective until reviewed and approved in writing by Customer's authorized signatory. Page 5 of 7 Department of Information Resources (DIR rev 12/01/16) DIR Contract No. DLR-TSO-3942 Vendor Contract No. Vendor shall not [without prior written agreement from Customer's authorized signatory,]require any document that: 1)diminishes the rights,benefits, or protections of the Customer,or that alters the definitions,measurements,or method for determining any authorized rights,benefits,or protections of the Customer;or 2)imposes additional costs, burdens, or obligations upon Customer, or that alters the definitions, measurements,or method for determining any authorized costs,burdens,or obligations upon Customer. If Vendor attempts to do any of the foregoing, the prohibited documents will be void and inapplicable to the contract between DIR and Vendor or Vendor and Customer, and Vendor will nonetheless be obligated to perform the contract without regard to the prohibited documents,unless Customer elects instead to terminate the contract,which in such case may be identified as a termination for cause against Vendor. The foregoing requirements apply to all contracts. S. Authorized Exceptions to Contract and any Appendices. No exceptions have been agreed to by DIR and Vendor. Page 6 of 7 Department oflnfo mation Resources v 12/01/16) Vol, Pg DIR Contract No. DIR-TSO-3942 Vendor Contract No. This Contract is executed to be effective as of the date of last signature. PMCS Services,Inc. Authorized By: Signature on File Name: Madhu Basu Title: CEO Date: 7/13/2017 The State of Texas, acting by and through the Department of Information Resources Authorized By: Signature on File Name: Hershel Becker Title: Chief Procurement Officer Date: 7/25/2017 Office of General Counsel: 7/21/2017 Page 7 of 7 Department ofL formation Resources v 12/01/16) Vol. 3, 149- Pg o� Appendix C STATEMENT OF WORK ERP Integration Support Brazos County 9/15/2021 Table of Contents 1. Introduction............................................................................................................................3 2. Background.............................................................................................................................3 3. Scope.......................................................................................................................................3 4. Deliverables........................................................................................................................... 4 4.1. Sample Content................................................................................................................4 4.2. Sample Delivery Schedule................................................................................................4 5. Reports and Meetings.............................................................................................................5 6. Service Level Agreement........................................................................................................5 7. Period of Performance............................................................................................................6 8. Invoices.*.................................................................................................................................6 9. Agency/Vendor-Furnished Equipment and Work Space........................................................6 10. Additional Agency Terms and Conditions............................................................................6 11. Vendor Response.................................................................................................................6 11.1. Staff Capabilities..................................................................... ..................................6 11.2. Service Capabilities.......................................................................................................6 11.3. Project Work Plan.........................................................................................................7 11.4. Additional Considerations.............................................................................................7 11.5. Pricing...........................................................................................................................8 12. Schedule of Events and Response Guidelines: ....................................................................8 12.1. Question and Answers:.................................................................................................9 12.2. Point of Contact:...........................................................................................................9 13. Response Evaluation Criteria...............................................................................................9 14. Response Submission Requirements.................................................................................10 Vol. fit" ---- P9. � 1. Introduction and Background Brazos County has implemented Oracle Fusion and is in the process of implementing GovSense.The County is using OIC for integrations.There are seven integrations between these two applications. 1. Suppliers-one way From Cloud to GS 2. Employees-one way From Cloud to GS 3. Assets-one way From Cloud to GS,possibility to revise to be bi-direction 4. Catalog Items-one way From Cloud a. Get items from Blanket Purchase Agreement 5. Purchasing Requisition-2 way 6. Invoice and payments-2 way 7. Journal integration-inbound for receipts The County has done some testing and have found some of the interfaces are working and some have issues. The County is executing this Statement of Work for Deliverables-Based IT Services(DBITS)for PMCS Services, Inc. (PMCS)and subcontractor Highstreet IT, per PMCS State of Texas DBITS contract DIR-TSO-3942. 2. Scope PMCS Services, Inc.will provide the following items as they relate to the above interfaces: Review of the Oracle Fusion Purchasing, Requisition,Assets, Payables and Generall.edger configuration 1. Review of the Blanket Purchase Agreements 2. Review of the OIC setups and integration designs 3. Provide recommendations on solutions to the issues and recommendations for best practice 4. Provide an assessment of the Cloud configuration 5. Provide an action plan for the completion of the OIC integrations 8 9 Texas Department of Information Resources voiPage 3 of 7 SOW Template-Agile 4. Deliverables • Provide recommendations on solutions to the issues and recommendations for best practice • Provide an Assessment of the Oracle Cloud ERP, EPM and HCM Configuration and set-up. • Provide an action plan for the completion of the OIC integrations Assumptions • The County will provide PMCS consultants system administrator access to a non-production environment. • The County will provide PMCS consultants access to OIC and any related Oracle Infrastructure(ADW for example) • PMCS will have access to GovSense consultants as needed. • Estimated project duration one 7 working days. • Any additional requests or findings will require an update to the level of effort assessment. • The evaluation of the current state of integrations will necessitate the execution of those interfaces. PMCS Services,Inc.assumes suitable data in source systems will be.available. 4.2. Sample Delivery Schedule Deliverable DeliveralileDescription : „. SOW. Estimated Reference is Due Date. Paragraph 1 Provide recommendations on solutions to 9/29/2021 he issues and recommendations for best practice 2 Provide an assessment of the Cloud 9/29/2021 configuration 3 Provide an action plan for the completion 9/29/2021 of the OIC integrations Texas Department of Information Resources Evo ° 34� 290 Page4 of7 SOW Template-Agile ° m�� Y 5. Period of Performance The Period of Performance—September 15, 2021—October 15,2021 6. Invoices Describe the Vendor's responsibilities for invoicing Agency including invoice content, frequency/schedule and instructions for submitting invoices. Payments will be made in accordance with Appendix A of the Contract. 7. Vendor Response (Example content at a minimum, the Agency should consider the following items when developing their SOW) The Agency will select the Vendor(s) that offers the best value as determined by the information provided in the Vendor's Response.The following information shall be provided in the Vendor's Response: 7.1. Staff Capabilities Vendor staff capabilities specific to this SOW: • Organization chart • Management team resumes • Key personnel resumes, illustrating the qualifications of each to perform the services described in this SOW including expertise in Agile development methodology and processes. 7.2. Service Capabilities Vendor shall provide evidence of its services capabilities,including but not limited to: • Description of three (3)projects of similar size and scope that Vendor has conducted within the past five(5)years; Texas Department of Information ResourcesVol. ��� —I Pag 5 of 7 SOW Template-Agile o . pg.—Q— • Description of experience providing similar deliverables in public sector, specifically state and local government; • Vendor shall include an outline of its capability to deliver the required services, including process,functional and technical expertise. • Vendor may also include the types of information that it anticipates providing as part of each deliverable. . 7.3. Project Work Plan Vendor shall provide a draft high-level project work plan addressing the tasks specified in the SOW,which shall include: • A description of key activities and milestones. • A detailed methodology description of the Vendor's approach to analyze, assess, validate, document and complete each sprint/iteration. • A description of the resources necessary from Agency to support the process, including estimates of time needed from Agency's subject matter experts and high- level analysis of data gathering requirements. • Any assumptions and dependencies of the project. SOW, Esttmafed Deliverable Sprints Deliverable Description.r' Reference, . No.:." (It6tations) Due Date" Paragraph 1Provide recommendations to the integration issues and 1 10/1/2021 identify any best practices that should be considered. 1Provide an assessment of the current cloud 1 10/1/2021 configuration and any recommended changes. 1Provide an action plan for the completion of the OIC 1 10/1/2021 integrations � I i Vol 2- Texas f Department of Information Resources "�-�—�s-- Page 6 of 7 SOW Template-Agile • All items of this agreement shall be done in accordance with the Service Level Agreement. • Agency may request oral presentations. 7.4. Pricing The main purpose of this section is to detail the pricing for the deliverables-based services. Vendor should also provide a summary of any assumptions and exclusions.The Vendor must provide a separate cost for each Deliverable (or sprint as applicable) in this SOW. Vendor shall provide firm fixed pricing. Deliverable; " SSW .Sprints ' Unit Extended. Deliverable Description;. ,Reference Unit.:`. No. paragraph (Iteration's) P"nice 'Amount 1Delivery the Assessment of the system as well as the 0 $10,296 rcommendations to fix the integrations and Plan to Brazos County Live as quickly as possible. 