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HomeMy WebLinkAbout2021-10-05 10:00AM REGULAR MEETINGFILED FOR RECORD DATE AT.P' O'CLOCK KAREN MCQUEEN BB44ZOS COU.TY CLERK By BRAZOS COUNTY BRYAN; T EXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON OCTOBER 5, 2021 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Cauley 2. Call for Citizen input and/or concerns 3. Presentations and/or Discussions • Presentation and discussion of the American Rescue Plan Act by Traylor and Associates Incorporated. Consider and take action on agenda items: 4-25 4. Approval of the following Job Descriptions: • a. Administrative Secretary (County Agriculture Extension) 1040 (B7144) • b. Audio Video Technician - Information Technology (B 1235) • c. Special Project -Part Time -Administrator-American Rescue Plan Act (B0251) • d. Special Project Administrator - American Rescue Plan Act (B0250) • e. Supervisor I (Facilities Services) 2080 (B0706) 5. Approval to cancel the Regular Meeting for Commissioners Court on Tuesday, October 12, 2021 due to lack of a quorum. 6. Approval of Policy on De Minimis Employee Expendiures. 7. Request from the Information Technology Department to assign two MobileCOM licenses to the City of Bryan. 8. Approval of Section 2.14 Policy On Service Awards. vol, _. Pg. 18 9. Approval of renewal for Bid #22-070R Cutback Asphalts with Cleveland Asphalts Products, Inc. 10. Approval of the Workers' Compensation Renewal with Texas Association of Counties Risk Management Pool. 11. Approval of Amendment #5 to Service Agreement with TAMU Forensic Nursing Program and accept $10,000 in grant funds.. 12. Approval of Amendment #2 to 18-035 Index and Imaging Services with Kofile to add additional services. 13. Approval of Contract Renewal #22-027R & 22-028R Precinct #1 Constable and Justice of the Peace Office Leases with Southwood West. 14. Approval of Contract #22-067 for Medical Malpractice Insurance through Anco Insurance for the Brazos County Health and Wellness Clinic. 15. Approval of Ratification for 22-075 to Extend the Texas Workforce Commission and. Brazos County's Contract with Constable Precinct 1. 16. Approval of State Case Registry Cooperative Agreement between The Office of the Attorney General of the State of Texas and Brazos County, Texas. 17. Approval of the following Community Support Contracts for FY 2022. • a. Brazos County Rape Crisis Center Inc., dba Sexual Assault Resource Center • b. Brazos County Soil & Water Conservation District #450 • c. District Two Volunteer Fire Department, Inc. • d. Keep Brazos Beautiful, Inc. 18. Approval of the Memorandum of Understanding between Brazos County and St. Joseph Regional Health Center regarding COVI D-19 Regional Infusion Center. 19. Request for Tax Refunds for Ben and Eileen. Winkle for $247.43 per Texas Tax Code Section 33.011. 20. Tax Refund Applications for the following: Overpayments • a. SRA-Strategic Realty Advisors LLC - $6.82 • b. The Mule Barn Boutique - $17.57 • c. Fratris Clearleaf LLC - $540.10 21. Budget Amendments. • a. Budget Amendments FY 20/21 51.1 - 51.2 • b. Budget Amendments FY 21/22 1.1 -1.6 22. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms 23. Payment of Claims. 24. Convene into Executive Session pursuant to Texas Government Code §551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. 25. Consider and possible action on Executive Session. Vol. 34/ Pg. I &.3 26. Juvenile Director's report on detention population. 27. Sheriffs 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. 34t Pg. iqq 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 Artide V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. FILED FOR RECORD/ 9 DATE —�— AT q: 37 O'CLOCK f' M CQUr. x KAREN ,P1EEP BRAZOS COL) tib i Y CLERK BRAZOS COUNTY BRYAN, TEXAS NOTICE OF ADDENDUM BRAZOS COUNTY COMMISSIONERS COURT In addition to the Regular Meeting, the Commissioners Court will consider and take action on the following items(s) MEETING October 5, 2021 DATE: MEETING 10:00 AM TIME: MEETING Commissioners Courtroom of the County Administration Building, 200 South PLACE: Texas Ave., Suite 106, Bryan, TX 77803 1. Order 21-012 adopting guidelines for persons submitting specific redistricting proposals 2. Order 21-013 Adopting Criteria for use in 2021 Redistricting Process The Commissioners Courtroom of the CountyAdministration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. voL MINUTES OCTOBER 5, 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, October 5, 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 • U.S. and Texas Flag - Commissioner Cauley 2. Call for Citizen input and/or concerns Rudy Shultz, Republican Party Precinct 27 Chairman asked that the Court consider splitting that Precinct into two due to the immense growth in that area during the redistricting process. 3. Presentations and/or Discussions • Presentation and discussion of the American Rescue Plan Act by Traylor and Associates Incorporated. Gary Traylor gave a brief summary on the fiscal funds under the American Rescue Plan and then introduced his associates who would be presenting. Mark Taylor, Vice President of Traylor and Associates first explained the multiple names given to the American Recue Plan, then discussed the eligible expenditure categories under the Plan, specifically Revenue Loss. Melinda Smith, Disaster Recovery Specialist, expanded on the public health and economic impacts used to assess if a program meets the criteria for accessing the funds. Wesley Traylor, Project Manager, gave specifics on the use of the funds for broadband internet and stormwater drainage. Melinda Smith added that the County is encouraged to use the funds for providing broadband intemet to the underserved citizens. Commissioner Ford questioned what project constitutes use of the funds for stormwater drainage. To which, Ms. Smith responded that the funds may only be used on projects that are compliant with the Clean Water Act. Commissioner Aldrich had questions regarding the distinction of what classifies revenue loss and whether the County should consider trends in future revenue loss before allocating the funds. Mr. Taylor explained that the two areas the County may not allocate the funds to are to put into a pension or to pay off a law suit debt. He also clarified that although it's ultimately at the discretion of the County, he would advise looking at future trends to make sure the County can continue meeting necessary obligations. Consider and take action on agenda items: 4-25 4. Approval of the following Job Descriptions: • a. Administrative Secretary (County Agriculture Extension) 1040 (B7144) • b. Audio Video Technician - Information Technology (B 1235) • c. Special Project -Part Time - Administrator - American Rescue Plan Act (B0251) • d. Special Project Administrator -American Rescue Plan Act (B0250) • e. Supervisor I (Facilities Services) 2080 (B0706) 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. 5. Approval to cancel the Regular Meeting for Commissioners Court on Tuesday, October 12, 2021 due to lack of a quorum. It was determined that a quorum will be present on October 12, 2021 and that no action is needed on this item. Court will proceed as normal on the aforementioned date. 6. Approval of Policy on De Minimis Employee Expendiures. A copy of the Policy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 7. Request from the Information Technology Department to assign two MobileCOM licenses to the City of Bryan. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 8. Approval of Section 2.14 Policy On Service Awards. A copy of the Policy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 9. Approval of renewal for Bid #22-070R Cutback Asphalts with Cleveland Asphalts Products, Inc. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 10. Approval of the Workers' Compensation Renewal with Texas Association of Counties Risk Management Pool. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 11. Approval of Amendment #5 to Service Agreement with TAMU Forensic Nursing Program and accept $10,000 in grant funds. A copy of the grant application and amended 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. 12. Approval of Amendment #2 to 18-035 Index and Imaging Services with Kofile to add additional services. A copy of the amended 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. 13. Approval of Contract Renewal #22-027R & 22-028R Precinct #1 Constable and Justice of the Peace Office Leases with Southwood West. A copy of the renewal of contract is attached. IVoL 31-11 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 14. Approval of Contract #22-067 for Medical Malpractice Insurance through Anco Insurance for the Brazos County Health and Wellness Clinic. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 15. Approval of Ratification for 22-075 to Extend the Texas Workforce Commission and Brazos County's Contract with Constable Precinct 1. A copy of the extended contract is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 16. Approval of State Case Registry Cooperative Agreement between The Office of the Attorney General of the State of Texas and Brazos County, Texas. A copy of the Agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 17. Approval of the following Community Support Contracts for FY 2022. • a. Brazos County Rape Crisis Center Inc., dba Sexual Assault Resource Center • b. Brazos County Soil & Water Conservation District #450 • c. District Two Volunteer Fire Department, Inc. • d. Keep Brazos Beautiful, Inc. A copy of the Community Support Contracts is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 18. Approval of the Memorandum of Understanding between Brazos County and St. Joseph Regional Health Center regarding COVI D-19 Regional Infusion Center. Judge Peters informed the public that the COVI D-19 Antibody Infusion Center is now open to serve the citizens of Brazos County. He encouraged everyone in need of treatment to consider this option and to discuss this option with their doctor, as it was instrumental in helping Judge Peters to overcome COVID-19. Commissioner Aldrich feels that this is an important addition to the next phase of our community fighting this pandemic. Barbara Smith, Public Communications Officer added that all information can be found on the Brazos County website. Commissioner Cauley was concerned that not all members of the community may be aware due to a lack of computer access. Ms. Smith stated that she would work on getting the information out by other means. OFaI. � Pg.-147.6— A copy of the Memorandum of Understanding is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 19. Request for Tax Refunds for Ben and Eileen Winkle for $247.43 per Texas Tax Code Section 33.011. 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. SRA-Strategic Realty Advisors LLC -$6.82 • b. The Mule Barn Boutique - $17.57 • c. Fratris Clearleaf LLC - $540.10 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 21. Budget Amendments. • a. Budget Amendments FY 20/21 51.1 - 51.2 51.1 Reallocate funds for Community Supervision. 51.2 Reallocate funds for Court Support. • b. Budget Amendments FY 21/22 1.1 -1.6 1.1 Transfer funds from Facilities Services to Tax Office and Sheriff's Office - Jail. 1.2 Transfer funds from General Fund to Treasurer. 1.3 Transfer funds from General Fund to Non Capital and Sheriff's Office - Jail. 1.4 Transfer funds from General Fund to County Specialty Court Program. 1.5 Transfer funds from Capital Fund to Exposition Complex. 1.6 Reallocate funds for Road and Bridge. 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 VoL. cWf Pg. l c1 i 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. ADDENDUM At this point the County Judge deviated from the agenda and considered items on an Addendum to the Agenda. A copy of the Order is attached. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. A copy of the Order is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 23. Payment of Claims. Claims 8110449-8110608 9003171-9003231 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 24. Convene into Executive Session pursuant to Texas Government Code §551.071 to consult with attorney about pending or contemplated litigation and/or a settlement offer. At this point, the County Judge announced the Court would consider items 26 through 29 and then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:35 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to Section 551.071 as stated above. The following individuals were asked to stay for the session: Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, Civil Counsel Katie Conner, Auditor Charles Wendt, Purchasing Agent Irene Jett, Budget Officer 25. Consider and possible action on Executive Session. At 11:19 a.m. the County Judge announced the meeting open to the public and vo'. 341 Pg. I qa announced that no action would be taken on the Closed Executive Session. 26. Juvenile Director's report on detention population. Judge Peters read the Juvenile report provided by Juvenile Director Linda Ricketson. There are 30 juveniles in the detention center, 21 are male and 9 are female, and 20 have electronic monitors. There are 7 youth in isolation as per medical protocol for new intakes. 27. Sheriff's report on inmate population. Sheriff Wayne Dicky stated there were 608 inmates in jail, 524 inmates are male and 84 are female, 36 have electronic monitors and 4 are pending for processing. There are 34 inmates positive for COVI D-19 and 284 inmates are in quarantine. There are10 staff members out per COVI D-19 medical protocol. 28. Announcement of interest items and possible future agenda topics. Bruce Erratt, General Counsel for Brazos County gave the phone number for citizens to call and make an appointment with the COVI D-19 Antibody Infusion Center, the number is 979-731-5229. Barbara Smith, Public Communications Officer added that all information related to the Infusion Center can be found online at the Brazos County website. 29. Call for Citizen input and/or concerns 30. Adjourn. The foregoing minutes of the Commissioners Court Meeting held October 5, 2021 have been examined and are approved in open Court this 9th day of November 2021, in Bryan, Brazos C • unt , Texas . Duane Peters County Judge Russ Ford Commissioner, Precinct 2 464 Irma Cauley Commissioner, Precinct 4 Attest: Steve Aldrich Commissioner, Precinct 1 Nancy Berry Commissioner, Precinct 3 voL. 4. ___.. Pg. IG4 NgLo= .3 (-M4' BRAZOS COUNTY. COMMIS SIO R' S COURT __:-ALDAY OF 10(5,6_,,, > 20 a i blat 60 Ami= Name (PLEASE PR�TT) Organization (PLEA. E PRLN'i') 0/L\V 1 or Tra line-44CS-6044c 6-6q .W)ti9 lar Vim • .t-We1kt 7C (MS n� co Tkd Vol. 341r Pg. 1C15. Pg of 3 BRAZOS S COUNTY COMMISSIONER'S COURT /DAY OF 20.9q /6! 0 AM/9*k Name (PLEASE PRINT) I" •` Pc v' pl "V C)11/C1 S -ca- 017 Valithr, Cditut /941»-2,0 01.E KewI\ StL /1 I)piij S Organization (PLEASE PRLN'!') C. $ Q n 13C/ Puutrat.oitil-- Puraut-91._ /,/6 voo. 311 Pg. RLQ of BRAZOS COUNTY. COMI .S SIOI R' S COURT (..