8. Signatures Signature: d/Lkt�� Signature: Name(Printed): Andrew R Smetana Name(Printed):-DucWC- Fe�dS Representing: PMCS Services, Inc. Representing: Brazos County Role:Managing Director Role: �Lmi Date:9/15/21 Date: '1/9,t/0j( Texas Department of information Resourcesa d��3 Page 7 of 7 �// SOW Template-Agile o1. Pg ---~�— - Price Quote for Services Edgenuity Brazos County Juvenile Services Bryan TX Edgenuity Inc. Account Number 1656698507 8860 E.Chaparral Road Quote Number 181974 Suite 100 Total$14,000.00 Scottsdale AZ 85250 Date 9/112021 877-7254257 ontract E rid 9/11/2021 8/31/2022 Site .,-'-'-,-:Descriptioi1, Com' 'M ient End Date My Odysseyware K-12 Comprehensive Concurrent User 08/31/2022 20 1.Brazos County Juvenile Services Subtotal $14,000.00 Tdtal .$1.4,000.00' Edgenuity will audit enrollment count throughout the year.If more enrollments are found to be in use than purchased, Edgenuity will invoice the customer for the additional usage. This quote Is subject to Edgenuity Inc. Standard Terms and Conditions ('Terms and Conditions").These Terms and Conditions are available at http:// www.edgenuity.com/edgenuity-standard-terms-and-conditions-of-sale.pdf,may change without notice and are Incorporated by this reference.By signing this quote or by'submitting a purchase order or form purchasing document,Customer explicitly agrees to these Terms and Conditions resulting in a legally binding agreement. To the fullest extent permitted under applicable law,all pricing information contained In this quote Is confidential,and may not be shared with third parties without Edgenulty's written consent. Brazos County� �ervices Edgenuity Inc.Representative,7 Jordan Crick Signature: jordan.crick@edgenuity.com 98 Print Name: DAY1� %�eas Title: (fiuV1+W_ -Tv,&) Date: 9/ Not valid unless accompanied by a purchase order.Please specify a shipping address if applicable.All order documentation can be submitted electronically at https://edgenuUformstack,com/formsta.Alternatively you can e-mail this quote,the purchase order and order documentation to AR(cDedoenulty.com or fax to 480-423-0213. page 1 of 1 8860 E.Chaparral Rd., Ste 100, 80zr423--021-3-www.-edaenuit.com Vol. Pg. Xkv, Edgenuity- STANDARD TERMS AND CONDITIONS These Terms and Conditions govern the provision of products and services as set forth in the applicable Edgenuity quote,customer-accepted proposal, or purchase order(collectively the"Quote,"and with these Terms and Conditions,the"Agreement"). Edgenuity updates these Standard Terms from time-to-time,and posts the current version on its website at httn://arww.edeenuitv.com/edaenuity-standard-terms-and-conditions.t)df. 1. DEFINITIONS. a. Subscription refers to Edgenuity's internet based learning management software as a service. The Subscription includes access to the Licensed Material(defined below)and Third Party Services found at littps://wwNv.edeenuitv.com/third-party-terms.rdf. b. Licensed Material refers to the Edgenuity products and services specified in the Quote or other agreement,which may include Edgenuity Courseware,audio,video and other content,curriculum,documentation and software including applets and animations. c. Professional Development,refers to all implementation planning,program design,administrative and instructional training,consulting and coaching for education professionals provided by Edgenuity as described in the applicable Quote. Professional Development services are also subject to the additional terms contained in the attached Addendum. d. Instructional Services refers to services provided by Edgenuity including student access to.teachers and coaches,the development and implementation of policies and procedures for purposes of improving student outcomes,and other services as stated in the applicable Quote. Instructional Services are also subject the additional terms contained in the attached Addendum. 2. LICENSE and SERVICES. a. License. Edgenuity grants Customer a non-exclusive,non-transferable license to access and use Licensed Material for internal educational and training purposes solely for the Subscription as set forth in the Quote. This Agreement provides only Customer and Customer's specifically authorized instructors,administrators,students and parents("End Users")access to and use of the Subscription solely for internal education-and training-related purposes.License and Service types are listed below: i. Concurrent License - provides access to software throughout the Term by all authorized Users based on the number of simultaneous Iicenses purchased. Total number of users accessing program simultaneous cannot exceed total quantity of licenses purchased. it. Reusable License-provides access to software throughout the Term by all authorized users based on the number of semester course enrollments purchased. Once a course enrollment is disabled or completed,the enrollment license can be reused for that student or another student throughout the contract period. iii. Single User-available to a single User identified by name and designated as the sole Student User of the specific license throughout the Term. Licenses cannot be transferred to another User. iv. Site License-provides access to software throughout the Term by all authorized Users located in the specific physical site identified on the Price Quote.Must be a traditional brick and mortar educational institution that provides educational services to students at a common physical location.Not available for virtual schools. V. Virtual School-a Customer that is(a)a private school licensed by the applicable state where students do not meet physically regularly for learning but where there is a teacher of record available to students enrolled at the institution and much of the learning takes place over the Internet with regular assistance or guidance from the teacher of record or(b)a private tutoring provider that makes available personal attention to each student clients enrolled in a program by faculty of tutoring provider and such services are the primary purpose of enrollment by students Clients;or(c)a public program implemented by School District where students do not meet physically regularly for learning but where there is a teacher of record available to students enrolled at the institution and much of the learning takes place over the Internet with regular assistance or guidance from the teacher of record regularly for learning; and(d)with respect to(a), (b), and (c) a Virtual School is not school that sells licenses or access to Software on a standalone bases or sells license or access to Software to students not actively enrolled in and participating in learning services provided by the private school or tutoring provider. Licenses are available to access software throughout the Term by authorized Users not to exceed specific quantities stated on Price Quote. b. Services. If set forth in the Quote, Edgenuity will also provide Professional Development and/or Instructional Services,subject to the additional terms and conditions attached hereto as the Addendum for Instructional Services and Professional Development.Customer's access to any Professional Development or Instructional Services will expire at the end of the Term set forth in the applicable Quote,or if the Subscription is terminated for any reason. c. Edgenuity Technical and Customer Support. Edgenuity will provide technical and customer support for the Service. Technical support includes system updates and enhancements when generally made available and pushed per Edgenuity's regularly scheduled maintenance. Information on customer support and technical requirements is found at https://www.edgenuity.com/support/customer-support/. 3. USE OF SUBSCRIPTION. a. Customer Data and Student Data. All data and materials uploaded or entered during use of the Subscription by Customer, including student information and student records,remain the property of Customer("Customer Data"). All student-generated content and personally identifiable information about any students("Student Data")shall remain the property of the student,or of the parent or legal guardian of the student.Customer represents and warrants that it has appropriate rights to any Customer Data and Student Data. Customer grants Edgenuity the right to use the Customer Data and Student Data solely for purposes of performing under this Agreement. Students(or Parents or legal ,J 31-F�- fig. 2015 guardians of the Student),retain ownership and control of all Student Data that is provided or accessed through Edgenuity's course,and ownership of such Student Data never passes to Edgenuity. During the term of this Agreement,Customer may export Customer Data and Student Data to the extent allowed by the functionality within the Subscription. For training and demonstration purposes,Edgenuity may use and share Customer Data and Student Data,but will share only with supervisors,instructors and other Customer employees who have appropriate authorization. b. Customer Responsibilities. Customer must(i)keep its passwords secure and confidential;(ii)be solely responsible for Customer Data and all activity in its account;(iii)use commercially reasonable efforts to prevent unauthorized access to its account and notify Edgenuity promptly of any such unauthorizedaccess;and(iv)use the Subscription as described in Edgenuity's written technical guides. Customer authorizes its integrators or other third party vendors and Edgenuity to conduct initial setup and to allow continued access to the Subscription for the sole benefit of Customer. Customer may provide Edgenuity the name and contact information for all third parties authorized by Customer,or necessary for Customer to use the Subscription. Customer is solely responsible for ensuring compliance by its authorized integrators or other third party vendor(s) with all federal, state and local privacy laws and regulations. EDGENUITY HEREBY DISCLAIMS FOR ALL PURPOSES AND CIRCUMSTANCES ANY RESPONSIBILITY OR LIABILITY FOR USE OF THE PRODUCTS INCLUDING THE CUSTOMIZATION THEREOF. 4. WARRANTIES and DISCLAIMERS. a. Compliance Warranty&Privacy Policy. Edgenuity will comply with,and will cause each of its employees,agents,and contractors to comply with,all state,federal and municipal laws and regulations applicable to its performance under this Agreement("Applicable Laws"), including without limitation the Family Educational Rights and Privacy Act("FERPA"),and the Children's Online Privacy Protection Act ("COPPA"). Edgenuity's Privacy Policy,which is incorporated by reference into these terms and conditions,contains additional terms regarding Edgenuity's use of and commitment to safeguarding Student Data,and compliance with other student privacy laws. Customers and End Users can find Edgenuity's privacy policy at http://www.edgenuity.com/Information[Privacv/. Customer is responsible for providing notice of its own privacy policy to parents of its student and for obtaining any necessary parental consents for students to use the Subscription as may be required by Applicable Law. b. Professional Development and Instructional Services Warranty. Edgenuity warrants that it will provide Professional Development and/or Instructional Services in a professional and competent manner consistent with the terms of this Agreement and under generally accepted industry standards. c. Edgenuity Service Warranty. Edgenuity warrants that it will make commercially reasonable efforts to maintain the online availability of the Subscription. CUSTOMER'S EXCLUSIVE REMEDY AND EDGENUITY'S ENTIRE LIABILITY UNDER THIS WARRANTY WILL BE FOR EDGENUITY TO REPAIR THE NON-CONFORMING SERVICE, OR IF EDGENUITY CANNOT MAKE SUCH REPAIR WITHIN A REASONABLE PERIOD OF TIME,THEN EDGENUITY MAY TERMINATE ACCESS TO THE SUBSCRIPTION AND REFUND A PORTION OF THE FEE. d. DISCLAIMERS. THE SUBSCRIPTION IS PROVIDED "AS IS" AND WITH ALL FAULTS. EXCEPT FOR THE ABOVE WARRANTIES, THE SUBSCRIPTION AND ANY PROFESSIONAL DEVELOPMENT AND INSTRUCTIONAL SERVICES ARE PROVIDED ON AN "AS-IS" AND "WHEN AVAILABLE" BASIS. EDGENUITY EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES CONCERNING THE SUBSCRIPTION AND SERVICES TO THE EXTENT ALLOWED BY LAW,INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT THE OPERATION OR CONNECTIVITY OF THE SUBSCRIPTION WILL BE UNINTERRUPTED OR ERROR-FREE,OR THAT THE SUBSCRIPTION WILL BE FREE OF ALL POSSIBLE METHODS OF UNAUTHORIZED ACCESS, ATTACK,OR INTRUSION. 