--tic-DAY OF 69:OO Am/mt., Name (P ASE PRINT) p 4v8VAttitl, titut-49, iatta Te-rreoz.e. Af ca (M dF QA\QI-i NT-4'Ln Organization (PLEASE PRLN'1) fr7Lj (11 i-for Owin - o Oityylnq !I, BRAZOS COUNTY, TEXAS October 5, 2021 BRAZOS COUNTY ARPA PROGRAM INF0RMATIO Vol. 3L/f Pg. Iq$ TRAYLOR & ASSOCIATES Company and Personnel Mark Taylor Gary R. Traylor President & CEO Pg_13.9_ Traylor ASSOCIATES j. 0 0 "7", Wesley Traylor AMERICAN RESCUE PLAN ACT (ARPORARPA) Administered by U.S. Department of Treasury Allocation: $44,454/061:97 County has received 5o% of allocation. Remainder ofallocation is expected in August 2022 ELIGIBLE EXPENDITURE CATEGORIES ➢REVENUE LOSS PUBLIC HEALTH AND ECONOMIC IMPACTS INVESTMENTS IN INFRASTRUCTURE REVENUE LOSS • Losses may be captured during FY 2020, 2021, 2022, 2023 e • Revenue reduction is measured relative to the revenue collected in the most recent full fiscal year priorto the emergency Allows recipients facing budget shortfalls to use payments to avoid cuts to governmental services • Revenue loss calculation is based on general revenue which does not include public utilities PUBLIC HEALTH AND ECONOMIC IMPACTS Assessing whether a program or service "responds to" the COVID-19 public health emergency requires the recipient to: 1.) Identify a need or negative impact of the COVID-19 public health emergency; and 2),Identify,how the program, service, or other intervention addresses the identified need or impact: INVESTMENTS IN INFRASTRUCTURE Allows for a broad range of necessary investments in projects that improve access to clean.drinking water, improve wastewater and stormwater infrastructure systems, and provide access to high -quality broadband service. Broadband projects should provide high speed, reliable service to unserved and underserved households and businesses. Storm water drainage should be designed to incorporate water quality benefits consistent with the goals of the Clean Water Act (not all drainage activities will qualify as stormwater) Water -related improvements, e.g., treatment plant, lines, etc. must be an eligible project under the EPA's Clean Water State Revolving Fund o_ r Drinking Water State Revolving Fund Sewer -related improvements, e.g., treatment plant, lines, etc. must be an eligible project. under the EPA's Clean Water State Revolving Fund or Drinking Water State Revolving Fund Vol. -3 1 Pg. .04-4 TIMELINE FOR FUNDS Costs must have been incurred beginning March 3, 2021 and must be obligated no later than December 31,2024 - The County doesn't have to have spent the initial so% distribution to receive the remaining so% ���. _ 3�.1 Pg ,cos vol,, 34 ( Pg. -O Brazos County Job Description Last Updated: September 2021 Template Revision 1.2 (18/1512012 Class Number: B7144 Title: Administrative Secretary - Part Time 1040 hrs Grade 11 Department: Extension Agency FLSA Status: Non Exempt Reports To: County Coordinator Approved Date: EEOC Category: Office and Clerical General Summary: General administrative duties Essential Duties: Prepare invoices, reports, memos, letters, financial statements and other documents, using word processing, spreadsheet, database, or presentation software, Answer phone calls and direct calls to appropriate parties or take messages, Attend meetings to record minutes, Greet visitors and determine whether they should be given access to specific individuals, Read and analyze incoming memos, submissions, and reports to determine their significance and plan their distribution, Perform general office duties, such as maintaining records management database systems, File and retrieve extension documents, records, and reports, Open, sort, and distribute incoming correspondence, including faxes and email Other Duties as assigned. Supervision Received: Reports to the County Coordinator and the FCH Agent. Given: None. Education Required: High school Diploma Preferred: 5 years work experience in a related environment Experience Required: Computer proficiency, strong customer service ethic, effective communication skills Preferred: Demonstrated professional & technical competencies in related areas Certificates, Licenses, Registrations APPR Required: None. s Preferred: — l County Judge Physical Demands Typical: Light -sitting, standing, lifting up to 20 pounds. Knowledge, Skills, & Abilities Typical: Must read, write and speak English fluently. Bilingual(Spanish) a plus, must work well in a group environment V 0711_ 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. [VOL. 3y l Pg. - Brazos County Job Description Last Updated: September 2021 Template Revision 1.2 08/1512012 Class Number: B1235 Title: Audio Video Technician Grade: 22 Department: Information Technology FLSA Status: Exempt Reports To: Senior Audio Video Specialist Approved Date: EEOC Category: Professionals General Summary: At the direction of the Senior Audio / Video Specialist, installs, tests, maintains and troubleshoots network cabling systems, IP camera systems, access control systems, audio/visual control systems, patrol video systems, and other equipment as required Essential Duties: Will install, integrate, operate, monitor, adjust, repair and maintain audio, video, and presentation equipment to regulate audio quality and ensure quality video capture and playback; calibrate equipment to specified performance levels; monitor and optimize video storage space usage, and assist departments to develop and adhere to appropriate retention schedules; assist departments with video processing and preparation for presentation or playback assist with the, setup, and programming of LED, flat panel, and other digital signage displays; assist with video on conferencing systems, webcams. Correctly install, terminate, test, and troubleshoot Category 6 copper cables. Assist Network Administrators with network maintenance and with configuration/deployment of equipment. Systems supported include Crestron DM and NVX; Zoom; Microsoft Teams; QSC Audio; Samsung Displays; Panasonic Projectors; OnSSI; IdentivNelocity; and Axon. Will be on -call and some weekend/holiday work may be required. Other Duties as assigned. Supervision Received: General instruction, task assignment and prioritization, and periodic employee performance evaluations. Given: This is a non -supervisory position. Education Required: BA or BS in Computer Science, Comp Engr., MIS or related field or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: MS in Computer Engineering, Computer Science, MIS, or related field. Experience Required: Two years of experience in integration, operation, and support of audio/video systems. Preferred: - Five years of experience in integration, operation, support of audio/video systems, and a general understanding of networking. APP Certificates, Licenses, Registrations Required: None )0//,( Preferred: BICSI Installer 1 Certification; CTS -I bane eters Cnnnt , Tns1..e Date 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 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. Voi. 3'4 Pg. a09 Knowledge, Skills, & Abilities Typical: Must be able to: differentiate colors, work well with others, multi -task, complete tasks unsupervised, basic pc/network use. 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. vol. ,3(41 Pg _a Brazos County Job Description Last Updated: 9/28/2021 Template Revision 1.2 08/1512012 Class Number: B0250 Title: Special Project Administrator — American Rescue Plan Act Grade: 24 Department: County Judge FLSA Status: Exempt Reports To: Chief of Staff Approved Date: EEOC Category: Officials and Administrators General Summary: This individual will support the county in leveraging all funding opportunities associated with ARPA (American Rescue Plan Act). Primary responsibilities include facilitating engagement, cooperation, and decision -making with diverse internal and external stakeholders; acting as a county liaison with state, federal and local agencies, or organizations; and coordinating a broad range of programs, projects, and services as authorized under the federal legislation. Will help manage other grant awarded to the county and help research other grant opportunities. Essential Duties: • Manage and coordinate stakeholder engagement opportunities, identifying and aligning resources across agencies, to increase linkages across programs, projects, and services, and to leverage funding in an effort to maximize impact and make a visible difference in our community collectively. • Support program, project, and service implementation, engaging all stakeholders to create a vision and action plan to bring about revitalization and growth. • Lead ARPA-funded program, project, and service initiatives as a part of the county's relief efforts under the direction of the board of supervisors, in collaboration with the chief executive officer, chief operating officer and other key stakeholders. • Plan and direct program, project, and service activities, and oversee program staff, ensuring that the operational objectives of the project and programs it supports are effectively met and that operations remain within compliance. • Provide program, project, and service management support, specifically interpreting and applying programmatic requirements established by federal legislation and informing and guiding stakeholder compliance with all applicable rules, regulations, etc., governing each funding source / grant. • Cultivate a strong, collaborative working relationship with stakeholders. • Ensure transparency and regular communication with stakeholders In all key project management areas. • Inform stakeholders of progress and challenges related to achieving objectives. • Monitor program budgets with effective utilization of the organization's finances, assets, and human capital. Other Duties as assigned. Supervision Received: From Chief of Staff Given: Education Duane Peters Date Required: County Judge Preferred: Vol. 3L) Pg. a I f Experience Required: Five (5) years of experience in grant management, research analysis and/or strategic planning in a government agency, or closely related activities that must include working in one or more of the following areas: public/private partnerships, large-scale recovery efforts, large-scale program or project management in revitalization, resiliency, etc. Preferred: Certificates, Licenses, Registrations Required: 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; and talk and hear. The employee must frequently stand and walk. The employee must frequently 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, distance vision, peripheral vision, depth perception, color vision, and ability to adjust 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 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. : ; _,i ', • ����0 3L I Pg021 ._-- Brazos County Job Description Last Updated: 9/28/2021 Template Revision 1.2 0 811 51201 2 Class Number: B0251 Title: Special Project - Part Time - Administrator - American Rescue Plan Act Grade: 24 Department: County Judge FLSA Status: Exempt Reports To: Chief of Staff Approved Date: EEOC Category: Officials and Administrators General Summary: This individual will support the county in leveraging all funding opportunities associated with ARPA (American Rescue Plan Act). Primary responsibilities include facilitating engagement, cooperation, and decision -making with diverse internal and external stakeholders; acting as a county liaison with state, federal and local agencies, or organizations; and coordinating a broad range of programs, projects, and services as authorized under the federal legislation. Will help manage other grant awarded to the county and help research other grant opportunities. Essential Duties: • Manage and coordinate stakeholder engagement opportunities, identifying and aligning resources across agencies, to increase linkages across programs, projects, and services, and to leverage funding in an effort to maximize impact and make a visible difference in our community collectively. • Support program, project, and service implementation, engaging all stakeholders to create a vision and action plan to bring about revitalization and growth. • Lead ARPA-funded program, project, and service initiatives as a part of the county's relief efforts under the direction of the board of supervisors, in collaboration with the chief executive officer, chief operating officer and other key stakeholders. • Plan and direct program, project, and service activities, and oversee program staff, ensuring that the operational objectives of the project and programs it supports are effectively met and that operations remain within compliance. • Provide program, project, and service management support, specifically interpreting and applying programmatic requirements established by federal legislation and informing and guiding stakeholder compliance with all applicable rules, regulations, etc., governing each funding source / grant. • Cultivate a strong, collaborative working relationship with stakeholders. • Ensure transparency and regular communication with stakeholders in all key project management areas. • Inform stakeholders of progress and challenges related to achieving objectives. • Monitor program budgets with effective utilization of the organization's finances, assets, and human capital. Other Duties as assigned. Supervision APP Received: From Chief of Staff Given: °A -hi Education Required: Wane Peters County Judgc Date Vol.. 31 I Pg. L3 Preferred: Experience Required: Five (5) years of experience in grant management, research analysis and/or strategic planning in a government agency, or closely related activities that must include working in one or more of the following areas: public/private partnerships, large-scale recovery efforts, large-scale program or project management in revitalization, resiliency, etc. Preferred: Certificates, Licenses, Registrations Required: 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; and talk and hear. The employee must frequently stand and walk. The employee must frequently 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, distance vision, peripheral vision, depth perception, color vision, and ability to adjust 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 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. 341 Brazos County Job Description Last Updated: September 2021 Template Revision 1.2 OEM 512012 Class Number: B0706 Title: Supervisor I Grade: 12 Department: Facilities Services — Administration FLSA Status: Nonexempt Reports To: Director, Building Maintenance Approved Date: EEOC Category: Service -Maintenance General Summary: Performs and monitors daily custodial and maintenance of the County Courthouse, Tax Office, Health Department, Annex, and the Building Maintenance Office of the Constable, Precinct 4; supervises crew of Janitors/Custodians, including assigning and reviewing work, conducting performance reviews, and recommending personnel actions. Essential Duties: Other duties may be assigned. Supervises crew of Janitors/Custodians, including assigning and reviewing work, conducting performance reviews, and recommending personnel actions; Monitors the safety and productivity of the work crew; Ensures appropriate supply of supplies and equipment; Cleans the Maintenance Building office; and Performs various public information and security functions including monitoring traffic in and out of buildings; directing visitors to the appropriate county office and location; ensuring that employees leave the buildings safely; and locking the buildings. Other Duties as assigned. Supervision Received: Director of Facilities Services Given: Supervises crew of Janitors/Custodians, including assigning and reviewing work, conducting performance reviews, and recommending personnel actions Education Required: High school graduation or its equivalent, plus at least four years of experience; or Preferred: Experience Required: Any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: Certificates, Licenses, Registrations Required: None. . Preferred: Date • Duane Peters 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 stand; use hands to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee must frequently bend, stoop, squat, lie down, and walk. The employee must frequently lift and/or move objects weighing up to 50 pounds, such as tools and equipment. Specific vision abilities required by this job include close vision and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Safe operation of custodial equipment; supervisory management skills, personnel procedures and policies, and purchasing procedures and 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 usually moderate. The employee is constantly required to work closely with others as a part of a team. • BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 10/5/2021 ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name De Minimis Employee E penditures.pdf Approval of Policy on De Minimis Employee Expendiures. Commissioners Court 09/30/2021 False False $0.00 Description De Minimis Employee Expenditures Duane Peters County Judge IYp Backup Material Date Vol. 34-1 i Pg. 217 De Minimis Employee Expenditures Brazos County Commissioners Court considers its employees to be of one of the most important assets it has in the accomplishing its Public Purpose of providing a broad range of services to the citizens of Brazos County. In furtherance of this Public Purpose, the Brazos County Commissioners Court believes that it is important maintain the morale of its employees which will help maintain and/or increase productivity. Therefore, after careful consideration of the Texas Constitution, Texas Penal Code and the law of De Minimis Gifts, the Brazos County Commissioners Court approves providing its employees with the following items as listed below, subject to but not limited to the included terms and conditions. 1. All purchased items must not to exceed a value of Fifty dollars ($50.00) per employee per occasion and a total value annually of not more than One Hundred and Fifty Dollars ($150.00) per employee per year. 2. The County will not bear any ancillary costs such as sales tax or gratuities. 3. Food in the form of prepackaged snacks and drinks (including coffee) to be supplied during new hire orientation. 4. Food in the form of prepackaged snacks, drinks (including coffee), pastries, fruit during County trainings of at least three (3) hours that include two (2) or more departments and/or offices. 5. Lunch may be provided for trainings and/or orientation in excess of five (5) hours that include two (2) or more departments and/or offices. 6. Purchases of non-food and drink items may be made and disseminated to employees during the trainings if appropriate. 7. Any training or activity that is conducted where items are provided to employees, must include a completed sign -in sheet that contains the names, signatures department and contact phone number of each employee in attendance. At the conclusion of the training that sign -in sheet must be forwarded to the Brazos County Auditor's Office within Seventy -Two (72) hours. 8. Merchandise to be provided as annual service awards to employees. 9. Lunch provided to all employees at an Annual Employee Appreciation Luncheon. voe. 2 LH 10. Cups, plates and other utensils used for eating, serving or preparing when appropriate. 11. Nominal Merchandise and snack purchases to be provided to employees at the Health and Safety Expo and Benefits Fairs. 12. Alcoholic Drinks are specifically excluded from this policy. This policy can me modified or amended at any time. Any abuse of this policy could result in criminal violations and/or tax consequences and could result in disciplinary action up to and including termination. vol. sag L Pg._.0) G DocuSign Envelope ID: E9D436A9-406E-4081-A7F6-D21800853A42 CONSENT TO ASSIGNMENT OF SOFTWARE LICENSES This Consent to Assignment of Software Licenses ("Consent") is entered into between TriTech Software Systems, a CentralSquare Technologies, LLC company, as successor in interest to Tiburon ("TriTech"), Brazos County, TX ("Assignor"), and City of Bryan, TX ("Assignee"). 1. CentralSquare and Assignor entered into a Fully Executed Quote ("QUO-8774- 7WWK0") for the purchase of certain CentralSquare public safety software applications ("MobileCom Licenses"), dated July 23rd, 2020. 2. Subsequent to Assignor's initial purchase of these software licenses, Assignor desires to assign the software licenses listed in Attachment A ("Software Licenses to Be Assigned"), including without limitation all of the license rights, title, interest and duties thereunder, to Assignee. Following the assignment of these licenses, Assignee will be responsible for all annual software maintenance and support fees. 3. In consideration of and subject to the conditions set forth below, CentralSquare hereby consents to such assignment, to be effective upon the date this Consent is signed by all parties below. This Consent may be signed in counterparts. 4. Assignee hereby accepts such assignment and agrees that these software licenses will be added to and governed by the System Implementation Agreement P1255 dated on April 1st, 2004. - SIGNATURE PAGE FOLLOWS - Consent to Assignment Unpublished: Rights reserved under the copyright laws of the United States Page 1 of 3 1 vol. 3-11 DocuSign Envelope ID: E9D436A9-406E-4081-A7F6-D2180C853A42 Accepted By (Signature) Du.cune Printed Name (AUUI c[& Title TRITECH SOFTWARE SYSTEMS r—DocuSiggned by: ValA. 1 �l lAdl�I t4I 4tZs a4ru AccepteTy (Signature) Dan Maier Printed Name CR0 Title 10/11/2021 Date Date CITY OF BRYAN, TX ASSIGNEE aft. F, aistuf 15Q Accepted By (Signature) Kean Register Printed Name City Manager Title 10/9/2021 Date Consent to Assignment Unpublished: Rights reserved under the copyright laws of the United States Page 2 of 3 Vole (3 4) Pg. Rai__ DocuSign Envelope ID: E9D436A9-406E-4081-A7F6-D21800853A42 ATTACHMENT A - SOFTWARE LICENSES TO BE ASSIGNED License Description/Type Quantity MobileCOM Production Client License, per Seat 2 Maverick Mobile Mapping Client License, per Seat 2 Consent to Assignment Unpublished: Rights reserved under the copyright laws of the United States Page 3 of 3 Vol. Pgo aa BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 10/5/2021 ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name Updated Service Award Policy_ - October 2021.pdf Approval of Section 2.14 Policy On Service Awards. Commissioners Court 09/29/2021 False False $0.00 Description Policy Duane Peters County Judge Up e. Material Date Vol. Pg. a2 2.14 POLICY ON SERVICE AWARDS Brazos County ("County") recognizes the importance of the contributions of loyal and committed staff to the continuing success of the County. In appreciation of this dedicated service, Brazos County recognizes employees as they reach annual milestone anniversaries of employment. 2.14.1 ELIGIBILITY: Full-time and part-time active employees become eligible for a service award when they meet their anniversary date. The awards that are available for employees to choose from vary based upon years of service. 2.14.2 PROCEDURE: Human Resources will send out notification to the employee the month following their anniversary date. The employee will have 90 days to come by Human Resources to pick out their service award from an array of awards. vol. 'vim fig. aa�_. REQUEST FOR BID BID NO. 19-028 CUTBACK ASPHALTS SEALED BIDS TO BE SUBMITTED BEFORE: Tuesday, September 25, 2018 TO THE: BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 Phone: (979) 361-4290 Fax: (979) 361-4293 Vendors, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this solicitation from the issuing date of. the solicitation until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award of the Bid. Any such contact will be grounds for rejection of the vendor's bid. In compliance with this solicitation, the undersigned bidder having examined the solicitation and specifications and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material and/or services listed on the attached Bid form and agrees to deliver said items at the locations and for the prices set forth on the Bid form. Company Name: Cleveland Asphalt Products, INC. By (Print): Clayton Moore Title: Sales Rep Physical Address: 100 Asphalt Lane, Shepherd, Texas 77371 Mailing Address: PO Box 1449, Shepherd. Texas 77371 Telephone: 800-334-0177 Fax: 936-628-6602 E -Mail: ccmcapco@msn.com VoLo 3Lit Pg._a5 Bid Request No. 19-028 Page 2 of 13 Bids will be received at the Brazos County Administration Building, Purchasing Department, 200 South Texas Ave Suite 352, Bryan, Texas until 2:00 p.m., Tuesday, September 25, 2018 at which time bids will be publicly opened and read aloud. A. SCOPE OF BID Bids are solicited for furnishing the merchandise, supplies, service, and/or equipment set forth in this bid request for a one (1) year period beginning December 1, 2018 throuizh November 301 2019 in accordance with the following Conditions of Bidding. B. CONDITIONS OF BIDDING The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this bid request. All bidders are required to be informed of these Terms and Conditions and will be held responsible for having done so: 1. Definitions: In order to simplify the language throughout this bid, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b.' COMMISSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. c. CONTRACT - An agreement between the County and a Supplier to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Bidder(s) of this bid request. e. COUNTY - The government of Brazos County, Texas and its authorized representative. f. SUB -CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this bid request. g. SUPPLIER - Same as Contractor. 2. Upon acceptance and approval by the Commissioners' Court, this bid effects a working contract between Brazos County and the successful bidder for the period designated. 3. Bids must be received by the Purchasing Office prior to the time and date specified. The mere fact that the bid was dispatched will not be considered; the bidder must have the bid actually delivered. 4. The County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. 5. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential bidder. Only written specifications and written price quotations will be considered. Vol. 34-1 Bid Request No. 19-028 Page 3 of 13 6. Brazos County reserves the right to reject any bid that does not fully respond to each specified item. 7. Bidder must include Tax Identification Number for the bid to be valid. 8. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. This contract is nontransferable and may not be reassigned by either party. 9. The County may cancel this contract at any time for any reason, provided a thirty - day written notice is given. 10. The bid award shall be based on, but not necessarily limited to, the following factors: a. Unit price b. Extended price c. Special needs and requirements of Brazos County d. Results of testing samples (if required by Brazos County) e. Delivery f. References g. Brazos County's experience with products bid h. Vendor's past performance record with Brazos County. 11. Although the cost of products to be provided is an essential part of the Bid, Brazos County is not obligated to award a contract on the sole basis of cost but will award to vendor considered to be the best value to Brazos County. 12. Acceptance of merchandise, work, and/or equipment provided shall be made by the County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 13. Title and risk of loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. 14. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement, when applicable. 15. Bids must be submitted on quantities and units of measure specified by the bid documents. In the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. Vo34\ Pg. Bid Request No. 19-028 Page 4 of 13 16. Bids must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be considered reason enough to cause the bid to be disregarded. Delivery time quoted will be given consideration in awarding orders. If delivery is not made within a reasonable time of the specified delivery in the bid, the entire order or contract may be canceled, and the bidder barred from quoting in future bids. 17. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. 18. Bids must be submitted on this form and returned in a sealed envelope clearly marked with Vendor Name and Bid Number to ensure proper recognition upon its arrival. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed. Bids received after the expressed date and time listed in this bid will be rejected or returned unopened to the vendor. Bids submitted by any other person or department other than the Brazos County Purchasing Department will not be accepted. 19. It is the Bidder's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to . include full firm name, mailing address, telephone number, email address, Vendor Tax Identification number and signed by an authorized representative of the firm. Failure to provide signature on the Certification of Bid Form renders bid non -responsive. Failure to complete the submission of all required forms, including but not limited to the Reference Page, House Bill 89 & Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the bidder agrees to comply with BB 1295, Government Code 2252.908. Bidder agrees to provide Brazos County the "Certificate of Interested Parties, "Form 1295 as required, pending award, renewal, amended or extended contract. Visit _ https://ethics.state.tx.us/whatsnew/elf info_ form1295.htm for more information. 20. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. 21. It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets will be posted on the Brazos Valley Online Bidding System (www.brazosbid.cstx.gov) after bid award by Commissioner's Court. 22. Brazos County reserves the right to extend this contract annually for a maximum of three (3) additional one (1) year periods with no changes in the terms or conditions of this contract, if agreed upon by both parties. VoL 34-11 Pg. 22.(23 L Bid Request No. 19-028 Page 5 of 13 23. The successful offeror agrees to extend prices and terms to all entities that has entered or will enter into joint purchasing inter -local cooperation agreement(s) with Brazos County. 24. Three (3) references are to be provided by bidder. Failure to submit references may result in disqualification of bid. Brazos County department references will not be accepted. 25. Contractor shall observe and comply with all federal, state and local laws, safety, and health regulations, ordinances, and all regulations which in any manner effect conduct of the work or services being performed. 26. Any Subcontracting must be approved prior to commencement of the contract by Brazos County. 27. Any variation from the specifications in this bid document must be indicated on the bid or on a separate attachment to the bid and labeled as such. 28. Any brand name, or manufacturer's reference used is considered to be descriptive — not restrictive — and is indicative of the type and quality the County desires to purchase. Bids on similar items of like quality will be considered only if it is noted in the bid documents and accompanied by fully descriptive product literature. All substitutions will contain the same active ingredients in the same percentages of the items listed in the bid. If notation of substitution in not made, it is assumed the vendor is bidding the item specified. 29. The County does not guarantee to purchase any minimum or maximum quantities. If any quantities are listed in the bid, they are estimated quantities used for calculating purposes only. 30. In the event the Supplier is unable to furnish any item within a reasonable time after order is placed due • to strikes, war or any reason beyond the Supplier's control, the County reserves the right to purchase these items from any source, without causing this contract to be canceled. 31. The successful vendor. should submit itemized invoices with clearly marked remittance copies to the following address; ATTN: Auditors 200 South Texas Ave, Suite 218 Bryan, TX 77803 Statements of accounts will not be sufficient to warrant payment. Unless other arrangements have been made; all invoices to be paid in full within 30 days after satisfactory delivery of commodities and or services and receipt of invoice at the listed address. Checks will be made payable to the successful vendor only, and shall not include sub -contractors, assignees, or any other party. vol. 34 Bid Request No. 19-028 Page 6 of 13 32. As a governmental subdivision, Brazos County is exempt from most types of taxes, including but not limited to sales tax, excise tax, and import duties. Such costs must not be included in bid prices. Tax Exemption Certificates can be obtained upon request from County. 