5. PAYMENT,INVOICING AND TAXES. Unless otherwise provided in the Quote,Customer will pay the amount of each invoice net 30 days after the invoice date. Except to the extent that Customer provides Edgenuity with a valid tax exemption certificate authorized by the appropriate taxing authority,Customer must pay any taxes, impositions,or other charges imposed or levied by any governmental authority, including any sales,use,value-added,or withholding taxes,in connection with the Quote,excluding Edgenuity income and payroll taxes. 6. MUTUAL CONFIDENTIALITY. a. Definition of Confidential Information. Confidential Information means all non-public information including Personally Identifiable Information("PH")as defined by Applicable Law,disclosed by a party("Discloser")to the other party("Recipient"),whether orally or in writing,that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"). Edgenuity's Confidential Information includes without limitation the Service,its user interface design and layout,pricing information,and the Licensed Material. b. Protection of Confidential Information. The Recipient must use the same degree of care that it uses to protect the confidentiality of its own confidential information(but in no event less than reasonable care)not to disclose or use any Confidential Information of the Discloser for any purpose outside the scope of this Agreement. The Recipient must make commercially reasonable efforts to limit access to Confidential Information of Discloser to those of its employees and contractors who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with Recipient no less restrictive than the confidentiality terms of this Agreement. c. Exclusions. Confidential Information excludes information that: (i)is or becomes generally known to the public without breach of any obligation owed to Discloser;(ii)was known to the Recipient before its disclosure by the Discloser without breach of any obligation owed to the Discloser;(iii)is received from a third party without breach of any obligation owed to Discloser;or(iv)was independently developed by the Recipient without use or access to the Confidential Information. The Recipient may disclose Confidential Information to the extent required by law or court order,but will provide Discloser with advance written notice to seek a protective order. Edgenuity Standard Te and Conditions rev 2019.12.4 Vol. 5 pg. ac[ce 7. EDGENUITY PROPERTY. a. Reservation of Rights. The content,documentation,software,workflow processes,user interface,designs,know-how and other items provided by Edgenuity as part of the Subscription,any Instructional Services or Professional Development,or in response to Customer requests for customized content are the proprietary property of Edgenuity and its licensors,and all right,title and interest in and to such items,including all associated intellectual property rights,remain only with Edgenuity and its licensors. Customer may not remove or modify any proprietary marking or restrictive legends in the Edgenuity Courseware. Edgenuity reserves all rights unless expressly granted in this Agreement. b. Restrictions. Customer may not(i)sell,resell,rent or lease the access to the Subscription or use it in a service provider capacity;(ii)use the Subscription to store or transmit infringing,unsolicited marketing emails, libelous,or otherwise objectionable,unlawful or tortious material,or to store or transmit material in violation of third-party rights;(iii)interfere with or disrupt the integrity or performance of the Subscription or attempt to gain unauthorized access to the Subscription or its related systems or networks;(vi)use the Subscription for other than internal,Customer educational purposes; (v)reproduce, frame, mirror, modify, translate, enhance, decompile, disassemble, copy, download or reverse engineer the Subscription or modify,create derivative works based on the Subscription;or(vi)access the Subscription to build a competitive service or product,or copy any feature,function or graphic for competitive purposes. S. TERM AND TERMINATION. a. Term. The Term of this Agreement and Customer's access to the Subscription,Services,and any instructional Services or Professional Development services will continue for the period indicated on the applicable Quote,unless terminated by Edgenuity for material breach. The term of the Agreement begins and ends on the effective dates stated in the Price Quote for Services("Term")and Customer only has the right to use the Products and/or Service during the Term.The Term may be extended for an additional one(1)year renewal term(or other duration stated in the invoice)upon Edgenuity's issuance of an invoice for extension and either:(a)payment for such invoice by Customer or(b)Customer's continued accessing and use of the Products and/or Service. b. Funding-Out Clause, If Customer is a governmental entity receiving federal funds,Customer's payment obligation may be conditioned upon the availability of funds that are appropriated or allocated by the applicable government agency. If funds are not allocated,Customer may terminate this Agreement at the end of the period for which funds are available. Customer must notify Edgenuity in writing within thirty(30)calendar days before termination. Upon termination,Edgenuity will be entitled to a pro-rata portion of the fees for Service performed up to the date of termination. c. Non-payment of Fees. Edgenuity may terminate the Agreement and access to the Subscription in a Quote within ten(10)days after Customer receipt of a notice of non-payment of amounts owed under that Quote. d. Mutual Termination for Material Breach. Except for 7(b),if either party is in material breach of this Agreement,the non-breaching party may terminate this Agreement at the end of a written thirty(30)calendar day notice and cure period,if the breach has not been cured. e. Access to and Return of Customer Data and Student Data. For a period of up to sixty(60)days after termination,upon request,Edgenuity will make the Subscription available for Customer to access and export Customer Data and Student Data.Alternately,Customer may submit a written request to Edgenuity up to sixty(60)days after termination,to request the deletion of Student Data(other than anonymized or de- identified data that may be retained pursuant to Edgenuity's Privacy Policy). f. Suspension for Violations of Law. Edgenuity may temporarily suspend the Subscription or remove the applicable Customer Data,or both,if it in good faith believes that,as part of using the Subscription,Customer has violated a law. Edgenuity will attempt to contact Customer in advance. g. Return or Destroy Edgenuity Materials Upon Termination. Within sixty(60)days after expiration or termination of this Agreement for any reason,upon request,Customer agrees to return,delete or destroy all proprietary Edgenuity materials provided by Edgenuity. Customer will confirm its compliance with this destruction or return requirement in writing upon request of Edgenuity. 9. LIABILITY LIMIT. a. EXCLUSION OF INDIRECT DAMAGES. EDGENUITY IS NOT LIABLE FOR ANY INDIRECT,SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT(INCLUDING,WITHOUT LIMITATION, COSTS OF DELAY; LOSS OF DATA, RECORDS OR INFORMATION; AND LOST PROFITS), EVEN IF IT KNOWS OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. b. TOTAL LIMIT ON LIABILITY. EDGENUITY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT,TORT OR OTHERWISE)DOES NOT EXCEED THE AMOUNT PAID BY CUSTOMER WITHIN THE 12-MONTH PERIOD BEFORE THE EVENT THAT GAVE RISE TO THE LIABILITY. 10. INDEMNITY. a. Edgenuity will defend or settle any third party claim against Customer to the extent that such claim alleges that Edgenuity technology used to provide the Subscription violates a copyright,patent,trademark or other intellectual property right. Customer must promptly notify Edgenuity of any such claim in writing,cooperates with Edgenuity in the defense,and allow Edgenuity solely to control the defense or settlement of the claim. If such a claim appears likely,then Edgenuity may modify the Subscription,procure the necessary rights,or replace the infringing part of the Subscription with a functional equivalent. If Edgenuity determines that none of these are reasonably available, then Edgenuity may terminate the Subscription and refund any prepaid and unused fees. Edgenuity has no obligation for any claim,in whole or in part,arising from information,items or technology not provided by Edgenuity or for any third party services not owned by Edgenuity. THIS SECTION CONTAINS CUSTOMER'S EXCLUSIVE REMEDIES AND EDGENUITY'S SOLE LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS. b. To the extent permitted under Applicable Law,each party will defend,indemnify and hold harmless the other party from and against any third party claims,injuries,losses,damages,settlements,penalties,fines,costs,or expenses(including reasonable attorneys'fees)that arise genuity.Stand d Teens and Conditions rev 2019.12.4 Page 3o I F_v® mg. 29 from or relate to(i)the indemnifying party's negligence,misconduct or breach of this Agreement;and(ii)an indemnifying party's violation of Applicable Law. 11. OTHER TERMS. a. Governing Law. If Customer is a public school or district or other state or municipal governmental agency,this Agreement will be governed by the laws of the state where the Customer resides,excluding any conflict of law principles. Otherwise,this Agreement will be governed by the laws of the state of Arizona b. Entire Agreement and Changes. These Terms and Conditions(and any Attachments)and the Quote constitute the entire agreement between the parties and supersede any prior or contemporaneous negotiations or agreements,whether oral or written,related to this subject matter. The Parties may modify this Agreement only by written agreement signed by both parties. c. No Assignment. Neither party may assignor transfer this Agreement or a Quote to a third party,except that this Agreement with all Quotes may be assigned,without the consent of the other party,as part of a merger or sale of all or substantially all the assets of a party. d. Independent Contractors. The