33. Upon award of contract for any commodity or materials purchased by Brazos County, the vendor agrees to protect the county from any claim involving patent right infringement, copyright infringement, sales franchise disputes. 34. Unless otherwise specified, all items ordered from the successful vendor must be new, unused, and in first class condition. Products usually packaged for commercial sale shall be furnished in proper container so as to facilitate storage and handling. 35. Potential Vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. 36. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. C. SPECIAL PROVISIONS 1. All deliveries are to be made F.O.B. Brazos County Road and Bridge Department, during regular working days, and between the hours of 7:30 A.M. and 5:00 P.M. Monday through Thursday, unless otherwise requested by the County and loaded into County trucks by the Supplier; or loaded, hauled and delivered anywhere in the County by the Supplier during the mentioned working days and hours. 2. Vendor will be required to notify the County Engineer's Office in the event of unforeseen delay arising in the delivery of a specified shipment. In the event a shipment will not arrive at the job site within two (2) hours of designated time Brazos County shall have the right to refuse acceptance of the order. 3. Vendor will be required to deliver to Brazos County Road and Bridge Department or job site in Brazos County when and where requested and remain on the job with truck and operator as long as required to completely place load. 4. Brazos County reserves the right to test any materials delivered at the requested site for compliance with specifications. The Bidder will remove immediately from the job site or right of way any materials that are deemed unsatisfactory. Arno. _ 31.1—. gig.,2a0— Bid Request No. 19-028 Page 7 of 13 5. Material Safety Data Sheets and Placards must be furnished at the time of delivery as specified by State and Federal Regulations (IF APPLICABLE). 6. Any Vendor vehicles traveling on County roads will not exceed its legal gross weight. 7. If samples or sample testing is required, Brazos County will perform test through a third party. Vendor will be required to allow the third -party access to the facilities in order to acquire samples for testing. Failure to submit requested testing may disqualify bid. D. INSURANCE REQUIREMENTS 1. The Bidder shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please note that such Certificates of Insurance and any required bonds must be issued and then approved by Brazos County Risk Management. The Certificate of Insurance must be approved by Risk Management before any deliveries can be made. 2. The Bidder shall furnish and keep in full force the following insurance during the term of this Contract: a. Statutory Workmen's Compensation and $1,000,000 Employer's Liability Insurance with waiver of subrogation. b. General Liability with limits for bodily injury and for property damages of not less than $1,000,000 aggregate, $1,000,000 each occurrence with Brazos County named as an additional insured and waiver of subrogation. c. Comprehensive Automotive Liability with $1,000,000 CSL for Bodily Injury and Property Damage Liability. d. Cargo Insurance to sufficiently cover materials transported. 3. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Bidder receives notification of award. 4. The Vendor agrees to release and hold harmless Brazos County from any and all claims and liability due to the acts of the Vendor's employees and the operation of his equipment. The Vendor also agrees to hold harmless Brazos County from any and all expenses, including attorney fees, incurred by Brazos County in litigation or otherwise resisting such claims or liabilities as a result of the Vendor's employees' activities. Further, the Vendor agrees to protect, indemnify and hold harmless Brazos County from and against all claims, demands and causes of action of every kind and character brought by any employees of the Vendor against Brazos County due to personal injuries and/or death to such employee resulting from any neglect act, by either commission or omission on the part of the vendor or Brazos County. Bid Request No. 19-028 Page 8 of 13 E. REFERENCES Vendors shall provide a list of at least three (3) references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company/entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of bid. Bidders are not allowed to use Brazos County as a reference. Company/Entity: Fayette County Contact: Toni Mures, Commissioner Pct # 4 Phone: 979-743-3250 Email: Company/Entity: Waller County Road & Bridge Contact: Greg Duncan. Road Superintendent Phone: 979-836-7670 Email: Company/Entity: Grimes County Contact: sam Knoles Phone: Q36-873 n4 Email: Vol. � I Pg. m .2, Bid Request No. 19-028 Page 9 of 13 F. SPECIFICATIONS 1. General Information — Brazos County is seeking qualified companies to provide: Cutback Asphalt in accordance with Item 300 of the Texas Department of Transportation, Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges 2014. Quantities shown are estimated quantities. The actual quantity purchased may be more or less. The County is not obligated to purchase any minimum amount and the County may purchase any reasonable amount greater than the estimate for the same unit price. Items will be ordered on an "As Needed" basis. Brazos County reserves the right to award the bid in whole or to one contractor or to award a contract on each separate item or combination of items as may be most advantageous to the County. A primary, secondary, tertiary, and/or subsequent award may be made for this bid by the County. It is expressly understood and agreed that in case Brazos County should need any item(s) not available within a specified time frame needed from the Successful Bidder(s) during the term of this contract, contractor must provide written verification that the specified timeframe cannot be met. Brazos County then reserves the right to purchase the item(s) from vendors other than the Successful Bidder(s) and shall not be in violation of any terms or conditions of said contract. 2. Definition of Terms for Specifications: County: Brazos County Road & Bridge acting by and through Brazos County Contractor: Successful Bidder of the attached Invitation for Bids Engineer: Director of Brazos County Road & Bridge Division Inspector: Employee of Brazos County supplied to the contractor's crew for the selection, prosecution, and quality control of the work. Specifications: Texas Department of Transportation, Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges 2014. Department: Brazos County Road and Bridge Division Contract: The Invitation for Bids and the Bid of the Successful Bidder shall become a contract between the successful bidder and Brazos County once the Successful Bidder's Bid is properly accepted by Brazos County Commissioners Court. 3. Control of Materials a. Source Control. Use only materials that meet Contract requirements. Cutback Asphalts must meet requirements of table as shown in TxDOT Item 300 for the specified type and grade. b. Material Quality. Correct or remove materials that fail to meet the contract requirements. Vendor is responsible for cost incurred if additional sampling and testing is required by a change of source or failure of initial test(s). Materials not meeting Contract requirements will be rejected, unless the Engineer approves corrective actions. Upon rejection, Contractor shall immediately remove and replace rejected materials. If the Contractor does not vol. 3411 Pg.,2__ Bid Request No. 19-028 Page 10 of 13 comply with this Article, the County may remove and replace defective material and the cost of testing, removal, and replacement will be deducted from invoice. c. Manufacturer Warranties. Transfer to the County warranties and guarantees required by the Contract or received as part of normal trade practice. d. Plant Inspection and Testing. The County may but is not obligated to, inspect materials at the acquisition or manufacturing source. Material samples will be obtained and tested for compliance with quality requirements. The supplier will accommodate the county or their representative with inspection or collection of samples. 4. Contractor will be required to maintain proper permits to operate on Brazos County roads and/or property. Any variation from these specifications must be indicated on the Bid or on a separate attachment to the Bid. The sheet shall be labeled as such. G. QUOTATION Due to fluctuations in crude oil costs over the past year, the awarded vendor(s) will be allowed to submit a request for an escalation in price only if substantiated by written documentation from the vendor's supplier stating an increase in price. ITEM 300 - ASPHALT, OIL AND EMULSION PRODUCTS PRICE PER ITEM QUANTITY DESCRIPTION GALLON TOTAL 1. 12,000 Gallons RC250 Rapid Curing Cutback Asphalt $ 3.37 $40,440.00 2. Free Time: First 2 hours free 3. Specific charges per hour for demurrage after free time: $ 80.00 /HR 4. Minimum Delivery (indicate Freight Charge for below Minimum Delivery): 5.000 gallons *Call for for smaller quantities* 5. Specific location of vendor's Plant: 100 Asphalt Lane, Shepherd, Texas 77371 6. Contact person and phone number at plant: Clayton Moore or Craig Moore: 800-334-0177 7. Direction to plant (attach if necessary, please be specific): 3.1 miles north of Shepherd on US 59 North, Shepherd, Texas 77371 8. Number of trucks the company owns located at the facility that will be servicing Brazos County: Vol. 3y l Pg. 2311 Bid Request No. 19-028 Page 11 of 13 9. The size of trucks the company owns located at the facility that will be servicing Brazos County: 10. Below or on a separate page, please describe any agreements that the vendor has in place to insure ability to perform this work. 34,/ ....Pg_a35 Bid Request No. 19-028 Page 12 of 13 H. HOUSE BILL 89 & DEBARMENT VERIFICATION Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. • Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: Cleveland Asphalt Products, INC. Authorized Company Representative: Clayton Moore Address: PO Box 1449 Shepherd, Texas 77371 Signature: e Date: 2/25/2018 Contract #: 19-028 Vol. Pg._ Bid Request No. 19-028 Page 13 of 13 I. CERTIFICATION OF BID The undersigned affirms that they are duly authorized execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. SIGNED BY: TYPED NAME: Clayton Moore TITLE: Sales Rep. COMPANY NAME: Cleveland Asphalt Products. INC. PHONE: 800-334-0177 MAILING ADDRESS: PO Box 1449 P.O. Box or Street Shepherd City EMAIL ADDRESS: rcmcaprn@nsn nom TX 77371 TX Zip VENDOR TAX IDENTIFICATION NUMBER: 76-02444-02 END OF BID REQUEST NO. 19-028 ************** *******: *****************: *************************************Vs**** By signing below, Brazos County agrees that this bid, 19-028 will be awarded as dictated on the associated bid tabulation sheet, to the vendor whose name appears above and both parties agree to the terms and conditions contained herein. By: Brazos County Commissioner's Court _ Date 10/9/0QOf8 Attest: Brazos County Clerk .,"-a! 4- 3 U Pg. O37 jci uhf '‘TEXAS ASSOCIATION of COUNTIES *e �; RISK 'MANAGEMENT POOL. .0oeri0 �r t y1 S -Y e .4 A 4d " s'uY 3t ...... �� (j ,, 4. -y,:. L' i '3Y '1 'd. _...:3-,,,l;'`,'e4`s r+s y,:. 1_4 ..yt Y .� , 6 S" y ,s ork0: O ,ensatiot at enewa Questionmatre Lrt ;� Ej { Brazos County Coverage Period: January 1, 2022 through January 1, 2023 (Thank you for participating in the TAC Risk Management Pool's Workers' Compensation program. As we prepare your renewal, there are a few questions we need you tto answer so that we can provide you the most comprehensive and cost effective coverage possible. Pursuant to the Interlace' Participation Agreement, Section 4. Annual Contribution, 4.01 requires that the member timely submit to the Pool documentation necessary for the Pool to properly underwrite the renewal. To ensure that we have up-to-date information, please fill out each page completely and make any changes directly to this document. You can also provide supplemental sheets as necessary. NOTE: Omitted information may result in an exclusion from coverage. We value your membership in the TAC Risk Management Pool and look forward to another successful yearl If you have any questions or need help completing the Renewal Questionnaire, please contact your Member Services Representative (listed below) at 800-456-5974. 'Member Service Representative: Ms. Nelly Cano Email: c nell coup .o Y@ ty r9 Pool �oor�iUfa tof gi-e, s3 -o �&tat<o►i Coordi�riator � ` ,t ,_ � ` , ... '_ • � '6'� reek (Our records indicate that the Member has designated the individual below as the contact for this coverage. In accordance with the terms of the Interlocal Participation Agreement, the Pool Coordinator has express authority to represent and to bind the Member, and the Pool will not be required to contact any other individual regarding ii matters arising from or related to this Agreement. If the Member wishes to change or update the Pool Coordinator information, please make the necessary changes (below. 1Contact: Ms. Jennifer Salazar Email: jsalazar@brazoscountytx.gov Office Phone Number: (979) 361-4117 Fax Number. (979) 823-6993 t cMailing Address: 200 S Texas Ave Ste 206 City, State, Zip: Bryan, TX, 77803-3999 4 r y rsN"rt x r a x t� k r c r �1 enef lhformatit) ` " xw , �....;:..._ _ - � � _y .. `' s , r �.' - Ya.... i x, 6 c.e ten.. ,]v{.. r�'-v l ..' '.=.�Z-�•.."3. 4 .. ^. .. . it Yes or No i1. Do you use a manned aircraft in any capacity? No If Yes: Are your pilots employees? 1 If yes, please complete the Aircraft and Aircraft and Pilot info tabs. I Are your pilots volunteers? If yes, and you desire to include Workers' Compensation coverage please complete the Aircraft and Aircraft and Pilot info tabs. 12. Do ou have o erations involving the loading, unloading, repair, or construction of watercraft or vessels, including work performed on barges or docks? No 13. Do you own, operate, or maintain a railroad, or own, lease, operate, or repair railroad equipment? No 4. Do you engage in manufacturing, handling, transporting, distributing, or storing explosives or explosive substances (other than gasoline)? No (5. Do you perform any underground, subaqueous, or tunneling operations? No (6. Do you provide group transportation for employees to and from the workplace? No t If Yes: • Average number of employees in a vehicle per trip: • Maximum number of employees in a vehicle per trip: Average number of daily trips: r7. Do you have a County Fire Department that contracts with the state or National Forest Service to fight wildland fires? No If Yes: Please advise in the last 5 years for each fire the number of employees and duration in the explanation box below. )For any "Yes" responses to the questions above, please provide a brief explanation: j "FGL.a si T� -V'=f '.5 F '� V ,u ,. .L A X t ^t .,� .t. Y h t b fit. i , y,� e 'I'� }•a nre�`orted , aims= r k n S � ° ` `: .i � ''� 3 , ..�.qFc tiJ-'. >4t+r. �+,s� ,s' v S ''?r t;«. SLR ..�&`°Gu„y, . P .D..a 4; S f"'Y" Y a1 hT ,ri i..f, Rp t •y+&�Dr52 >'S '.�._ ^� ; r-tl;g Yes or No !1. Are you, or any officer or employee, aware of, or have knowledge of any circumstance, occurrence, fact or event which is likely to be a basis of a claim, either now or in the future? No If yes, please describe: t2. Has the situation been reported to TAC Claims Department? VoL. cIt pg.. 3B N/A tanca Member Name:Brazos County Member acknowledges that the information submitted in this questionnaire is true and accurate, including all known potential claims. The information submitted may be used by the Pool in processing the renewal and in assessing the coverage needs of the Member. The questions posed, or any wording of the questionnaire, should not and may not be relied upon by the Member as implying that coverage exists for any particular claim or class of claims. The only coverage provided by the Pool to the Member is as described in the applicable Coverage Document, including any endorsements and the Contribution and Coverage Declaration, issued to a covered Member. F If the Member makes no chang the Pao ssume the Member is reporting for the same information as in the previous applicable Coverage Period. The Member understands tp2i aTtpiailure to fully d accurate nsw$r the questionnaire and any attached documents may result in denial of coverage provided by the Pool. g iSignature of County Judge or presiding official of the Political Subdivision Date Pg. Q3 L "...cam 1. 1TEXAS ASSOCIATION Or COUNTIES `RISK MANAGEMENT' POOL Please enter the estimated payroll and the number of employees for calendar year 2022 in the highlighted columns. Only include payroll for Elected Officials if your Commissioners Court has selected this Optional Coverage. For Optional Coverages, refer to the next tab for instructions on reporting this payroll. Member Name : Brazos County Coverage Period: January 1, 2022 through January 1, 2023 Ha in9 ),Class of y # ENV t.K... ��.` 4fAig. ,�.,. _ ic``+.•»Q"F$::v ^ - - -- 1 07422AIrcraft Ambulance 07418 1 Aircraft Oper. (Patrol, Ambulan) 4'! a - i,Y-gCUent f '6020 duabP'yroll+2"' r NTrr268rof4 �-.'tn�s!4 !Esst m tted,22*,1 PayrroolliAmount SEafimated �0 ,., Numbe��.^+.era. Employers, ( 03423 a Airport a 07721 1 09016 ft _ Ambulance 1 Amusement Park, Exhibition Center .,...a-..a.'��- a�,a.� 08391 ! Auto Mechanics i 5654,504 12 ft $ 656,899.00 12 09014 (Bldg. Maintenance & Janitors i $2,082,391 ee" $ 2,195,627.00 65 05403 Carpentry (NOC) a .,,_.�„�,,,,,,,�,�. ._.. _ 09220 Cemetery Operations t _ q 04511 Chem'cealAnalysVAssayers $813,013 12 T j $ 577,968.00 11� ., 08809 Chief Of Commissions & Directors �� - Y x I t58eid tClericai 52P,1&4,127, 3s1--------- $ 22,536,588.00 r 378 �� ''''`'‘-`.=-- 05006 Co. 8 Drain Dist Commissioners 1 a 08006 Commodity Grocery -�.. g ' 05203 P07363 Concrete ConsWclion-Bridges L 8 t Dnvers ).,,....,m�i�__�w� iN A __ 08811 Eledon Personnel $223,061 el' '. $223,081 80 aw t @ 05190 Electrical Wiring WM Buildings aa.. 08801 Engineers, Surveyors 5583,689 10,' i } $ 698,248.00 8 07704 �t 9 7 (a 09402 q rum ._. �� ,F..U.x.� Firefighters 8 Drivers ,. 9 �-���- a amaat.:.v,a�.enessa...S..:.....:...,,:m. .w .4�•_ __: �.-,--- t"� wt —z..a,.s.�-z.-....,..,..�....,.R ate......,ron..,,..,..oe.•>.,a>.«.m..,... Garbage Collection 8 Drivers ft 06319 1 4 09060 I 0882 08828 GaslWater Main Connection Constr 1 Goi(Course .. ,.r.. � .......a.vs -- a .•.,•...x - ... .n...... Service Homemaker Service p _ S t 08833 t Hospital Professional & Clerical P - r p • � �' 09040 1 Hospital, All Others - �`�'' - as 09033 Housing Authority & Drivers 3 ft ft I 5 09032 Housing Authority Mgrs & FJnplys , a 04519 Insect Control $46.286. 2 $ 53,796.00 t1 ..a.. - 08709 inspectors, Samplers, Or Weighers Of .d ft i . Merchandise On Vessels Or Docks Classification ----- _x-,.•,_. .s�z..�-__..as. .a: ..A._... _... .....a- 0 05229 IrrtgationiDralnage Construct 1 e _ �'-- ,.....t.: -....Vass il 08812 Jurors 1 08742 l* Ja Probation, Collectors, Sales S2,692,5321 53 $ 2,763,077.00 50 07722 Juvenile Detention Officers $1,408,0091 41 I I $ 1,900,237.00 43 06219 07590 07720 a .1 Landfill Operation & Drivers, Excavation NOC ��.v� ! Landfill,Garbage R` eduction _ , Law Enforcement S15,570,954 298 „, ,58576..__..._,._.......,,� $15,975,528.00 297 .v...a. _ . 00020 Law Office — `- -. te�,_vr. _ _ t'-� 08838 LlbrarylMuseum•ProL 8 Clerical ...�....aav,..��,. 08829 ft 05191 Nursing Home Employees 1 , '+�$ i • - ,�—..�.......•......®.�.....�_-.._bed �� 'OtflceTerhnidan S140,090 4 186,089,00 I 3 09015 • Pa`rldng Lots & Drivers ,..�'� .A t 1 I 1 — 09102 U8227 Parks & Recreation ---,..... — r •_'!� Permanent Yard Employees $ '�# ..fi "`a 08832 Physician Med.Lab. Minor Emer. Cfinic ( 51,476,979( 20 1 ✓ $ 1,206,784.00 I 19 Y..... 04299 1 08264 Printing .. --� 3 r �µ 1 "� - - Recydtrtg Or Shredding Workers 8 Drivers 09079 Restaurant, Food Preparation 5508 Road Employees -Paving, Repaving S2,382,225 82 $ 2,763,356.00 63 I .�a... 3 09101 Schools -A8Other Employees ft 5 �� _ r 07580 (Sewage Disposal Plant Operations t - .. •Von, 3i -1l , .. Yu .;`yz7yy .1. » aFtng 2 � iYrY y 7 «x assy .Y1Ratlrr�.CtazsOese.iyip��lita�5n C e 44 r-='�'s�.r' e. „y 4..�.a•°".�..;'i. x 2020�Aetiial PaaU?� o YS 4 1 � z kk'!--. Nu `T t . Em i e 5 P � Nuinbeuriota'f " a, ,1/oTtuntee k e`d 022 ayrol!AAmour% �k a C4 n. .`..., , gy taker t -vsS. .,e• F ET , � f . +x ice,..>_...._. 07327 . Stevedoring n....r>.....-......,r, -'nv 1 08017 Store Clarks --' :-.._.-..,,.,...�. 09081 . S Swimming Pools999 :,.. .,...�.,................. � _ 09019 ' Toll Bridge Employees . 08831 Vet Hospital &Animal Control 08859 i Volunteer; - All Others y-"'- _.F -_ T�� —y._ _ 4. 08857 p Volunteers - Emergency Medical Personnel. 4 Volunteers - Fire Fighters ^`.I. I - .��.�H. ��®� •.. . a .. v F6�08855 0 08658 arehers-Law 15 CAndEnforcement Driver .08292 Warehousing NOC And Driver � m i 07620 Waterworks Operation & Drivers _- ' .�a�.� 03365 4 Welder J ... a 08868 iYouth & Community CntrDiirectors �!-'— -e y _ �....d.,.....r _.. vol. 3/41 Pgo L_ ERAS. ASSOCIATION of Corm -tits MA IAGEMENT P OO L If you wish to add additional coverages, please make your selection in the form below. Please note, Chapter 504 Labor Code requires political subdivisions to have a majority vote to add or remove optional coverages for Volunteers, Elected Officials, Election Workers (non -employees) or Jurors. Member Name : Brazos County Coverage Period: January 1, 2022 through January 1, 2023 Current „Optional Coverages Elected Officials kE ction Workers (non -employees) liVolunteers - Law Enforcement N ='OPTION' 1. ELECTED OFFICIALS Does your governing body desire this coverage? If yes, include the estimated payroll of all elected officials on the payroll tab, based on the job responsibility of the elected official. If no, do not report the estimated payroll of any elected official. 2. VOLUNTEERS Does your governing body desire this coverage? If yes, enter the estimated payroll on the payroll tab. Four classifications are available: Volunteers - Firefighters, Volunteers - Law Enforcement, Volunteers - Emergency Medical Personnel, and Volunteers - All Others. You may choose to cover any or all classifications. Please note: You can calculate annual salary by using $5,200 per volunteer, or if you have an auditable record of hours that each volunteer was on duty or participating in sponsored training you may determine the "salary" by multiplying the number of hours by the hourly wage that would have been used if the services had been provided by an employee. 3. JURORS Does your governing body desire coverage of Jurors? If yes, enter the estimated payroll on the payroll tab. 4. ELECTION WORKERS (NON -EMPLOYEES) Does your governing body desire coverage of election personnel? If yes, enter the estimated payroll on the payroll tab. Please note: Election Personnel refers to temporary or contract personnel paid for service in the conduct of an election. Do not include payroll for county employees. County employed election staff should be reported under Clerical. Enter Yes or No: Enter Yes or No: Enter Yes or No: Enter Yes or No: Yes Yes No Yes Vol. �{ Pg. aL[ XAS TE.ASSOCIATI0NASSOCIATI0N of COUNTIES '4 POOL Please update your list of locations and the number of employees at each location. Place an X In the 'Remove Location' column if this location is no longer valid. Update the employee counts for all locations. Add new locations at the bottom. Member Name : Brazos County Coverage Period: January 1, 2022 through January 1, 2023 'Complete this section if a location has 200 or more employees Poll" ccyy Effe NJ ate�`TiT^° �, A E syb`` 4 : 1 ': k ructu e'.Ide ler r '• i '� :ypd$di''J' .. r./ V i 1 -a'.�, c�".,.t .. .a t'CW. 4kY{'a, niE a`'.Updated''`r I�"Is *Tag '« r • ' { toos Addre 3�i` �` . Employee" � Remov mplo ee,,- -EmPt ees At, ; . a r r. .�-1 y� � 40 �1"� -Ki N t � .=.}rt •^Y'. g:-` L CountLocRUoryCou`tf' Onc Time n� - nN...ty i •i � :� ��W�` T•�_-..__--....._.-,76—__ lK «3 t', s ,NumbeRof�. Constructl�� �g�ries Co. eSr2 ai. �.`�JUFA.r_lj4 4T,.:... -•: .ea,r�Byl,; AAA eis 01/072022 ADMINISTRATIVE 9LDG 200S TEXAS AVE,BRYAN,T%,77803—� 79 1- 101/012022 AG. EXTENSION 2619 HWY21 W,BRYAN,TX77803 6 1 6 1 01/01/2022 BLDG MAINT 200-206 N WAsHINGTON,BRYAN,TX77803 41 41 _ r 011012022 01/012022TCEOC Brains Center 3232 BRIARCREST oRBRYKTX,77802 13 13 _ _... _ BRYAN, BRYAN ,7X77803 2 2 187 011012022 COURTHOUSE 300E 26TH ST.,BRYAN,TX77e03 187 011010022 ELECTIONS ADMINISTRATION 300E WILLIAM J BRYAN PARKWAY STE 100,8RYAN,T-X,778035359 10 10 5 01/012022 EMPLOYEE HEALTH 8 WELLNESS CLINIC 300 E WILLIAM BRYAN PARKWAY SUITE 200,BRYAN,TX,778035359 5 011012022 EXPO )5827 LEONARD RD.BRYAN,TX77807 33 33 ry 01/012022 FLEET MAINTENANCE 1601 LOUIS ST,BRYAN,TX778035359 6 6 01/012022 _ HEALTH DEPT 201 N TEXAS AVE,BRYAN,TX77e03 31 31 01/012022 IT BRYAN ,BRYAN ,7X77603 �� 31 31 1 01/012022 JPI CONSTABLE ERECT. 3 100 ANDERSON ST.,COLLEGESTATION,TX,77640 12 1 12 (_ A �„_ 011012022 JPICONSTABLEI 12845 FM 2154,COLLEGE STATION,TX77845 11 I 11 I� 01/012022 JUVENILE JUSTICE CENTER 1804 SH21 W,BRYAN,TX77803 106 10fi 3 01/012022 101/012022 MPO 3833 S TEXAS AVE ,BRYAN,TX77802 3 PRE-TRIAL OFFICERS -CSCO 321 E 28TH ST STE 300,BRYAN,TX,778035359 3 3 12:M310022 ROAD AND BRIDGE 2017 HWY 21 W,BRYAN,TX778035359 E4 8' i a S 01/012 02T C' -1t S.O.-CSISD SCHOOL SERITY 1812 WELSH AVE ,COLLEGESTATION,TX77840 9 01/010022 1S.O.A0MIN 01/0120228.0. 1700 SH 21W,BRYAN,TX77803 70 70 MSJ 1835 SANDY POINT RD,BRYAN,TX77803 195 195 1 01/012022 7TAX OFFICE 34151 COUNTY PARKCOURT,BRYAN,TX77802 3 3 7 37 1 - New Location(s) ��I. _LU Pge_243 VoL �g•� a .f Cwmm '�ier uu�a*eur�ex Ark 71, Ta T xASS ASSOCIATION Of COUNTIES MANAGE.IM:N _ POOL If you have any watercraft over 26' in length, please fill out the form below for each watercraft. Member Name : Brazos County Coverage Period: January 1, 2022 through January 1, 2023 ,T Waterd°raff-1"ypej ,M110 1 MOdef Mdde(Yeaj �h . ;::Horse Poweij Owned: i'lleased Graf artere "n�4r Passeige° apacityj Frequency�of Use ARtiii ary B'aOdliVater nderr pity coverage provided for o a?_ .: . BRAZOS COUNTY, TEXAS GRANT APPLICATION APPROVAL FORM Date: 9/24/2021 Requesting Department: District Attorney Grant Title: Advanced Nursing Education- Sexual Assault Nurse Granting Agency: Texas A&M University Health Science Center Amount Requested: $ 10,000.00 Grant Term (Beg/End): 10/1/2021 — 6/30/2022 Project Description: Prepare and deliver two day experiential learning simulations for SANE/Forensic Nurse testimony preparation, voire dire simulation, and mock testimony on two occassions each grant year. Provide annual report regarding mock trial deliverables. Will this grant fund salary & benefits? n Yes Is there County Match requirement? n Yes Are there financial reporting requirements? n Yes Who will be reporting? No No No *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 prior to the application submission. orized Signature A.'roved by Co ers Court on this S day of 00lae-C Commissioners Court Approval Agreement M1901171 AMENDMENT NO.5 to the SERVICE AGREEMENT between TEXAS A&M UNIVERSITY HEALTH SCIENCE CENTER And BRAZOS COUNTY The agreement entered into by and between Texas A&M University Health Science Center, College. Station, Texas ("Prime Recipient"), and Brazos County, acting through the Brazos County District Attorney's Office ("Criminal Justice Partner"), under Health Resources Services Administration (HRSA) ("Sponsor"), Grant No. 1 T96HP32499-001-00, for the project entitled "Advanced Nursing Education - Sexual Assault Nurse", is hereby amended as follows: 1. Delete Article 2 in its entirety and replace with: 2. Period of Performance The period of performance for this Agreement shall commence on January 1, 2019 (the "Effective Date"), and shall terminate on June 30, 2022 (the "Completion Date"), unless extended by mutual agreement in writing between the Parties, or completion of the grant, or unless terminated by Prime Recipient as provided in this Agreement. 2. Add payment terms to Article 3: 3. Consideration and Payment As consideration for the work cited in Article 1, Prime Recipient agrees to pay Clinical Preceptor Partner an additional cost reimbursable amount of $10,000 for the period of performance, 10/1/2021 — 6/30/2022, based on the following payment schedule. The Total Amount Funded to Date is $50,000. $10,000 — After receipt of final Report, due by 6/30/2022; completion of Deliverable, shown in Section 5 and Appendix A; and receipt of an Invoice; 3. Add Reporting Requirement to Article 5: 5. Reports and Deliverables Reports: • Due by June 30, 2022, final report regarding mock trial deliverables, containing the following: o Number of trainees participating in the mock trials. o Evaluation of the preparation and delivery of simulation. o Improvements identified to be incorporated in future simulations. Page 1 oft In witness whereof, the Parties have executed this Agreement on the day and year last specified below. Texas A&M University Health Science Center )) I Digitally signed by Lesli Kerth I/,{ 1_ s Date: 2021.10.1211:54:53 By: f` -' 1 -05'�' for Name: Julie Bishop Iry Title: Associate Executive Director Date: 10/12/2021 TA Name: Duane Peters Title: County Judge Date: 10 (5-41 Page 2 of 2 vol. 3L -ii Pg. �! Amendment 2 to Contract for Full -Service Computerized Indexing, Optical Imaging Systems and Services for Vital and Real Property Records, Brazos County, Texas State of Texas KNOW ALL MEN BY THESE PRESENTS: County of Brazos This Amendment No. 2 (the "Amendment"), to the Contract for Full -Service Computerized Indexing, • Optical Imaging Systems and Services for Vital and Real Property Records on June 13th 2017 (herein the "Contract"); is made and entered into by and between BRAZOS COUNTY, a political subdivision of the State of Texas, on behalf of its county Clerk, hereinafter referred to as "Client" or "Brazos County," and KOFILE TECHNOLOGIES, INC., 6300 Cedar Springs Road, Dallas, Texas 75235, hereinafter referred to as "Provider" or "Kofile," individually referred to as a "party" or collectively as the "parties." WHEREAS, the parties desire to amend the Agreement to add additional services to be provided by Kofile to Client. NOW THEREFORE, in consideration of the foregoing and the objectives of the Parties, the Parties hereby agree that the Agreement is amended as follows, effective on October 1, 2021: 1. Section 1.0 of the Agreement entitled "Consideration" is hereby deleted in its entirety and replaced with the following: 1.0. CONSIDERATION • Client agrees to pay for Real Property Recording, Full -Service Computerized Indexing, Digital Imaging Systems, Internet Services and Property Alert, as those services are specifically described in this Contract and the Exhibits attached hereto as follows: See Exhibit "A" — Pricing of Systems and Services See Exhibit "B" — Equipment See Exhibit "C" — Description of Computerized Indexing System See Exhibit "E" — Service Level Availability See Exhibit "F" Property Alert Exhibits A, B, C, D, E, and F are attached hereto and made a part hereof for all purposes. 