parties to this Agreement are independent contractors,and this Agreement does not create any partnership, joint venture,employment,franchise,or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. e. Feedback. By submitting ideas,suggestions or feedback to Edgenuity regarding the Subscription,Customer agrees that items submitted do not contain confidential or proprietary information;and Customer grants Edgenuity an irrevocable,unlimited,royalty-free and fully-paid perpetual license to use such items for any business purpose. f. Enforceability and Force Majeure. If any tern of this Agreement is invalid or unenforceable,the other terms remain in effect. Except for the payment of fees,neither party is liable for events beyond its reasonable control,including,without limitation force majeure events, failure of Internet services,any third party service and telecommunications services. g. Money Damages Insufficient. Any breach by a party of this Agreement or violation of the other party's intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach. h. No Additional Terms and Order of Precedence. This Agreement supersedes any additional or conflicting terms of any Customer form- purchasing document. If there is an inconsistency between these Terms and Conditions and any Quote,the Quote will prevail only with respect to pricing,duration and service specific terms. i. Survival of Terms. Sections 5 through 10,1 l(a)(e)(g)(h)and(i)shall survive termination of this Agreement. Edgenuity Standard Teems and Conditions rev 2019.12.4 Page 4 of 5 Vol. 2. pg. Addendum for Instructional Services&Professional Development 1. APPLICABILITY. These additional terms and conditions apply if the Quote includes the purchase of Instructional or Professional Development Services from Edgenuity. In the event of a conflict between these additional terms and the Edgenuity Standard Terms and Conditions,these additional terms shall control, but solely with respect to the provision of Instructional and/or Professional Development Services. 2. CUSTOMER LIAISON. Customer will designate an individual to serve as its primary Iiaison to Edgenuity for all communications related to the provision of Instructional and Professional Development Services,setting up access for End Users,and use of the Subscription. 3. HOURS OF AVAILABILITY. Edgenuity Instructional and Professional Development Services will be available during the business hours specified by Edgenuity,or if Customer requires Instructional Services for certain times or additional hours,such requirements must be specified in the Quote prior to the beginning of the Subscription. Requests for access to Instructional or Professional Development Services not already provided for in the Quote must be made or approved by the Customer Liaison,and may result in additional charges. 4. NO GUARANTY OF OUTCOMES.Edgenuity cannot make any guarantees,representations or warranties as to any student,teacher,or other End User outcomes or results from the Instructional or Professional Development Services. 5. INSTRUCTIONAL SERVICES. If specified in the Quote,Edgenuity will provide virtual access to teachers or coaches(or both)("Edgenuity Instructors")who are hired,trained,supervised,and paid by Edgenuity,and who will assist in the virtual delivery of the Licensed Material to students and their use of the Subscription(the"Virtual Programs'). Customer is responsible for(a)providing secure internet access for End Users to use the Virtual Programs;(b)all day-to-day management of the Virtual Programs,subject in all cases to compliance with Applicable Law and Customer policies;(c)obtaining all necessary consents for the provision of Instructional Services where they will involve direct contact between Edgenuity Instructors and students and parents;(d)determining appropriate student courses and verifying student schedules;(e)monitoring student attendance and ensuring compliance with applicable state requirements;and(f)assisting students not making adequate progress. a. Instructor Requirements. Customer shall be responsible for advising Edgenuity of any special certification,training,background checks, insurance, fingerprinting or similar requirements for the Edgenuity Instructors as may be imposed by Applicable Law ("Instructor Requirements"). Edgenuity shall be solely responsible for all decisions regarding hiring,supervision,discipline,and dismissal of Edgenuity Instructors,and for ensuring that all Edgenuity Instructors meet and comply with Instructor Requirements. b. Exceptional Student Services. If Customer is a public entity receiving federal funds, Customer is considered the"Local Educational Agency,"or LEA,as that term is defined by Applicable Law,and Customer is solely responsible for the provision of any special education services. Edgenuity's services do not include(i)providing special education services;(ii)creating,implementing or providing Individualized Education Programs(IEP); (iii) providing reasonable accommodations or any services to insure compliance with the Individuals with Disabilities Education Act(IDEA),the Americans with Disabilities Act(ADA),section 504 ofthe Rehabilitation Act,or any other Applicable Law.Notwithstanding the foregoing,Edgenuity will discuss,formulate and make reasonable adjustments and accommodations in furtherance of student IEPs or reasonable accommodations established by Customer,provided that Customer provides necessary IEPs and section 504 documentation to Edgenuity.Customer shall be solely responsible for the costs of any required adjustments or accommodations. c. State Testing. Customer is responsible for providing appropriate accommodations for the administration of any state-mandated standardized testing by End Users. Customer is also responsible for receiving,distributing,administering,proctoring and returning all state mandated standardized tests under applicable state law,policies and procedures. d. Reporting and Withdrawal of Students/End Users. Where reporting of student results is required by Applicable Law,Customer shall be responsible for insuring the accuracy and completeness of student Information used,relied upon,or reported by Edgenuity in providing the Instructional Services,and shall promptly notify Edgenuity if any student information needs to be corrected or updated. Upon notice to Customer,Edgenuity reserves the right to withdraw End User access for students who fail to take required tests or maintain adequate progress. 6. PROFESSIONAL DEVELOPMENT SERVICES. If included in the Quote,Edgenuity may also provide Professional Development Services, ('PD Services')which may include training and instruction to Customer's instructors and administrators on the implementation and use of the Subscription,curriculum workshops,use of student information to monitor progress,and other related topics as may be specified in the Quote. Customer shall be solely responsible for providing necessary equipment and secure Internet access to facilitate the PD Services,and for scheduling the PD Services at least two(2)weeks in advance. a. Charges for PD Services. Before delivering Professional Development Services,Edgenuity must receive a signed Quote specifying the number of hours included and the cost of the services provided,and all necessary setup and implementation services required to demonstrate and use the Subscription must be completed. PD Services will be available for use by Customer only during the Term of the Subscription. PD Services purchased but not scheduled and delivered within the first year of the Term may be forfeited without notice. If there are any changes or cancellations of PD services less than 72 hours prior to the scheduled delivery date,Customer agrees to reimburse Edgenuity for travel and other out-of-pocket expenses incurred. The Parties must document in writing and sign any grace periods or extension of time for delivery of PD Services. b. Use of Customer's Facilities. If Edgenuity will be providing any PD Services at Customer's premises,Customer shall advise Edgenuity in advance of any Instructor Requirements for Edgenuity personnel, and Edgenuity will be responsible for insuring that all Professional Development personnel meet and comply with all such requirements. 7. NO UNAUTHORIZED RECORDING OR REPRODUCTION. All content delivered by Edgenuity as part of Instructional or PD Services are the property of Edgenuity,and customer may not record,reproduce or copy such content without Edgenuity's express written authorization. Edgenuity Standard Tcrtns and Conditions rev 2019.12.4 Page 5 of 5 Vol. ��- pg. 2� ` l� COMMISSIONER COURT MINUTES OF SEPTEMBER 21, 2021 ARE CONTINUED FROM VOLUME 342 von. Pg.—L—__ l NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Easement Agreement for Drainage Date: September 7,2020. Grantor: Brazos County Grantor's Mailing Address: P.O.Box 914,Bryan,Texas 77806-0914 Grantee: Piraino Properties LLC, a Arkansas Limited Liability Company. Grantee's Mailing Address: 980 Runway Drive,Conway,AR 72032-8838 Dominant Estate Property: All of the 2.161-acre tract conveyed to Piraino Properties,LLC in Brazos County, Texas, according to the deed thereof recorded in Volume 13131, Page 048, Official Public Records of Brazos County,Texas. Easement Property: Being a fifteen foot (15') wide private drainage easement in Brazos County, Texas, said easement being more particular described and shown on Exhibit "A" attached hereto and made a part hereof. Easement Purpose: For the installation, construction, operation, maintenance, replacement; repair, upgrade,and removal of surface level and/or underground drainage facilities("Facilities") to drain surface and storm water off of the Dominant Estate Property. Consideration: TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged by Grantor. Reservations from Conveyance: Grantor reserves the right to use the Easement Property for purposes that do not interfere with the Easement Purpose. Exceptions to Warranty: Validly existing easements, rights- of- way, and prescriptive rights, whether of record or not and all presently recorded and validly existing instruments, other than conveyances of the surface fee estate that affect the Easement Property. Grant of Easement: Grantor, for the Consideration and subject to the Reservations from Conveyance and Exceptions to Warranty, grants, sells, and conveys to Grantee and Grantee's Vol. heirs, successors, and assigns an easement over, on, and across the Easement Property for the Easement Purpose,together with all and singular the rights and appurtenances thereto in any way belonging (collectively, the "Easement"), to have and to hold the Easement to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, successors, and assigns to warrant and forever defend the title to the Easement in Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the Easement or any part thereof, except as to the Reservations from Conveyance and Exceptions to Warranty,to the extent that such claim arises by,through, or under Grantor but not otherwise. Terms and Conditions: The following terms and conditions apply to the Easement granted by this agreement: 1. Character of Easement. The Easement is appurtenant to and runs with all or any portion of the Dominant Estate Property, whether or not the Easement is referenced or described in any conveyance of all or such portion of the Dominant Estate Property. The Easement is nonexclusive and irrevocable. The Easement is for the benefit of Grantee and Grantee's heirs, successors, and assigns who at any time own the Dominant Estate Property or any interest in the Dominant Estate Property(as applicable,the"Holder"). 2. Duration of Easement. The duration of the Easement is perpetual. 3. Reservation of Rights. Holder's right to use the Easement Properly is nonexclusive, and Grantor reserves for Grantor and Grantor's heirs, successors, and assigns the right to use all or part of the Easement Property in conjunction with Holder as long as such use by Grantor and Grantor's heirs, successors, and assigns does not interfere with the use of the Easement Property by Holder for the Easement Purpose, and the right to convey to others the voi. 3-_ P _p_...._.._..._ . . right to use all or part of the Easement Property in conjunction with Holder, as long as such further conveyance is subject to the terms of this agreement. 4. Improvement and Maintenance of Easement Property. Improvement and maintenance of the Easement Property and Facilities will be at the sole expense of Holder. The storm sewer pipe within the drainage easement shall be designed and constructed by Grantee, Piraino Properties LLC, to accommodate the 100 year runoff for the full development of the Dominant Estate Property and all of LOT 1, BLOCK 11, BARRON CROSSING Subdivision, City of College Station, Brazos County, Texas, with a minimum of 80% impervious cover. The design of the storm sewer system shall also accommodate the 100 year, full development runoff of the Dominant Estate Property and all of LOT 1, BLOCK 11, BARRON CROSSING Subdivision, City of College Station, Brazos County, Texas,with the hydraulic grade line being maintained below the existing ground elevation.Brazos County shall have the right to connect to the storm sewer system at any point or points within LOT 1,BLOCK 11,BARRON CROSSING Subdivision, City of College Station, Brazos County, Texas.Holder must maintain the Easement Property in a neat and clean condition.Holder has the right to conduct, install maintain, replace, and remove the Facilities under or across any portion of the Easement Property. All matters concerning the Facilities and their configuration, construction, installation, maintenance, replacement, and removal are at Holder's sole discretion, subject to performance of Holder's obligations under this agreement. 5. Equitable Rights of Enforcement. This Easement may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the parties to or those benefited by this agreement; provided, however, that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. 6. Attorney's Fees. If any party retains an attorney to enforce this agreement, the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 7. Binding Effect. This agreement binds and inures to the benefit of the parties and their respective heirs,successors,and permitted assigns. 8. Choice of Law. This agreement will be construed under the laws of the state of Texas, without regard to choose-of-law rules of any jurisdiction. Venue is in Brazos County, Texas. 9. Counterparts. This agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. 10. Waiver of Default. It is not a waiver of or consent to default if the nondefaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by law. 11. Further Assurances. Each signatory party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms, provisions, and conditions of this agreement and all transactions contemplated by this agreement. Vol. i 12. Indemnity. GRANTEE DOES HEREBY AGREE TO FULLY AND COMPLETE INDEMNIFY, DEFEND, SAVE, AND HOLD HARMLESS GRANTOR FROM AND AGAINST ANY AND ALL CLAIMS, DEMAND, ACTIONS, CAUSE OF ACTION, JUDGEMENTS, SUITS, DEBTS, LIABILITIES, COST, EXPNESES, -OR DAMAGES, INCLUDING, BUT NOT LIMITED TO COURT COSTS, ATTORNEY'S FEES, AND JUDGEMENTS INCURRED BY, IMPOSED UPON, OR ASSETED AGAINST GRANTOR ARISING FROM, INCIDENTAL TO, OR IN ANY WAY RELATED TO ANY INJURY, LOSS, DAMAGE, OR DEATH OR DAMGE TO PROPERTY SUSTAINED BY GRANTOR OR ANY THIRD PARTY BY REASON OF THE CONSTRUCTION, INSTALLATION, IMPORVEMENT, OR MAINTENANCE OF ANY FACILITIES RUNNING UNDER OR ACROSS THE EASEMENT PROPERTY, REGARLESS OF WHETHER SUCH INJURY WAS DIRECTLY OR INDIRECTLY CAUSED BY ANY NEGLIGENCE ON THE PART OF THE GRANTOR. Each party further agrees to indemnify, defend and hold harmless the other party from any loss, attorney's fees, expenses, or claims attributable to breach or default of any provision of this agreement by the indemnifying party. 13. Entire Agreement. This agreement and any exhibits are the entire agreement of the parties concerning the grant of the Easement by Grantor to Grantee. There are no representations, agreements, warranties, or promises that are not in this agreement and any exhibits. 14. Legal Construction. If any provision in this agreement is for any reason unenforceable,to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability will not affect any other provision hereof, and this agreement will be construed as if the unenforceable provision had never been a part of the agreement. VOL �3 I Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Article and section headings in this agreement are for reference only and are not intended to restrict or define the text of any section. This agreement will not be construed more or less favorably between the parties by reason of authorship or origin of language. 15. Notices. Any notice required or permitted under this agreement must be in writing. Any notice required by this agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. 16. Recitals. Any recitals in this agreement are represented by the parties to be accurate,and constitute a part of the substantive agreement. 17. Time. Time is of the essence. Unless otherwise specified,all references to "days" mean calendar days. Business days exclude Saturdays, Sundays, and legal public holidays. If the date for performance of any obligation falls on a Saturday, Sunday, or legal public holiday, t date f perfa n e will be the next following regular business day. 1 Date: 1^ 1 Duane Peters County Judge L' Date: l l Karen McQueen County Clerk Signatures STATE OF TEXAS ) COUNTY OF BRAZOS ) This instrument was acknowledged before me on 2021, by Duane Peters, County Judge of Brazos County,Texas. SNOTARY MARSHAANDERSON PUBLIC STATE OF TEXAS Notary Public, State of Texas MY COMM,EXP.02/15/2023 My commission expires: NOTARY ID 13i89886-B PREPARED IN THE OFFICE OF: Murphy Legal 3008 Barron Road COLLEGE STATION,TX 77845 Tel: (979)690-0800 Fax: (979)690-0808 AFTER RECORDING RETURN TO: Murphy Legal 3008 Barron Road COLLEGE STATION,TX 77845 �pT 8;o.p C+0�.k OF a�AryC BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2021 Final Plat Indian Lakes Ph 39 DATE OF COURT MEETING: 9/21/2021 ITEM: Approval of the Final Plat of Indian Lakes Subdivision Phase XXXIX(39),Lots 1-13,Block 50;23.344 Acres;J.M.Barrera Survey,A-69;City of College Station ETJ,Brazos County, Texas. Site is located in Precinct 1. TO: Commissioners Court FROM: Karen Tyler DATE: 09/16/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 Owner/Developer: Smiling Mallard Development,Ltd. NOTES/EXCEPTIONS: Engineer/Surveyor. McClure&Browne Engineering/Surveying,Inc. ATTACHMENTS: File Name Description Toe Applicadon_Final Plat IL_Ph_39.pdf Application for Development Backup Material Final Plat IL_Ph 39_09-2020.pdf Plat Backup Material "PRO I) �lallz� Duane Peters Date County Judge voj� I Brazos County Road&Bridge Office 9�0p, 2617 SH 21 West Bryan,TX 77803 Tele hone.. 979 822 21,27 �* Fax:,(979 775-04.56 wero° Email:Plats0.brazoscountytx.aov Y.OF� PLAT APPLICATION SUBJECT -- t 'ERT- Y INF,014MATiQW, •APPLICATION DATE': 'I( a• a�0oZ0 RESUBMITTAL: ❑ YES iO PROJECT SUBDIVISION NAME: :IP►iblAiu :L,j4.K£S 44W 39 PROJECT ADDRESS OR LOCATION:.CAj? o )-,r 2fEm o^i 0P widEsa. RL f 1A.Mi664 .L/ LEGAL DESCRIPTION: pjOtAAJ `j}' .ES. g. Y.I. 4-( 10 i GT IF RESUBMITTAL,PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS: (3 TOTAL ACREAGE JURISDICTION: CITY LIMITS ❑ OUTSIDE ALL CITY LIMITS AND ETJs Notificatibn of Application completeness Will be.given Within'10 days of Applicatlon date. All Incomplete Applicatlons Will be igected. This Application shall expire five,(5)years from-the Application:date of the project, . . . ❑.:MASTER PLAN ❑.SIMPLIFIED PLAT ❑'PRELIMINARY PLAN ff FINAL PLAT ❑.AMENDING PLAT Q REPLAT i APPLlQAT(6�_.PLWP I V &SIDENTIAL ❑ MANUFACTURED HOME [].COMMERCIAL RENTAL COMMUNITY OTHER(Please explaln): 0 � B • + :IS ANY OF THE PROPERTY LOCATED:IN A FLOODPLAIN OR FLOOD.HAZARD AREA? El-YES 1340 Acknowledgment: The flood hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to proposed Developments are considered reasonable end curate for regulatory purposes and are basad on the best available scientific and engineering data On rare occasions gac greater floods can and yAll obcur and flood heights may be increased by man-made or.natural causes.Issuance of a Floodplain Permit in accordance with the Brazos Gounly Flood Damage Prevention.Ordinance does not imply that Development.outside the areas of special flood hazard will be free from flooding or floodAsmage.issuance of a permit:shall not create liability on the part of Brazos County or any officeaor employee of B azos County in the event flooding or flood damage does occur. i ' • - E + �� i WILL ANY.00NSTRUCTION OCCUR IN TxDOT RIGHT OF-WAYS? 11 YES 9 0 —/ e I COUNTY ENGINEER 9 ADOBE.(.pdffile) ❑ AutoCAD(:dwg flie) (Ernall To;plats@brazoscounW.gov) = 9.11 ADDRESSING ff ADOBE(,pdf file) ❑:AutoCAD(.dwg file) (Email To;:ois(&brazoscrountvtx.00v) t • + oftw.fl,E 't 1 E--:2 ft± Aff-T"hS r7�. Al�,��� �,'� 3Pk'. -LIG IFORMA�10 ^t� 5 '" ON k,--jm-,,.* .xr3:.re,.�..,..«,�.z4az „4_..:,a�'s�-n� za aro .4s^"Y' vi»s�se �r FIRM NAME: SH�1L/N.'�r, tMAu.j912�1 :Fi�t%EZOJAGj.Fn�7 L7b. CONTACT: ADDRESS: 36p$ :�. a 5T, STF. ZcSo CITY: STATE: PHONE: ; FAX EMAIL: -l%4(,v.f a :C4&eE tj aid ,4A�. Co `fi3+ �� .,....r..s_?A-.�:�,r.L`:3�.x+�,Ns.:�u<rs`0.�sc..:�ta;.„.�.."�if.�3;^.r� ..;°^w4"aa.�tv.3AY;'�..iz.�_. i,.9��.��,�.t�l�?�t.Y,-s*.,.Y:-.:.��>' �r �;�„�ui;�i s.�^#a A f�x�� �...s.:F'vfu-:ca'�'>•u'Y F.IRMNAME: •;,y� L t�►4LL✓�RA NEVELGsJafZ.�`ti7 L?' .CONTACT: 7�v9vtS f`�0�}.ItT/R/EK ADDRESS: 36t�x e, 1T, ' :CITY: 04.iAp STATE: 7x ZIP: t :PHONE: q7 9— ;2.t 9-G/�77 FAX: j. EMAIL: lR�gvj f.e CLl41e t�Fki�N1�1d/AYr� : GO FIRM NAME: CONTACT; � � C � 7fc,N ADDRESS: o08 jT /03 l i I: CITY: :..... .. . _.. .T� STATE: CCiLL�(r..� LTJ'/rnn/ PHONE: 97y- FAX _ i. .EMAIL: `;rtAL 9 C`�. .�1!IEC�Cvie�:�I�ui�:tlFy:y Ca :4i-& 4'vcvN_a7c oi:.F'ti v C /8'aa�s[i�"`�^T4c• � 4fi 7.S'u".y 4.,' +�.' ,L 4sS �G^'Ftf^f .?� �f.N7}t��j'.tT�..r ht*y�.y ty,'�L°L A .- dY SURUEYOj O iN TIONS t� y }e. Fx7i ha dk:'.` F .31 '1'�t 4 �'-+6 n'f"'�_Y� Y-a 'rF$Ft.t i4�f dK t` �,.".�^.`Y.'> _3'^�ti3 zS . .'-4.tw4L..N� 4 FIRMA NAME: °AMLURE .ORQU, CONTACT: l��U1l�l Yi,;CCL a�4 :ADDRESS: 1c� 8 �vcAC12Et� ISR. rte. /o.3 s CITY: Cut!-E 1 .R.ii�Al STATE: /. ZIP: PHONE; 7f-69��38 )� FAX: it t is EMAIL: 4fEVt v t�.. ACCG L,,e.: fl A., +F•: t o '•� OTHER`INFORMA210,N 'Ytc;kc�Cti�>�, ��t ��4 s, ti ��a�t��i � ke ��`"'�x a 1,uay.