1 2. Exhibit F is hereby added to the Agreement. Except to the extent expressly modified herein, all of the terms and provisions of the Agreement are hereby ratified and confirmed and remain in full force and effect. IN WITNESS WHEREOF, the Parties have obtained the necessary authorizations or permissions and caused this Amendment to be signed and delivered by its duly authorized representatives. BRAZOS COUNTY, TEXAS KOFILE TECHNOLOGIES, INC. By: Hon. Duane Peters, County Judge (_.Jonathan Mohn Acting on behalf of, and by the authority President Of: the Commissioners Court of Brazos County, Date: 'VS -hi Date: 09/15/21 ATTEST: Brazos County Clerk By: Name Title: 2 Vol. 34 I Pg.o. SCHEDULE F Property Alert 1. Subscription Description: Property Alerts provides a way for individuals to monitor documents that are filed using their name or legal description. When a property alert for a personal or entity name is created, the subscription sends e-mail alerts any time a document is filed within the County that contains the name(s) that an alert has been set up. This system helps detect and prevent fraud attempts that can affect property ownership. Property Alert is a feature of the system services provided under the Contract. 2. Term. The Subscription to Property Alert will begin on October 1, 2021 and remain in effect for so long as the Agreement remains in effect under its current or any renewal term. 3. Pricing. Fees for the Property Alert subscription will be $275 per month. Kofile will include billing for Property Alert within the invoice related to the Agreement. 3 CONTRACT FOR FULL SERVICE COMPUTERIZED INDEXING, OPTICAL IMAGING SYSTEMS AND SERVICES FOR VITAL AND REAL PROPERTY RECORDS, BRAZOS COUNTY, TEXAS STATE OF TEXAS COUNTY OF BRAZOS KNOW ALL MEN BY THESE PRESENTS: This Contract for Full Service Computerized Indexing, Optical Imaging Systems and Services for Vital and Real Property Records (herein the "Contract"), is made and entered into by and between BRAZOS COUNTY, a political subdivision of the State of Texas, on behalf of its County Clerk, hereinafter referred to as "Client" or "Brazos County", and KOFILE TECHNOLOGIES, INC., formerly Kofile Preservation, Inc., 6300 Cedar Springs Road, Dallas, Texas 75235, hereinafter referred to as "Provider" or "Kofile", individually referred to as "party" and collectively as "parties". RECITALS WHEREAS, Provider provides microfilming, digital imaging, indexing and storage and maintaining on-line Real Property Records and Vital Statistics Records for various counties throughout the State of Texas; and WHEREAS, Brazos County wishes for Provider to microfilm, digitize, index, store, and maintain Brazos County Records on-line. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the services and product stated herein the parties agree to the terms and conditions set forth herein. 1.0 CONSIDERATION Client agrees to pay for Real Property Recording, Full -Service Computerized Indexing, and Digital Imaging Systems and Internet Services, as those services are specifically described in this Contract and the Exhibits attached hereto, as follows: See Exhibit "A" - Pricing of Systems and Services See Exhibit "B" - Equipment See Exhibit "C" - Description of Processing See Exhibit "D" - Description of Computerized Indexing System See Exhibit "E" - Service Level Availability Exhibits A, B, C, D, and E are attached hereto and made a part hereof for all purposes. Brazos County, Texas - Kofile Technologies, Inc. Agreement 2017 Page I of 22 Pg. a53 The costs of the systems and services described herein have been negotiated by the Texas Comptroller of Public Accounts Texas Smart Buy System, These negotiated prices are offered to Brazos County through the Kofile TXMAS Contract Number TXMAS-13-36010, Kofile Preservation, Inc. n/k/a Kofile Technologies, Inc. 2.0 TERM This Contract shall commence on , 2017 and shall expire on , 2022 subject to the annual appropriation of currently available funds by the Brazos County Commissioners Court. Client shall have three consecutive twelve month renewal options to commence upon expiration of the previous term. The Client shall notify the Provider in writing of its decision to exercise this option thirty (30) days prior to the expiration of the initial term or a renewal term. Such renewal terms or any other contract change shall be negotiated at that time. 3.0 CONFLICT OF INTEREST No public official shall have interest in this Contract, in accordance with Vernon's Texas Codes Annotated Local Government Code Title 5, Subtitle C, Chapter 171. 4.0 CONFIDENTIALITY All information disclosed by Client to Provider for the purpose of the work and services to be done in performance of the Contract, or information that comes to the attention of the Provider during the course of performing such work is to be kept strictly confidential. Provider shall not publish, distribute, or reproduce in any way the Client's records without the express written authorization of the Brazos County Clerk. 5.0 SYSTEM AND PROCESS Provider represents that the mechanical process to be used to create the records to be imaged and stored hereunder is as set forth on Exhibit "C." Provider further warrants and represents that the indexing system to be leased hereunder shall conform to the specifications and descriptions set forth in Exhibit "D." 6.0 CHANGE ORDERS No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in this Contract. All change orders to the Contract shall be made in writing and signed by both parties. Either party may request a change order. Within 5 days of receiving or initiating a written change order, Provider will prepare a written cost estimate and schedule for the requested change to Client. All technology or service related change orders shall be agreed to by Provider and the Brazos County Clerk. If a change order effects the cost of the Contract, or any term not described above, such change order must be submitted to the County Commissioners Court for approval. Such change order shall be considered at the next regularly scheduled Commissioners Court hearing after such change order is submitted and for which adequate notice is possible under the Texas Open Meetings Act. Brazos County. Texas -Kofile Technologies, Inc. Agreement 2017 Page 2 of 22 Vol 3L-Il Pg. 7.0 ASSIGNMENT The Provider shall not sell, assign, transfer or convey to any third -party this Contract in whole or in part, without the prior written consent of the Brazos County Commissioners Court. 8.0 INDEMNIFICATION Provider shall defend, indemnify and hold harmless Brazos County and all of its officers, agents and employees from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the Provider, or of any agent, employee, subcontractor or supplier in the execution of, or performance of, this Contract. Provider shall pay any judgment with costs which may be obtained against Brazos County growing out of such injury or damages. 9.0 SALES TAX Brazos County is by statute exempt from the State Sales Tax and Federal Excise Tax; therefore, the price shall not include taxes. 10.0 DESIGN, STANDARDS, AND PRACTICES Services to be furnished by Provider must conform to the highest standards of practices in the industry. The digitized microfilm to be processed pursuant to this Contract shall meet the highest standards of the industry and shall conform to the standards adopted subsequent to the date of this Contract, if any, by the American National Standard's Institute and/or the Texas State Library and Archive Commission, 11.0 COMPLIANCE WITH GOVERNING LAWS All services provided for herein must comply with all federal, state, county, and local laws governing or covering the type of services included in this Contract. 12.0 PATENTS/COPYRIGHTS If any claim is asserted or action or proceeding brought against the Client which alleges that all or any part of the software provided hereunder in the form supplied by Provider, or the Client's authorized use thereof, infringes or misappropriates any United States copyright or patent, or any trade secret, license, grant, or other proprietary right, the Client shall give Provider prompt written notice thereof. Provider shall defend any such claim or action with counsel of Provider's choice and at Provider's expense and shall indemnify the Client for any costs, including reasonable attorney's fees, incurred by the Client in connection therewith. The Client shall cooperate fully with and may monitor Provider.in the defense of any claim, action or proceeding and will make employees available as Provider may reasonably request with regard to such defense, subject to the reimbursement by Provider of all reasonable costs and expenses occasioned by Client's cooperation in such defense. Brazos County, Texas - Kolile Technologies, Inc. Agreement 2017 Page 3 of 22 Vol. 341 Pg. If the software provided by Provider is, in either Client's or Provider's opinion likely to become or does become the subject of a claim of infringement or misappropriation of a copyright, patent, trade secret or other contractual or proprietary right, or if a temporary restraining order or other injunctive relief is entered against the use of part of or all of the software, Provider shall at its sole cost and expense select one of the following remedies, which selection shall be in Provider's sole discretion: 1. Promptly replace the software with a compatible functionally equivalent, non -infringing and/or non -restrained software; or 2. Promptly modify the software to make it non -infringing; or 3. Promptly procure the right of the Client to use the software as intended. Notwithstanding any provision in this Contract to the contrary, Provider will not be responsible for indemnifying Client in the event that the Provider's software has been modified by Client or a third party without the prior written consent of Provider. 13.0 INSURANCE Provider shall, at all times, maintain sufficient insurance coverage to protect Client from all reasonable loss by liability claims arising out of Provider's performance or lack of performance of this Contract. If Provider materially changes or cancels any insurance policy required by this Contract, Provider shall give Client prompt written notice of same. 1. The Provider shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please note that such Certificates of Insurance and any required bonds must be issued and then approved by Brazos County Risk Management. The Certificate of Insurance must be approved by Risk Management before any deliveries can be made. 2. The Provider shall furnish and keep in full force the following insurance during the term of this Contract: a. Statutory Workmen's Compensation and $1,000,000 Employer's Liability Insurance with waiver of subrogation. b. General Liability with limits for bodily injury and for property damages of not less than $2,000,000 aggregate, $1,000,000 each occurrence with Brazos County named as an additional insured. c. Comprehensive Automotive Liability with $1,000,000 CSL for Bodily Injury and Property Damage Liability. d. Cargo Insurance to sufficiently cover materials transported. 3. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Provider receives notification of award. Brazos County, Texas - Kofile Technologies, Inc. Agreement 2017 Page 4 of 22 Vol. 3Li 1 Pg.a' �Q 4. The Provider agrees to hold harmless Brazos County from any and all claims and liability due to the acts of the Provider's employees and the operation of his equipment. The Provider also agrees to hold harmless Brazos County from any and all expenses, including attorney fees, incurred by Brazos County in litigation or otherwise resisting such claims or liabilities as a result of the Provider's employees' activities. Further, the Provider agrees to protect, indemnify and hold harmless Brazos County from and against all claims, demands and causes of action of every kind and character brought by any employees of the Provider against Brazos County due to persona! injuries and/or death to such employee resulting from any negligent act or willful misconduct on the part of the Provider. Upon request, Provider will provide evidence of coverage on a standard ACORD form certificate of insurance. 15.0 INVOICES Invoices shall be mailed directly to: Honorable Karen McQueen Brazos County Clerk Brazos County Courthouse 300 E. 26th Street, #120 Bryan, Texas 77803 The invoices shall show: 1. Name and address of Provider. 2. Detailed breakdown of all charges for the services or products delivered stating any applicable period of time. Invoices shall be based upon actual services rendered and actual hours of performance and/or products delivered. 16.0 PAYMENT Agreed payments will be made to the Provider within 30 days after receipt of the invoice by the Client and the Client's acceptance of all completed services and/or products ordered and receipt of a valid invoice in accordance with V.T.C.A., Government Code Section 2251.021. Client agrees to pay late charges of one and one half percent (1.5 %) of any balance due to Provider that is outstanding for more than thirty (30) calendar days after receipt of invoice. 17.0 DELIVERY OF HARDWARE EQUIPMENT Provider shall install and implement the computer hardware and other equipment set forth on Exhibit "B" and thereafter as may be needed due to hardware or equipment failure, on Client's premises for use of Client during the term of this Contract. Subject to the terms Brazos County, Texas - Kofile Technologies, Inc. Agreement 2017 Page 5 of 22 Vol. —1 Pg.arj 7 hereof, the title and possession of the hardware and other equipment furnished by Provider shall at all times, after delivery to Client, be and remain the sole and exclusive property of Provider. The hardware and equipment furnished Client according to this Contract shall not be used by Client during the time period of this Contract except in the furtherance and performance of the specific terms of this Contract. Any operating software that Provider has received from the manufacturer of the hardware or vendor of the hardware shall be delivered to Client for its use, subject to the rights retained in such operating software and restrictions set forth by such manufacturer or vendor and shall at all times remain the property of Provider. Provider, or its vendor(s), retains all proprietary right to such operating software. 18.0 SITE PREPARATION Client will provide at its own expense a site adequate in space and design for the installation and operation of the hardware. Client shall be responsible to provide (i) a site that is temperature -controlled (ii) has the necessary electrical outlet, circuits, and wiring for the hardware, and electric current of sufficient quality and quantity to operate the hardware, and (iii) cooperate with Provider in making arrangements with the local phone carrier for installation of a DSL, ISDN or phone line to the County Courthouse. Any charges due to the phone carrier for installation and monthly service charges shall be at Provider's expense. Client shall be responsible, at its cost, for the proper cabling and wiring of the County Clerk's Office with cabling sufficient to operate the system described herein. Provider shall notify the Client of the type and quality of cabling required to service the equipment. Provider has no duty to prepare the site for installation of the hardware, except as provided above, but does have a duty to give notice to Client of any inadequate conditions, which it finds regarding the site. 19.0 INSTALLATION AND TRAINING Provider shall have the duty to install or reinstall, if necessary, the hardware at the site designated by Client. Provider shall also have the duty to provide the adequate and necessary training, as determined in Client's sole judgment, of Client's employees for the operation of the above -described hardware and for the understanding of the use of the software. If requested by Client, Provider will furnish additional training at Client's site to compensate for any employee turnover or software upgrade, and to ensure Client's ability to fully utilize all hardware provided. All installation and training is included in the prices set forth in Exhibit "A." 20.0 LICENSE Provider grants to Client the non-exclusive, nontransferable, revocable right to use the software provided under this Contract during the term of this Contract; such right specifically excludes the right of Client to sublicense, assign, or sublease any of its right hereunder without express written consent of Provider. Client agrees that the software products licensed herein are proprietary, and that Provider or the owner of the licensed software products retains ownership of all rights, title, and interest of its licensed software products. Provider agrees to provide all updates of the Software described herein at no Brazos County, Texas - Kofile Technologies, Inc. Agreement 2017 Page 6 of 22 Vol. 31411 Pg. aa. additional charge. All enhancements made on behalf of Client by Provider will be proprietary to Provider. 