��"�°� {i6'�a,,.�`S Kc 1" ti iS$Yr � �a t c f :FIRM NAME: t CONTACT: ADDRESS: i- CITY: STATE: ZIP: PHONE: : .FAX ' EMAIL: E s s V®1. pg. 10 r By my signature,I hereby affirm that.I am the property Owner of record,.or if the Appiicant 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 DevelopmentlSubdivision of this property. SIGNATURE: PRINTED NAME: —i'/ wir DATE: it 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 We 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 recommeridation.and may make a final decision that does not conform to the staffs recpmmendation. iCALCULATIQN'S • MASTER PIAN: No charge SIMPLIFIED PIAT: $100 PRELIMINARY PLAN: $150+$10 per lot FINAL PLAT: $200+$20 per lot AMENDING PLAT: $100 REPLAT: $200 o •UINITY(OfficiaMse • DATE APPLICATION RECEIVED: I 1. DATE APPLICATION RECEIVED I REJECTED: -7 1 SIGNATURE: SIGNATURE: Receipt of this Application by Brazos County does not provide confirmation or acceptance of a eomplete'Appiieation, 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 ❑ 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-DI.1 ❑ 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. Sl.MRILIkEb"FINAL PLAT w Every Simplified Plat shall include all of;tlie following: E"Title Block with the following Information: 2"'Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. R"Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) (Replats need to retain original Subdivision name.) grDate of preparation. (Include-the date of any revisions on the plat.) L"Engineer's scale in feet. C9"'Total area Intended to be developed. R' Proposed number of Lots to be developed. 19'Re-plat or Amending Plat, existing Lot and Block description or Abstract name and number. @r North arrow. Q'Drawn on 24" x 36" sheet to scale of 100-feet per inch or larger. COY Subdivision boundary indicated by heavy lines. Boundary must include:all of Parent Tract. VAII horizontal control and vertical elevations depicted on the plat shall be tied to NAD83 and NAVD 1988 Datum. L'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. L7 All adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. 19"All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plat drawing. R.-County boundaries, City limits, Extraterritorial Jurisdiction. (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. C3'Road names and Right-of-Way width for all Roads. (Existing and proposed) 6YAll existing and proposed plat boundary lines, phase/section lines, and Lot lines With bearings and dimensions. CzYUtility Services. (Water, wastewater, electrical, natural gas', cable; phone, etc.) Ir—Pipelines: label company with volume and page. ChrAll certification language as found in Appendix C. U?"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. CYO'AII proposed Easements and existing Easements 'of record that have a designated route shall be shownon 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. I�!"Building Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a plat note. ItYMetes 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. Vol. -,rT � g ,. i 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) !8r All Subdivision external corners, angle points, points of curvature and points of tangency shall be set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded and shall be a TxDOT "Light Duty Setting" monument with an aluminum or bronze disk as specified in Appendix C of the TxI)OT Survey Manual of April 2011. Alternately, Bernsten® Standard Aluminum Base monument (or equivalent as approved by the County Engineer) embedded and backfilled with compacted sand may be used. All Daughter Lots, Blocks and rights-of-way within the Subdivision shall 'be fully monumented in compliance with the Texas Board of Professional Land Surveying Act and the Board Rules set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded. Primary control points or descriptions and ties to'such control points, .to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. All boundaries shall be tied to a County control monument. L`'rThe plat.note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. Il'The On-site Sewage Facility (O8SF) setback as required by the Brazos County Health District. Er The location, zone classification and panel Effective Date of the 1.00-Year Floodplain as identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published.'by the Federal Emergency Management Agency (FEMA). L'f 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 Floodplaln 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. I�r'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. 1!f'A minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within °the plat, This minimum FFE shallbe 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. LT'-If any areas within the plat include a 10:0-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. 20"A separate drawing containing both existing and proposed.topographic information at 2-FT'contour intervals alor;g with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). Uo"Th,e 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 Qommissioner's Court. 0Vrf any Lot within the plat will be served by a well or an On-site Sewage Facility (0SSF), 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. I Volo Pg.V ��. _ ET"If the plat contains a water well site, there shall be a depiction of the TCSQ separation requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. CY 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. B"'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. 92""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. Er Driveway culverts for all Lots shall be designed by a Licensed Professional Engineer. 19' 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 i 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 1 prior to approval of Final Plat. 2'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. CK"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. 15'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. I'This check list along with the required copies of the plat shall be submitted to the County Engineer for approval. P"'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. EY"All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. t i i i t LPL-AT.-AP, a AT • Every Final Plat must include all of the.items.provided on the Simplified Plat checklist as well as the following: . ... . .... . 125"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. I"lf:public Roadways are to be built as part of the plat, the plat nate regarding the responsibility.for construction of Roadways as found in Appendix G.3 shall.be placed on the face of the plat. 8' The plat note regarding Owner's responsibilities as found in Appendix G.4,: if not ii contained in'the Owner's dedication. I I9�Indicate. the centerline .length of each Road in-the proposed. Subdivision and kits f design speed. I El-lf more than :four mailboxes are to be provided within the Subdivision, cluster l' mailboxes shall be provided and the location of such.shall be indicated on the plat. i"if the :Roads within the Subdivision 'will be privately maintained, include the appropriate note(s) per the requirements of Article 8 of these Re.gulations. 19"Locations of existing and.proposed private alleys. WLocatioris of existing and proposed public areas. EIYLocations of other Public Improvements; including but not limited to parks., schools and other public facilities. l V 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 f concurrently with.Final Plat. Proposed,,phasing. All phasing shall be inaccordance with the approved Master Plan and/or Preliminary Plan and each :phase must be able to stand alone to .meet � requirements of these Reg ulations. .1nfrastructure costs should be.separate.for each I phase of the Subdivision. i ff 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. C?"'If the pro.posed 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. ail"In the case :of an On=site Sewage Facility (OSSF), :the Developer. shall -be responsible for providing a D.eveloprnerit Plan, as performed by a ,Professional Sanitarian, .a Licensed Professional Engineer, or person .certified as required 'by TCEQ Title 30 TAC Chapter 28.5.• The sewage disposal :plan shall .be performed according rules and regulations established by'the Brazos County On-site Sewage Facility (OS.SF) Order and TCEQ Title 30.TAC Chapter 285. ' Vol. 343 e � ^r-Y:ta4a.:, ��uaYx se.eaos_�:=.�Y..ssrv-•zn;�a.+c:,n^,<:cz_a.� AliLAX Ilk l e l m1 '— !•I —�J �' is I :e'.i ! li`- I:; iJ c-- ;, silks - I• I I _i E _,-.':r1a=-<:�-.� -m;..€a'x! Block 60 II g —„TM e.— J L T __ -� I a Block 60 Mol nz oe 9;1 81i I i FINAL PLAT / moo`\\\ ...J INDL9N LAKES \\_� m SUMMON PHASE -''•-'3- 2.XJ”A RLY 77 rr SuL .ueeu mmv'a x'.¢ns�-an vol. pg.� �� a, - dews a d. Wainit JM y Map — — Mr z-�`6'�. MOM e _ piA= ZR FINAL PLAT ".�~•• r-RY: -= INDIAN LAKES SD9DBWMN, PHASE Wiz= Lo ,-„alai so P.SJ"ACRE elWdl AlWfY.A-/9 JJL- i ❑ 9�IOC.�V� rd N Te,04,r "I .Of NrY.Of 9�A BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2021-Final Plat Rustic Oaks Ph 2 Blk 4 Lots 7R&9R DATE OF COURT MEETING: 9/21/2021 ITEM: Approval of the Final Plat of Rustic Oaks Phase 2 Block 4 Lots 7R&9R being a Replat of Rustic Oaks Phase 2 Block 4,Lots 7,8&9;8.28 Acres;Brazos County,Texas.Site is located in Precinct 2. TO: Commissioners Court FROM: Karen Tyler DATE: 09/15/2021 FISCAL IMPACT False BUDGETED: False DOLLAR AMOUNT: $0.00 NOTES/EXCEPTIONS: Owner/Developer: Mark&Vickie Deike Engineer/Surveyor. J4 Engineering/Kerr Surveying LLC ACTION REQUESTED OR ALTERNATIVES: ATTACHMENTS: File Name Description Tvoe Application for Ph 2 Blk 4 Lot 7-9 Replat Application for Development Backup Material Childers_and_Deike_SI GNED.PDF Final Plat- Rustic Oaks_Ph 2 Blk 4 Lots 7R 9R- Plat Backup Material 081021.pdf APPRO D hi an Due Peters Date County Judge Vol. L54f pg. r Brazos County Road&'Bridge Office Stireko ;i 2617 SH 21 West Bryan-,TX 77803, ;, •.:= ' N Telephoni':(979):,822- 127` Fax.N79 775.0456 Email:.016ts9b zoscounW.gov PLAT APPLICATION. SQ.BJ CT PROPERTY INFORMATION' APPLIGATIq...PATE'.08 03.f 2021 .RESUE WITTA6 ❑'YES � NO _.. ............: . ME, Rustic flaks Phase '2 'pROJSGTADDRESS.OFUDCATION:- ;LEGALVESCRJ_P.TI-Ustic- Oaks ,Ph2: Block 4., Lot?-9' IF RESL;PROJECT FORMERLY KNOWN AS: •NUMBER,OF LOTS; 3, TOTAL-ACREAGE '8..286c JURISDICTION: ❑ CITY LIMITS ,❑ 'ETJ ® OUTSIDE-ALL cITY umrr.S:AND ETJs • , 11 Notiticatfan of Application completeness.,will be�i�@n.within 1 .days.ot 4lpplicat on,date. All.reieol iplate Applications vall be rejected: This Appliitaiion shall expire'.Rv-e(g years"rnthe:Application.dats of.tfle pro]ect_ -YPE OF •• l7 MASTER PLAN ❑ SIMPOFIED.PLAT. . ❑'0RELIMIN,!Pi.AN Q;oNAL.PLAT' ❑ AMENDING PLAT ®.REPLAT- . A.• • • •.• ISI RESIDENTIAL ❑.MANUFACTURED HOME ❑' cOMMERGIAL RENTAL:COMMUNITY-. . . .. LI,;Q FiEI (Pl seoxpiain): 0• t ' i Is ANY OFTHE.PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? L7 YSS :NO Acknowledgment Ttte;(tootl hazard boundary maps'and other'f16Qd data used W.91#09 Couhty in evaluating flood hazards toproposed Developments ale cGnsidered reasonable and.accurate,fac regulatory purposes and a .rebAsed on;ttie best.avaifoi$e Wenft and`mpheering date On rare accoslans greater floods can and vrill occurand flood heights may be increased by man-made or nfrturaf causes.Issuance of a Floctlplain Perinit{ ,accprdahce vmh the.Brazos County Flood Damage PrevenlibnArdinance daee':�!#J#jply that Development.outside tlie'areas of special Iiodd.tiazard wiq be.free rrohi'flooding or flood damage,;issuance oE,a permit sfraII not greate.l abiijity ori thdpart.o(BrAp!s Cotinty'or.any ofricet or; eriipioyee of Brazos County iri the'eVent flooding or Goad.damage does occur ' WILLANY CONSTRUCTION OCCUR IN.TxPOT RIGHT-0O -WAYS?•,• Ci,YES Il.NO bolTAL'FILE'SUBMISSIG 'Gb6kT ENGINEER dwg;f (EmaiTplats@bmzoscomtyxgov)p ' 911 ADDRESSING ❑ ApOBE(.pdf Ne) ❑ AutoCAD(:dwq.file� (Ercall ToCgls@brazoscauntvtxaovl..- •N tA ••M AYR• voi. 54S pg. E W -P-rinted Marne Wtz(-�-et t e t:1'S . Date, ::c�_ "a Signature h r C� Signature; . 1 'ranted Na'meArct'1CLGt. .a lid S Date By.my-signotute:.l hereby affirm that am the property Ovmer of record„or Kthe.Applfcant is ari organization,a business entity,that authorization has been.grantetf to re-resent the Owner,organization.or business in this Applicatian,1.ce0t .'ihat the preceding i0prniaRpri is complete and accurate,:and tt is understood that l agree to the DaveldpmehUSubd'iVision of.this property. SIGNATURE;. , PRINTEDNAMEr DATE: SIGNATURE-, a 'PRINTED NAME:. Iiy signing this=;form,.the er o[.ihe property,a,'utharizes Brazos County to 6egin,proceeding3 in.accordance with the.process:for this We of Application Indicated on page.one of this Application The.Owner further acknd,'. ges-thatsubinission-of-an Application does not ill any way obligate. the .County to:approve.the•ApplI tiibn and that:atihoI County staff may make certain recommendations regarding this Application, the Commiss(oner s Court may notfollow that recommendation and may make a 5nal decision that does not cenforin to the states.recommendation. cy MASTER PLAN: No charge SIMPLIFIED PLAT: $100. PRELIMINARY PLAN: S154+5112 per iot FINAL_PLAT: 5200+S20periot AMENDING PLAT: S100 REPLAT. $200 DATE APPLICATION RECEIVED:* .1. C DATE APPLICATION RECEIVED/REJECTED:. % ! SIGNATURE:.;. „ SIGNATURE:• PIC, this,.Applicagon by Brazos.County does not'provide confirmation or ecteptance of.:d comptete:Application,.nor,does it waive requirements foe any additional inforriiation not contained as part of thls:Applicaft which may also be naeded gra.p&t of the review process. :::Application Check List:.*.. '':Copies of finished plat.Wth:corrections (if any): .0 Three:M•hard coptes to Brazos County D One(1.)',pdf copy to Brazos county .O One.(1.) ,dwg copy to Brazos County ” ❑ One(1) hardcopy to Brazos County Health District .. O .One W.hard copy fo;Brazos County 911 El 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): CJ l,etter:.from Brazos•CouI! Health.District-FOr;On-site sews e'evaluadon. l7 Letter:'from.Brazos County 911 -For Road names, 0 Letter,from Water District or.Company.-Stating uvate'r availability,'etc. . ;If property.isWthin an Extcaterrltonal Jurisdiction(ETJ);of a City:.- 13 ApprovaI notification.from appropriate: City,. :Applicant:attests that theyhave.sgned this-Appiicatign in the capacity designated, if any, and further.attests •.. :that they have read doclalTierit and the statement contained herein and any,attached are true and factual. Ali .Applicants are encouraged to,review the County Regulations prior to any piat submittal'. it is understood that' ..this Application: is:not finished or dated:until all documents listed'above.are-:Filed•at',the,Brazos. County " Engineering;t7ffice and all applicable blanks are filled to the:Applicatlon above APPLICANT INFORMATION FIRM NAME: CONTACT: Walter and Brenda Childers ADDREss:429 Shady Creek Dr -CITY: g an STATE:Texas zlP: 777808 PHONE: 979-739-8288 FAX; EMAIL: cim lesolutions@live.com PROPERTY OWNER INFORMATION FIRM NAME: CONTACT: Mark and Vickie Dei ke ADDRESS: 437 S -Creek CITY: Bryan STATE:Texas ZIP' 77808 PHONE: FAX: EMAIL: ENGINEER INFOMATION FIRM NAME:J4 Engineering CONTACT:Glenn Jones ADDRESS:P.0 Box 5192 CITY' Bryan STATE' Texas ZIP:77805 PHONE: 979-739-0567 FAX: EMAIL' giones@j4engineering.com SURVEYOR INFORMATION FIRM NAME: CONTACT: ADDRESS: . CITY: STATE: ZIP: PHONE: FAX EMAIL; OTHER INFORMATION FIRM NAME.- CONTACT. AME:CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: FAX EMAIL: ORIGINAL PLAT �I Ylairdty Hap �s W 'fin s.sa p,�F 6 mT r� 3 Y -i- qti_�� Geaerd Noles: 1 f �W S i� 7 k K pY��t F �+Pr>�• vd-��Y �•d• ®.s.m en w...+r t -:1�\;;� �. m �� fk��e0�`�r>,��& `.a.��J.�xs"+�y '•,p,. "r_.�_�:r.�',.�'..4:..... ,r.:........•..�: �.. .�..,��,.is 9 FI"SJ: REPLAY .. ......._.�"'f"^ . - sWEEM '"` ''�..'�_ pt J`.er`'.' `r" '^x .L., �i `���; i .�m a...._o-o-...+....o....._.. �� � �a;t '.I m�....r m.•.m�•®,a �.�= Faf s, FINAL PLAT Rustic OaksB/ock4 Lots 7R 9R i 9*i�4�'•� �d��� .q'Y 333��������Sttt b ^'meati��4#T3,r�fq ?. JL' .a�r F , X.. F.. 5 Pd 0 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 09/21/2021 REQUESTOR Divided Investments LLC ADDRESS PO Box 4065 Bryan Tx 77805-4065 OWNER NAME Divided Investments LLC PROPIM 21680 REFUND AMOUNT $ 10.90 REQUESTOR Divided Investments LLC ADDRESS PO Box 4065 Bryan Tx 77805-4065 OWNER NAME Divided Investments LLC PROP ID 374797 REFUND AMOUNT $6.66 REQUESTOR Trinity Crushed Concrete ADDRESS PO Box 12214 College Station Tx 77842-2214 OWNER NAME Trinity Crushed Concrete PROPIM 412395 REFUND AMOUNT $8.47 REQUESTOR ADDRESS OWNER NAME PROPID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROPID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROPID# REFUND AMOUNT _ F APPLICATION FOR TAX REFUND Collecting Office Name Collecting Toxfor.(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 DIVIDED INVESTMENTS LLC NUTTJASON PO BOX 4065 BRYAN TX 77805-4065 PROPERTY DESCRIPTION Legal: MARYCAVITT,LOT7 Address: 813 E 31ST ST , Account# 21680 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested ZREFUND 2019 . 01/31/2023 $2145.21 $10.90 Taxpayer's reason for refund: OP-Overpayment REFUND TO: DIVIDED INVESTMENTS LLC %NUTT JASON PO BOX 4065 BRYAN TX 77805-4065 Sign below and return form to the Brazos ounty Tax Office. hJehSy for th efund of the abov described taxes and certify that the information anthisform is true and correct." �igriatCr..ee If you make a false statement on this application,you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION Th tax refu is [ Approv d [ j Disapproved Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date Vol. Pg . TAX RECEIPT 02/22/202103:49PM KRISTEEN ROE,CTA PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR .4- 4151 COUNTY PARK CT BRYAN,TX 77802 ' a ~3039526 Date��.�06,�A$;{ST;�y��- 01/91/20211 QayelJfi:fi '; P P6Yr�e tGo �� Over/Refund! 52,145.21: PAID BY: DIVIDED INVESTMENTS LLC % NUTT JASON PO BOX 4065 BRYAN,TX 77805-4065 Prcpectyalq,;�� 00'01 A 'c� t{z�'t";y++'�'•rmmg. 21680 185000-00000070 10.0000 DIVIDED INVESTMENTS LLC Iit iz %NUTT JASON �t,20,.,_�•�.. v , _ e al Desc[T`tipn ter :', _` ' '.',' PO BOX 4065 ,�MARYCAVITT LOT I BRYAN,TX 77805-4065 ',;.c.�' � rlx�, ,�'!.- j"f"Sy'•.4� },app���.:� � "��+�'p ct�v`.Y. ' , •'r..A'{�.UFJih`n>Y+�H:L�`�S_42K S;'�l �%��Jt.O<MOAY'�lM � rn.rt4� .4�i:.1 Th��,•� V,�` i I 813E31STST, (•__..._.__.._ { =�etl z�?`-.r` '` ,®a[;� . •te,;�= Tax_ati e�17,a1_"e•-�,�StAit; Vd d.�s;:ortgina: :J•,I"s_nits�;-PS`-' ee"s;�=�Over'a�g�/�ountiPtll 2 REFUND ENTITY 2019 0.00000 0 144801 N 10.90 0.00 0.00 0.00 0.00 10.90 BRAZOS COUNTY 2019 0.48750 39,480 33878 N 188.41 0,00 47.14 36.53 0.00 280.08 CITY OF BRYAN 2019 0.62999 39,480 33878 N 248.72 0.00 59.88 48,28 0.00 364.66 BRYAN ISO 2019 1.27000 39,480 33878 N 501.39 0.00 120.32 93.28 0.00 714.97 CITY OF BRYAN 2020 0.62800 33,295 36304 N 208,43 0.00 0.00 0.00 0.00 209.43 BRAZOS COUNTY 2020 0.49500 33,295 35304 N 164.81 0.00 0.00 0.00 0.00 164.81 BRYAN ISD 2020 1.23250 33,295 35304 N 410,38 0.00 0.00 O.OD 0.00 410.36 2,145.21 Balance Due As Of OU3112021. •10.90 Check 1535 m 2145.21 2146.21 I ?:O5ia..for r_BI3-•rort0tl � r�. a: '?"9+ 4.�a i. »{ ' ¢a9 `�• - Z '''y .nS.,�.. p.�. Oo_ ..y'•pa>::-.i• r�"Q:: .�Yb .,�' ..37?^..nf'O_ •IiPB t>f lemerson 34778(02222021LE) 2,145.21 Page:1 Receipt Issued In Accordance with Section 31.075 of the Texas PropertyTax Code Vol. I \-j Pg. �5 f APPLICATION FOR TAX REFUND Collecting Offlce Name Collecting Tax for:(taxing entities) Brazos County Tax Office Brazos County,City of Bryan,My 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 DIVIDED INVESTMENTS LLC %NUTTJASON PO BOX 4055 BRYAN TX 77805-0065 PROPERTY DESCRIPTION Legal: MITCHELL,BLOCK 62,LOT 711 Address: 405 S HUTCHINS ST , Accourit# 374797 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested ZREFUND 2019 01/31/2021 $1399.70 $6.66 Taxpayer's reason for refund: OP-Overpayment REFUND To: DIVIDED INVESTMENTS LLC %NUTT JASON PO BOX 4065 BRYAN TX 77805-4065 Sign be w an I return f m to the Brazos Cou ty Tax Office. " e app for the r and of the above-d cribed taxes and certify that the Information on this form is true and correm" I a r. 6t 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 DETEMNATION ttaxfu is I pproved i Disapproved flak 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. `'T TAX RECEIPT 02/22/2021 03:51PM KRISTEEN ROE,CTA PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR -r -- T------- 4151 COUNTY PARK CT F;� '::_R,ecelptNUmber r::r'° BRYAN,TX 77802 ( 3039528 DafnizP.oSten;r.' ;j:_ , 013112021 Pajgne�rtTypa��,�;;� P. Payirleijt• Qrye,'i:;, OveORefund- TatalRaltl�:-';'•;'' 51389.70 PAID BY: DIVIDED INVESTMENTS LLC %NUTT JASON PO BOX 4065 BRYAN,TX 77805-4065 P{Qperty.ID•.'; r�'G@04:�c,' ik��'•.�;` :,cr•• ;;,k`'y,�rY�"•�{�'�;L'•'e�alggie's• 's��;:;�;�14' _<:,a;•tt:_•:0•.wneiName,antl'Ad_tl�ess:_`i:�^7.s:;:.'.• 374797 1420000-0052-0070 + 10.0000 `DIVIDED INVESTMENTS LLC Le a!D'escri tion %NUTTJASON PO BOX 4065 MITCHELL,BLOCK 82,LOT 7R BRYAN,TX 77805-0065 .s(f 's•;: :;::;'may,4' .. ,., ,.s. .f ;,�,,:.w;DBAName:.;-'° - �:., .. ., t:r 405 3 HUTCHINS ST, (._ -_,•_. L�EntI-ty��t�.�,` ,:�'ear.:;_���Rate;;_. _T_ax_able 17a1ue�4:`Stint•#:��Vold�_'*'.:ONglnal Taxs-Dlscn`ts ;•_::;:�,P81�:�At_t:Fee's,:rOveiage;Amo nu!P.d� 2 REFUND ENT17Y 2019 0.00000 0 144802 N 6.66 0.00 0.00 0.00 0.00 6.66 BRAZOS COUNTY 2019 0.49750 24,120 33883 N 120.00 0.00 28.80 22.32 0.00 171.12 CITY OF BRYAN 2019 0.62999 24,120 33883 N 151.88 0.00 38.48 2827 0.00 216.71 BRYAN ISD 2019 1.27000 24,120 33883 N 306.33 0.00 73.50 58.97 0.00 436,60 CITY OF BRYAN 2020 0.62800 24,121 35308 N 151.72 0.00 0.00 0.00 0.00 151.72 BRAZOS COUNTY 2020 0.49500 24,121 35308 N 119.40 0.00 0.00 0.00 0.00 119.40 BRYAN ISD 2020 1.23250 24,121 35308 N 297.29 0.00 0.00 0.00 0.00 297.29 1,399.70 Balance Due As Of 0113112021: •6.66 TIe deC.i+'..r"-:._D falls:: �.:t-:s' :RT'.. r fL-- � - Check 1534 u� m 1399.70 1399.70 i:Op�ator•:'BatctrR a- t.•.�;;, -,- ---T'-f,.,..,; sTetal;Pald lemerson 34776(02222021LE) 1,399.70 Page:t Receipt Issued in Accordance with Section 31.075 of the Texas Property Tax Coda Fol. Pgo -- APPL-ICA.BO.LV M-TAWREE�1Nn 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 TRINITY CRUSHED CONCRETE %LAMBERT RUSSELL PO BOX 12214 COLLEGE STATION TX 77842-2214 PROPERTY DESCRIPTION Legal: BUSINESS PERSONAL PROPERTY Address: 2112 N HARVEY MITCHELL PKY , Account# 412395 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested ZREFUND 2020 08/23/2021 $3294.58 $8.47 Taxpayer's reason for refund: OP-Overpayment REFUND TO: TRINITY CRUSHED CONCRETE %LAMBERT RUSSELL PO BOX 12214 COLLEGE STATION TX 77842-2214 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above-described taxes and certify that the information on this form is true and correct." 4. O'V.6 ili-n-aiiig 0 DaC'� �7� — �a Qr �UQQ (jt'1'it� !.-tTIy11�U['1U3 (A/'1C�'�-�i• Phone# Email Address If you make a false statement on this application,you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION The refu)Is [ App ov [Disapproved Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date i TAX RECEIPT 08/2312021 02:20PM KRISTEEN ROE, CTA PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT _ Receipt Number BRYAN,TX 77802 3063195- Date Posted � OB12.3121)21• Payment Type - P Payment Code Oyq/Refund Total Paid -13,;94.56 PAID BY: TRINITY CRUSHED CONCRETE %LAMBERT RUSSELL PO BOX 12214 COLLEGE STATION,TX 77842-2214 Property ID Geo Legal Acres Owner Name and Address _ 412395 .802018-0000.0190 •0.0000 TRINITY CRUSHED CONCRETE Legal Description - - %LAMBERT RUSSELL BUSINESS PERSONAL PROPERTY PO BOX _COLLEGEE STATION,TX 77642-2214 SltueDBA Name 2112 N•HARVEY MITCHELL PKY, _ TRINITY CRUSHED CONCRETE Entity _ Year_ Rate T_a_xa_b_le-Value Sfmt# V_o_id Original TaxD_iscnts P$I Aft Fees Overage Amount Pd ZREFUNDENTITY - 2020 0.00000 0 146151 N BA _ 0.00 0.00 0.00 0.00 8.47 CAD SP 2020 0.00000 0 129522 N 10.91 0.00 2.07 1.95 0.00 14.93 BRAZOS COUNTY 2020 0.49500 294,355 129522 N 458.54 0.00 87.13 81.85 0.00 627.62 BRAZOS COUNTY BP 2020 0.00000 0 129522 N 43.57 0.00 8.28 7.78 0.00 69.63 BRYAN ISD BP 2020 0.00000 0 129522 N 108.48 0.00 20.61 19.36 0.00 148.43 CITY OF BRYAN BP 2020 0.00000 0 129522 N 55.36 0.00 10.52 9.88 0.00 75.76 CITY OF BRYAN 2020 0.62900 294,356 129522 N 582.68 0.00 110.71 104.01 0.00 797.40 BRYAN ISD 2020 1.23250 294,356 129522 N 1,141.71 0.00 216.93 203.80 0.00 1,562.44 3,294.58 Balance Due As Of 08123/2021: -8.47 Tender Details Description_ Amount' Check 3336 3294.58 3294.58 Operator_ Hatch _ Total Paid tmoore 37201(0B/23/202'ITIVI) 3,294. 68 Special Condition Exists for this Property Page:1 Recelp mAccordance with Section 31.075 of tha Texas Property Tax Code n oaeswmatm BRAZOS COUNTY,TEXAS BUDGET AMENDNIENT(S)FOR THE 2020-2021 BUDGET YEAR NO.20/21 49.1—49.6 On this the 21st day of September 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 21st day of September 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 thenecessityto meetunusual andunforeseen 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 21st day of September 2021. THE COMNIISSIONERS COURT OF BRAZOS COUNTY,TEXAS. By: Duane Peters,County Judge Original: County Clerk's Office and Attached to the original budget I Vol. Pg, 30 i BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121-49.1 9121/2021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Commissioners' Information Technology- Court-Non Capital Non Capital Departmental Support 18.56 Commissioners' Court-Non Capital County Clerk-Non Capital Departmental Surt 18.56 Information Technology and County Clerk Reallocation of fiords to the appropriate department's account to cover additional cost of a replacement printer. 71 Coirnty]JtdBegAeproval Foi•�Accoua'tin'Po sesOatv7::•tv:;zrX,. .,.,M.. . .; �. . . ..eiz�t�- `+1. �.,....: ..v ":..s:� ...>_.�F..a-_7._L.,_.tivyHt.�;,'t.,,.."e"^..�� '_�'�':z ;'.vtsstaa;;�"" _a .�?'ct.".,,....x.�-�.? FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 06000 14000006 60500000 CR E ui ment&IT Enhancement 18.56 06000 21000006 60500000 DR Equipment&IT Enhancement 1856 v®lo 31c43 o f _ i BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121-49.2 912112021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Commissioners' Information Technology- Court-Non Capital Non Capital Departmental Suort 1025.00 Commissioners' Court-Non Capital County Jud -Non Capital DevartmentalSup ort 1025.00 Information Technology and County Judge Reallocation of fords to the appropriate department's account to purchase a replacement print for the DPS Clerk Coun :` ge'_EProval �xaF�"•,� ,.. ...: .F �-� ,zur°?Date:• err'`'� ;:•:'i Eor",Accbrmiin Pa o"ses'Onl rti .Rw ix., a a �. i�'s' :.dr,�,., €.•_a f� �t.�.>x&l a...:k ...Lix�...�. .'�'t ��..._����J,.T�3�w.:3a � a'f:`-s• ,..a.._ tk'�'�.:++Y#.,'Lw-+ �". i �"�� i^- �"") .�s`�—•r Kr FUND DIV ACCT DR1CR ACCOUNT NAME Increase Decrease 06000 14000006 60500000 CR Equipment&IT Enhancement 1,025.0 06000 10000006 60500000 DR E u'ment&IT Enhancement 1025.00 i FV0 73 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.2021-49.3 9/21/2021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Justice ofthe Peace,Pet#1 Repair and Maintenance 111.00 General Fund Justice ofthe Peace.Pet#1 Departmental Suort 111.00 Justice of the Peace,Pct#1 Reallocation of funds to the a ro riate department's account to purchase paper. i S 1 7 z r r `a`n}AoProv51 f a a a� ' �nnp Date .i. :x �:9116/2D21 ,FOINACCOIInI-^:PII-OSe$OIII mac.'..:?;, t.� !;i'�y� ;.'�.,: yrs '"J ro.r.'1 f16 t.YN' :,ar�lax. ,L y ! s' .+ r _7 �.a4.e.;%f{ }tis:. FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 24101100 65050000 CR Buildinp Maintenance 111.00 01000 24101100 60170000 DR Copier/Printer/Fax Supplies 111.00 mg. BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121-49.4 9/21/2021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Commissioners' Commissioned Court-Non Court-Non Capital Capital Repair and Maintenance 20.56 Commissioners' Court-Non Capital Tax Office-Non Capital Contractual Services 20.56 Commissloners'Court and Tax Office Reallocation offunds to the appropriate department's account to cover additional cost for renting equipment that was needed for the Surveillance Camera Refitsh CIP#21-549 at the Tax Office. IN � !''£::•`Y���!.e!i s ' X11' Y-�;.g 3 t£ �� entAppiovaMe =�J IM sl.6!2021 77 FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 06000 11000006 65055000 CR Surveillance and Security Maintenance 20.56 06000 13000006 71500000 DR Rental-Equipment 20.56 54-3 i BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121-49.5 912112021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Commissioners' Facilities Services-Non Court-Non Capital capital Repair and Maintenance 21,000.00 Commissioners' Sheriff Office:Jail-Non Court-Non Capital Capital Repair and Maintenance 21000.00 Facilities Services and Sheriff Offtee-3211 Reallocation of funds to the appropriate department's account to cover the cost ofreplacing the light poles throughout the Jail parldng lot CIP 921-60 'rtinenfApproval ,3xt .. Court ':luOgeAppibval, izr, % Date T 't� ?''! FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 06000 17000006 65400000 CR Grounds Maintenance 21 000.00 06000 26002006 65400000 DR Grounds Maintenance 21000.00 voi. pg ���. BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.20121-49.6 9/21/2021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Commissioners' Facilities Services-Non Court-Non Capital Capital Departmental Suort 776.80 Commissioners' Court-Non Capital SheriffOffice-Non Capital De ental upport 776.80 Facilities Services and Sheriff Ofilee Reallocation of fiords to the appropriate de artmenfs account to cover the extra cost to replace the air conditioner. Cff#21-591 _*11K y 90 ,,�+ �<.. N,� �` amu...:a..-��..'� ,.>,��T��• :c.�`3�i=ti 0:•.aYAecfiim'tl..-'.Pii" -sON.r�:r�"� Yi:!...�.E'.=7�� +3 e.-c :kr,.'."�= .�.ti>?l�i"i,., + %a „;� w; 'i7�9Px'.�u- ��',l a .'"r'�'F',ti °`_'w�#' .`*mss FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 06000 17000006 60500000 CR Equipment&IT Enhancements 776.80 06000 28000006 60500000 DR Equipment&IT Enhancements 776.80 Vol. pg. PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 09-21-2021 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 Commissioner's Court Aldrich, Steven Change of Status Berry, Nancy Change of Status Cauley, Irma Change of Status Ford, Russell Change of Status Constable, PCT 1 Reeves, Jeff Change of Status Constable, PCT 2 Lampo, Donald Change of Status Constable, PCT 4 Butler, Isaac Change of Status County Attorney Gray, Earl Change of Status County Clerk McQueen, Karen Change of Status County Court at Law#1 Matzke, Amanda Change of Status County Court at Law#2 Locke, James Change of Status County Judge Peters, Edgar Change of Status District Attorney Abraham, Renson Change of Status Baker, Brian Change of Status Burk Chelesea Change of Status Burns, Kristin Change of Status Calvert, Ryan Change of Status Capps, Kevin Change of Status V®Ie Pg 31 ! Carrizalez, Leticia Change of Status Carter, Melissa Change of Status Comte, Kara Change of Status Connick, Gretchen Change of Status Davenport, Tiffany Change of Status Davis, Tonika Change of Status Eades, Amy Change of Status Graves, Tiffany Change of Status Harris, Anjelica Change of Status Hays, Natalie Change of Status Hebert, Jennifer Change of Status Howell, Douglas Change of Status Lapp, Carrie Change of Status McClure, Cynthia Change of Status McLemore, Philip Change of Status Norsworthy, Jessica Change of Status Parsons, Jarvis Change of Status Price, Brian Change of Status Sikes, Kenneth Change of Status Thane, Dennis Change of Status Thomas, Tammy Change of Status Wood, Nathaniel Change of Status Woodward, James Change.of Status Wright, Darcie Change of Status Ybarra, Jacaline Change of Status Zimmerman, Steve Change of Status Fleet Service Chadwick, Ken Change of Status Martinez, Gonzalo Change of Status Information Technology Caldwell, Eric Change of Status Cook, Helen Change of Status Dainty, Courtney Change of Status Edmiston, Daniel Change of Status 2 Vol. P 2 1 ✓ . ...._ W Gilmore, Charley Change of Status Lansdown, Trevor Change of Status Medina, Ricardo Change of Status Pierson, Kathy Change of Status Rabalais, David Change of Status Roberts, Brandon Change of Status Stadler, Daniel Change of Status Villalpando, Christopher Change of Status Williams, Sean Change of Status Wolfe, Matthew Change of Status Justice of the Peace, PCT 1 Elliot, Kenny Change of Status Justice of the Peace, PCT 2 Nunn, Terrence Change of Status Justice of the Peace, PCT 3 Hill, Richard Change of Status Justice of the Peace, PCT 4 Vasquez, Celina Change of Status Juvenile Services Court Ricketson, Linda Change of Status Road and Bridge Arredondo, Amber Change of Status Quigg, Aaron Change of Status Sheriffs Administration Dicky, Carroll Change of Status Tax Office Radke, Tracy Change of Status Roe, Pgye Change of Status Approved in Commissioners' Court: 09-21- 21 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) - _ 3 Vol. pg. �' Personnel Change of Status (Sep 16,2021 Commissioners'Court Date: 09-21-2021 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Employment -1Ff I f�3ROartmehtlame` ployee Name Tax Assessor-Collector-Administration Eckols,Noel Fleet Shop-Light Equipment Garcia,Richard Tax Assessor-Collector-Administration Rangel,Alexandro -V Separations a -pip.a?anerffNa 0A Wogye Name"; j Facilities Services- Ramirez,Reuben Administration Tax Assessor-Collector- Smith,Shelley Administration Sheriff Office-]all Wilson,Aaron Administration Approved in Commissioners'Court:09-21-202 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) PJr-) g.