21.0 TERMINATION FOR BREACH OR DEFAULT BY PROVIDER If Provider materially breaches any of the terms and conditions set forth in this Contract or fails to perform the obligations set forth in this Contract and fails to cure the breach or failure within forty-five (45) calendar days (or other reasonable period stated in the notice) after receipt of written notice from Client at least thirty (30) days prior without penalty specifying the basis for the breach or failure to perform, Client may terminate this Contract. Termination by Client shall be effective upon delivery of final payment to Provider of all sums due under this Contract to the effective date of the termination. Client agrees to discontinue use of all hardware, software, and other Provider -owned materials no later than the effective date of termination. The Client will accommodate the return of the hardware, software, and other Provider -owned materials for the Provider to pick-up within thirty (30) calendar days after termination. 22.0 TERMINATION FOR BREACH OR DEFAULT BY CLIENT If Client materially breaches any of the terms or conditions set forth in this Contract or fails to perform the obligations set forth in this Contract and fails to cure the breach or failure within forty-five (45) calendar days (or other reasonable period stated in a notice sent by Provider) after receipt of written notice at least thirty (30) days prior without penalty specifying the basis for the breach or failure to perform, Provider may terminate this Contract for breach. Termination by Provider shall be effective upon receipt by Client of a written notice to terminate. Client agrees to discontinue use of all hardware, software, and other Provider - owned materials no later than the effective date of termination. The Client will accommodate the return of the hardware, software, and other Provider -owned materials for the Provider to pick-up within thirty (30) calendar days after termination. 23.0 TERMINATION WITH NOTICE Either party may terminate this Contract at the end of the initial term or any renewal term by providing ninety (90) calendar days written prior notice to the other party of the non - renewal of the Contract. 24.0 TERMINATION FOR LOSS OF FUNDING This Contract is subject to termination for convenience upon not less than thirty (30) days written notice to Provider if Client has failed to receive funds for the continued procurement of the products or services set forth in this Contract after every reasonable effort has been made by Client to secure the necessary funding and if no substitute arrangement is made by Client to obtain the same or similar products or services from another source. 25.0 INTERNET SERVICES Provider will, as part of the pricing set forth on Exhibit A, place all Brazos County Clerk's Real Property Records (indices and records) on-line commencing with the date of this Contract Brazos County, Texas - Koffle Technologies, Inc. Agreement 2017 Page 7 of 22 Vol. 314` Pg. and going back to January 1, 1956. Such records will be accessed at Kofile's website. Fifty percent (50%) of the revenue derived from the searching of the records on the intemet will be reimbursed to the Client by Kolile deducting the amount of money Provider received from the Internet searches from the County Clerk's monthly invoice. Provider will rebate 50% of all revenues generated from Brazos County records. Provider agrees to provide a monthly accounting to Client to verify Internet revenue and administration fees. Client reserves the right to have such records audited annually at Client's expense. The per image retrieval and per copy price and subscription fee will be set by Provider. 26.0 INDEPENDENT CONTRACTORS It is agreed and understood that Provider, and its employees, agents, representatives, and anyone acting on behalf of Provider are independent contractors for the purpose of this Contract. 27.0 PROPRIETARY RIGHTS Provider shall have the sole and exclusive right to patent or copyright any work resulting from its services. In order to protect Provider's interest in these materials, Provider will retain all proprietary rights including but not limited to source programs, object programs, control language procedures, systems design. modular program structure, system logic flow, technical documentation, report and video formats, subroutines, processing techniques and procedures, and report generation which were prepared on behalf of Client, subject, however, to the section of this Contract entitled "Title to Recorded Media". As part of this Contract, Client is granted a non-exclusive license to use these materials. 28.0 WARRANTY AND DISCLAIMER Services to be performed by Provider will be done by qualified personnel, properly supervised, and will meet such other specifications as are mutually agreed upon by the parties. Provider further warrants and represents that the hardware and software together will perform in accordance with the terms of this Contract. Provider warrants that each delivered and installed product will be in good operating condition on the day it is accepted. If any delivered material or product is not in good operating condition on the date of installation, Provider will make adjustments. repairs, and replacements necessary to place the product or material in good operating condition as promptly. as possible after installation. If Provider cannot make the system operable after adjustment or repairs within 5 days of installation, Provider will install new hardware and/or software. THE LIMITED WARRANTIES SET FORTH IN THIS SECTION, AND THIS CONTRACT, ARE MADE TO CLIENT EXCLUSIVELY AND ARE IN LIEU OF ALL OTHER WARRANTIES. PROVIDER MAKES NO OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH REGARD TO ANY HARDWARE, SOFTWARE OR THE SERVICES PROVIDED UNDER THIS CONTRACT, IN WHOLE OR IN PART. PROVIDER EXPLICITLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROVIDER EXPRESSLY DOES NOT WARRANT THAT ANY SOFTWARE OR ANY HARDWARE WILL BE ERROR -FREE, OR WILL OPERATE WITHOUT INTERRUPTION. CLIENT WAIVES ANY CLAIM THAT ANY OF THESE WARRANTIES OR THE REMEDIES PROVIDED UNDER THIS CONTRACT FAIL OF THE ESSENTIAL PURPOSE FOR WHICH THE WARRANTIES OR REMEDIES ARE PROVIDED. • Brows County, Texas - Kofile Technologies, Inc. Agreement 2017 Page 8 of 22 vol. 3y I pg. 0 29.0 CARE AND USE Client shall protect the hardware and software furnished by Provider from deterioration other than normal wear and tear. During the period of this Contract, Client shall not use the systems furnished by Provider according to the Contract for any other purpose other than that for which they were designed and only for the purposes intended for the performance of this Contract. Parties agreed that the cost of hardware maintenance service is included in the charges as stated in Exhibit "A." Provider assumes the obligation to repair and maintain such systems in good operating condition and repair at all times during the term of this Contract, subject to the risk of loss provision below. The Client shall not, without prior written consent of Provider, affix or install any accessory equipment or device on the hardware that will either impair the originally intended function or use of such hardware. Client will not move the hardware or permit the removal of any hardware from the original installation site without Provider's prior knowledge. Notwithstanding any provision in this Contract to the contrary, the parties agree that Provider will bear the risk of loss or damage to any hardware while in transit to Client installation site(s). Client will bear all risk of loss or damage to hardware after delivery to the installation site(s), unless the loss or damage is due to the negligence or willful acts of Provider, its employees, agents, representatives, or subcontractors. "Exhibit E" outlines the Service Level Availability to support the Vanguard Records Management system. 30.0 SUPPORT Provider has its primary customer support and development center in Dallas, Texas. This center only supports Provider's products and services. It handles hardware and software calls. Provider serves as the single point of contact for all support and maintenance issues for its customers. "Exhibit E" outlines the Service Level Availability to support the Vanguard Records Management system. Provider's philosophy is to insure that if a customer has a problem they can access the customer support center by its online Help Desk. All problems identified by submittals to the Help Desk shall be resolved within a reasonable amount of time. Provider will login to the records management and imaging system and perform proactive support as well as normal maintenance and software problem resolution. Provider will guarantee a response or resolution within a reasonable amount of time. Provider will maintain in conjunction with the system design specification a problem log that details all customer requests; regardless as to whether they are scope issues, software problem reports or enhancement requests. This log shall be available to all customer and project personnel at all times. Each issue identified in the log will contain a date of submission and the name of the person submitting the request. As a function of Provider status reports. Provider will provide a summary of the number of issues opened. the number of issues closed, issues requiring management attention (such as contractual issues), and copies of all resolved issues (resolution forms) from the previous month. It is the intention of Provider to have all issues resolved as soon as possible. Brazos County. Texas - Koffle Technologies, Inc. Agreement 2017 Page 9 of 22 Vol. Pr' 31.0 TITLE TO RECORDED MEDIA It is expressly agreed by Client and Provider that title to all media recorded pursuant to this Contract, in any form, (including, but not limited to: silver halide microfilm, hard disks, Internet images, and any other magnetic recording) shall belong to the County Clerk of Brazos County. 32.0 DEFAULT The occurrence of any one or more of the following events shall constitute a default under this Contract: a. Failure by Provider to perform any term, covenant or condition of this Contract, which default shall continue for a period of thirty (30) days after Client furnishes Provider written notice of such failure to perform; b. Failure of Provider to repair or replace faulty or malfunctioning equipment, products, or materials within 48 hours of receipt of notice from the County Clerk, or failure of Provider to furnish adequate and proper training or retraining of Client's employees as deemed reasonably necessary by the County Clerk for Client to properly use the hardware and software of Provider; c. Failure of Provider to furnish the necessary hardware or software to site of Client as agreed upon herein; d. Except as provided herein, failure of Provider to protect from dissemination, without Client's prior written consent, the data which is indexed and stored by Provider; • e. Failure by Client to pay payments or other amounts payable by Client under this Contract pursuant to the Texas Government Code §2251.021; f. Failure by Client to perform any term, covenant or condition of this Contract, which default shall continue without the commencement of a cure, for a period of thirty (30) days after Provider furnishes Client written notice of such failure to perform. 33.0 REMEDIES UPON DEFAULT Client reserves the right to enforce the performance of this Contract, in the event of a breach, in any manner prescribed by law. Provider shall reimburse Client for all reasonable costs and reasonable expenses incurred in connection with the Client's enforcement of any right or remedy under this Contract. including reasonable attorney's fees. Brazos County, Texas-Kofile Technafogtes, Inc. Agreement 2017 Vol. a' Pg. ds(Q9‘ Page 10 of 22 Client shall reimburse Provider for all reasonable costs and reasonable expenses incurred in connection with the Provider's enforcement of any right or remedy under this Contract, including reasonable attorney's fees. Breach of Contract or default by Provider authorizes Client to terminate this Contract. 34.0 LIMITATION OF LIABILITY NEITHER PARTY SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND RESULTING FROM THE PERFORMANCE OR NON-PERFORMANCE OF OBLIGATIONS UNDER THIS CONTRACT EVEN IF THOSE DAMAGES ARE ATTRIBUTED TO BREACH OF THIS CONTRACT, TORT, NEGLIGENCE, OR OTHER CAUSE OF ACTION. THE PARTIES AGREE THAT THIS LIMITATION SHALL APPLY EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF NON -DIRECT DAMAGES OR IF, UNDER APPLICABLE LAW, NON -DIRECT DAMAGES ARE CONSIDERED TO BE DIRECT DAMAGES. PROVIDER SHALL NOT BE LIABLE FOR ANY FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS FROM THE HARDWARE, SOFTWARE, OR SERVICES PROVIDED UNDER THIS CONTRACT. CLIENT ACKNOWLEDGES THAT PROVIDER HAS SET ITS PRICING AND ENTERED INTO THIS CONTRACT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTY AND DAMAGES SET FORTH IN THIS CONTRACT, AND THAT THE THESE LIMITATIONS AND DISCLAIMERS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. EXCEPT FOR SERVICE FEES AND AMOUNTS EXPRESSLY DUE AND PAYABLE TO PROVIDER UNDER THIS CONTRACT, IN NO EVENT SHALL EITHER PARTY TO THIS AGREEMENT BE LIABLE TO THE OTHER PARTY FOR ANY CLAIMS, PENALTIES OR DAMAGES, WHETHER IN CONTRACT, TORT, OR BY WAY OF INDEMNIFICATION, IN AN AMOUNT EXCEEDING FIFTY PERCENT (50%) OF THE FULL PRICE OF THIS CONTRACT. 35.0 NOTICES Any notice required or permitted under this Contract shall be in writing and sent by certified mail, personal delivery, or overnight courier to the following: Client: Honorable Karen McQueen Brazos County Clerk Brazos County Courthouse 300 E. 26th Street, #120 Bryan, Texas 77803 36.0 RETURN SOFTWARE TO PROVIDER Provider: Kofile Technologies. Inc. 6300 Cedar Springs Road Dallas, Texas 75235 Attention: John Woolf Upon the termination, regardless of cause, or expiration of this Contract, Client shall within ten (1 0) days of such termination or expiration, return all software furnished herein to Provider. Within fifteen (15) days immediately following such termination or expiration of this Contract, a representative of Provider shall have the right to go onto Client's premises, access all hardware furnished by Provider and remove from such hardware, hard -drives, and software furnished by Provider that has been downloaded onto such hardware. 37.0 MISCELLANEOUS Brazos County, Texas - Kofife Technologies, Inc. Agreement 2017 Page 11 of 22 Vol. 34k pg.2LQ3 If any provision of this Contract is held to be illegal, invalid, or unenforceable, that provision shall be severed or reformed to be enforceable and the remaining provisions hereof shall remain in full force and effect. This Contract embodies the entire contract of the parties with respect to the subject matter hereof. This Contract cannot be modified except by written amendment or change order signed by both parties hereto. This Contract shall be construed and enforced in accordance with the laws of the State of Texas, and performable in Brazos County, Texas. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Contract on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. For the purpose of this original Contract, time is of the essence. EXE TED in two (2) originals in Brazos County, Texas on this the /v day of ,2017. CLIENT: Brazos County, Texas Brazos County Courthouse 300 6th Street By: Duane a ers, County Judge Acting on behalf of, and by the authority of The Commissioners Court of Brazos County, Texas ATTEST: (fie. Kare McQueen. Brazos County Clerk PROVIDER: Kofile Technologies, Inc. 6300 Cedar Springs Road Dallas, Texas 75235 Johr(li.iNoolf, CFO Brazos County, Texas - Kofile Technologies. Inc. Agreement 2017 Page 12 of 22 Vol. Pg. �(O_i EXHIBIT "A" PRICING I. Full Service Computerized indexing: Real Property Records Price Per Instrument Per Month: $ 2.31 per instrument number. In the year 2016, the Brazos County Clerk averaged paying $7,400.00 per month for Full Service Computerized Indexing for Real Property Records. Monthly prices fluctuate depending on the number of instruments filed in the County Clerk's Office each month. Average Monthly Cost: $7,400.00 per month. II. Optical Imaging System: Real Property Records and Vital Statistic Records Flat Monthly Cost: $5,978.00 per month. III. Internet Distribution Revenue: Kofile will rebate 50% of all revenue generated from the Brazos County data maintained, compiled and distributed by Kofile on behalf of Brazos County Clerk. Monthly rebate will be applied in the form of a deduction to the monthly Kofile invoice. Estimated Monthly Revenue distributed to Brazos County: $2,300 per month. The above (items I and II) includes the following: 1. Computer hardware, software, hardware upgrades, software upgrades. training, and maintenance. .2. Full Service Indexing of Real Property records filed daily. Daily indexing services include: a. 12- to 24 -hour turnaround on Daily Indexing b. Key & Blind Re -Key Verification of all Documents c. Document Code Consolidation 3. Creation of 16 mm microfilm from daily new filed document digital images: This backup security microfilm copy will be stored in Kofile's vault in Dallas, TX. 4. OPTICAL CHARACTER RECOGNITION (OCR) —OCR processing of ALL existing historical Real Property images that currently reside on the ACS 20/20 system. These images will be processed and loaded to the Vanguard Records Management allowing key word searching of all historical records. All existing data conversion and this OCR processing is included in the quoted Vanguard Records Management pricing at no additional cost Brazos County, Texas - Kofile Technolog' c.Areem1ent 2017 Page 13 of 22 Vol. x-11 pg. a ti25-1 5. All supplies: Paper, toner cartridges, binders and related consumables. 6. Storage of all Brazos County Clerk's existing records security microfilm in a temperature/humidity controlled vaults for safekeeping and backup. 7. Storage of Grantee/Grantor indices on magnetic tape for security backup and safekeeping. 8. All Brazos County existing data from January 1, 1955 forward will be converted to Kofile's format and loaded into your new system and Internet. 9. All available Real Property images will be maintained and distributed on-line at Kofile's designated web site dedicated to Brazos County Clerk's office. III. Total Average Monthly Billing: $12,700.00 Full Service Computerized Indexing of Real Property Records, and Optical Imaging System for Real Property Records and Vital Statistic Records SPECIAL NOTE: Subject to the "Care and Use" provision in the Contract, Provider is responsible for all hardware maintenance, including but not limited to the backing up of the hard -drive on all equipment leased hereunder. In the event that a hardware component is damaged or not working properly, it is Provider's full responsibility to replace the damaged component/equipment for the County in the most efficient and timely manner. In the unlikely event that the hard drive of the server is damaged, Provider has the capability to load down all index information and images onto another server and replace the damaged one in the most efficient and timely manner. Brazos County, Texas - Kofile Technologies, Inc. Agreement 2017 Page 14 of 22 Vol. al Pg.1 EXHIBIT "B" HARDWARE CHECKLIST Kofile has estimated the size of the Brazos County Clerk's new Land Records System. Based on the current need, Kofile will provide: Two (21 Full Scanning Workstations (one with a large 17" flatbed) Eight (8) Full Cashiering Workstations Twelve (12) Public Workstations (with future possibility of more) Three (3) High Speed Duplex Laser Printers One (1) High Quality Map/Plat Scanner and Printer 36 inch One (1) Podium Wide Kiosk Public Station I 14TY ITEM WORKSTATION PC :22 'Optiplex 7440 MO 23.8" Desktop PC . j17-6700,16GB RAM, M.2 128GB SATA SSD, DVD_RW, WiFi 8 'Dell Wireless Keyboard & Mouse Combo KM714 HARDW SCHEMATIC'S PRINTERS 1 Paradigm EIS Supra Wide Format Scan/Copy/Print System —Plot Scanner/Printer 3 IHP laserlet Enterprise M605DN—Printer Monochrome, Duplex, Letter, Legal, 600 Sheet Capacity 2 BHP Input - Media Tray/Feeder - 500 Sheets 1SPECIFICATIONS 'SCANNERS .Canon 1PF170, Scanner: Graphiec (5X530 , PC: Acer Veriton Z26606 .I it 'Fujitsu 11.7180 Color & Mono Desktop Document Scanner Fujitsu 0-6770 Color 8 Mono Desktop ,Document Scanner IKIOSK Duplex - 8,5x14.600 dpi x 600 dpi - ≤80 ppm (mono or color) - ADF (80 sheets) • ≤6,000 scans/day - USB 3.0 _ Duplex - 12x18 - 600 dpi x 600 dpi • ≤40 ppm (mono or color) - ADF (200 sheets) - ≤15,000 scans/day - USB 2.0, SCSI 1 :P2 Podium Wide Kiosk, Silver 'Kiosk IE-SS-KB SS Keyboard http://www iekiosk.com(podium-stands.htm _l___ .Keyboard with SS trackball, metal bottom cover, mounting shelf, & kbd arm :Bracket for Kiosk Signuge •Top Mounted Sign Bracket '.ACCESSORIES .8 ;Topaz SignatureGem LCD 4X3 'Signature Pod & Card Reoder/3 Truck MSR (TM-LBK755SE-HSB-R) 22 'APC BACK-UPS ES 750 - UPS - 450W -150 VAlBattery Backup Brazos County. Texas - Kofile Tecchnologies, Inc. Agreement 2017 Page 15 of 22 Vol. t79t` Pg. _a(o1 - 1 :CASH DRAWER 6 'APG Vosurio 1616 (VB320-BL1616) (Color: ' 16.2Wx16.30x4.3H, 320 MuItiPRO Interface for 24V printer & terminal, 'Block) :Dual Media Slots, Fixed Till 5 billj5 coin. Coates separate. (SOFTWARE 8 Microsoft ice —STD 2016 OLP ;Office Open License 8 !Adobe Acrobat Standout DC 1 Year Subscription 1 Btncklce TIFF Writer (1 License) STIFF Print Driver (used for TERs) ,RMM 8 !MAX FOCUS RMM • (Per Month) .1 .Remote Monitoring Management - S1 'Monuged Antivirus - Si Web Protection - SI .Backup & Recovery - S 0.50 Per GB Brazos County, Texas—Kafile Technologies, Inc. Agreement 2017 Page 16 of 22 Hof. at -1 t p9. L EXHIBIT "C" BRAZOS COUNTY PROCESSING The following is a step-by-step process for the operation of the Brazos County Clerk's office for Real Property Records with the new equipment. 1. After a document has been filed through cashiering, it is ready to be scanned. The document number and the number of pages are passed through the system to the scanning station. The Client has the option to scan the image immediately or wait until it receives a range of instruments to scan. The programs can run reports on which documents were scanned for the date and let you know if any numbers were skipped. The Client also has the ability to rescan if an image didn't scan properly onto the system. Once the Client saves that image to the system, it is ready to be viewed by the instrument number. 2. When the Client is done scanning for the day, they will transmit the daily images (documents) to Kofile. The images will be transferred to Kofile by DSL, ISDN, or modem line, whichever is available and most feasible, to be indexed. Once Provider receives these images, it will return the index back to Client the next day. Provider will blind verify the indexing, and create a roll of security microfilm to be stored in our temperature/humidity-controlled vault. 3. The index information will attach to the proper images that coincide with that instrument. At that moment, the instrument is ready for search by the public. 4. Provider will transmit the electronic Grantor/Grantee indices to Client, the next day, after Provider receives the scanned images. Electronic Recording System Kofile will implement the Electronic Recording Program into the recording and indexing process. Kofile shall fulfill the following duties and obligations in support of the electronic recording system. a. Kofile will be responsible for providing, supporting, and maintaining the electronic recording system software and the interface to the Vanguard System. C. b. Kofile will ensure that electronic recording system is secure and that once documents are received, they remain immutable until such time as they are recorded. C. Kofile will work with the Submitting Company and County to resolve issues encountered in the Electronic Recording Process that are within the scope of the system and software used to support the Electronic Recording Program. Brazos County, Texas - Kofile Technologies, Inc. Agreement 2017 Page 17 of 22 Vol. 1 P9. ag-q-_� d. Kofile will also enable a direct filing procedure and link for local submitters to file directly into the Brazos County system eliminating e -recording processors such as ACS eRX, Simplifile, Ingeo, etc. e. Kofile will maintain an audit trail of documents received, the source received from, dates and times received, receipts received, receipts transmitted, and any errors encountered. The aforementioned duties and obligations will be fulfilled in a timely fashion at Kofile's expense. County shall fulfill the following duties and obligations. a. County shall protect the integrity of the recordation process through ongoing monitoring of documents received and recorded through the Electronic Recording Program. b. County (and, if applicable, any third -party providers retained by County) will work with Kofile to install, configure, and administer the necessary infrastructure components to facilitate the Electronic Recording Program. c. County (and, if applicable, any third -party providers retained by County) shall . test and maintain the software and hardware required to operate the Electronic Recording program. d. County shall apply the same level of diligence in handling documents submitted electronically as those submitted through the normal paper process, The aforementioned duties and obligations will be fulfilled in a timely fashion at County's expense. Brazos County. Texas - Kofile Technologies, Inc. Agreement 2017 Page 18 of 22 Vol. 1 pg. %O EXHIBIT "D" FULL SERVICE COMPUTERIZED INDEXING OF LAND RECORDS Provider utilizes a virtually error -free procedure for the entering of land records index data involving a combination of 100 percent key verification, machine editing procedures that will catch alphabetic data in numeric field and vice versa as well as machine checks for missing instrument numbers, missing parties to the document, et cetera, intensive operator training on documented reference materials for key entry personnel. The computerized indexing services includes an alphabetic listing of the Grantors, an alphabetic listing of the Grantees, a "Missing Numbers Report" to account for all the Clerk's instrument numbers showing all the documents indexed in each group of documents submitted by Brazos County Clerk. The Grantor/Grantee index output reports have the following specifications: 1. The names fields are 40 characters to minimize the need for operator judgments on abbreviations and to assure a truer alphabetic sort procedure. 2. The type of document field has 20 characters to prove adequate room to spell out most document types and certain combination document types. 3. Case numbers and money amounts are shown on all index entries for abstracts of judgements and tax liens. 4. Money amounts are shown on deeds of trust index entries. 5. Prior document references on assignments and releases are shown on the index report. If both volume and page prior document reference and a money amount are shown on the same document, the volume and page prior document reference will take priority over the money amount with respect to the information printed on the index report. 6. The page format of the data prominently displays the inclusive certification dates for the index series at the top of each page. 7. If requested by the Brazos County Clerk, all properties described on a document are shown on the index, regardless of number. 8. Provider will furnish a quarterly index print out and the necessary sectional post binders of a plastic or poly material comparable in quality and style to those currently in use by the Client. Alphabetic and "current" divider tabs and customized printing or labeling of the binders are also included. 9. Each quarterly index will be merged with the prior quarter(s) index. All quarterly indices will be merged to create a year's index. At the end of each year, that year's index is merged with the previous years' indices. The indices are merged in five (5) year periods, then the two (2) five-year merges are merged into a 10 -year merge. Index output will be printed two sided. Brazos County, Texas-Kofi/e Technologies, inc. Agreement 2017 Page 19 of 22 vol. (4 Pg.._ EXHIBIT "E" SERVICE LEVEL AVAILABILITY Support staff are always available to answer questions or solve issues in either hardware or software. They are trained to handle any type of problem and understand the need to use simple, easy to follow instructions when stepping a customer through a problem. Kofile's goal is to resolve reported issues in the reported business day —whether received via customer phone, email, or Internet. Users can issue support tickets on the Internet via web interface, and track status and resolution on-line, without needing to pick up the phone. 1. Vanguard Records Management Service Availability The Kofile Service Availability commitment is 99.5% per quarter. Service availability is calculated as: ► total minutes in a quarter ► (-) less the planned outage and unplanned outage times ti (I) divided by total minutes ► (-) minus the planned outage time Planned outages are scheduled outages where Kofile performs system maintenance activities. Kofile will only schedule these outages off hours. For Public Search which is available 24x7, Kofile will not perform any planned outages before 9:00 P.M. CST on business days (weekends and Federal Holidays are available for planned outages.) Since the County can deploy updates to its configuration instance at a time of its choosing, deployments to the Brazos County configuration instance that are County - requested and done during business hours are considered planned outages. 2. Vanguard Records Management Service Response Time Fifty percent (50%) of all transactions will occur in three seconds or less and not more than 10% will take six seconds or more. Transaction times are measured as time required for a transaction to process from the web browser. Kofile provides response time reports on demand but no more than once per month. 3. Hardware Support All software maintenance and support is provided by Kofile. The manufacturer provides certain hardware maintenance when a warranty is applicable. Any OEM warranties on hardware are passed onto Brazos County. Kofile shall repair or replace a covered hardware component that has been determined to be defective at its option with new or reconditioned equipment. The customer agrees to assist Kofile in determining corrective action necessary to resolve malfunction. This may require an on - site visit by a Kofile representative or a third -party representative authorized by Kofile. Kofile relies on the hardware manufacturer's warranty service agreement for hardware defects. Should the customer elect to acquire premium services most manufacturers provide upgraded gold support (response is less than four hours) service. Optionally, Brazos County. Texas - Koflie Technologies, Inc. Agreement 2017 Page 20 of 22 Vol. _�`7-t� pg. critical components may have on -site replacement and/or redundant components/servers to increase availability at all times. 4. Kofile Service Update Process and County Notifications Kofile periodically updates the Vanguard Records Management service modules to deliver enhancements or defect remedies. The County is notified prior (no less than 60 days) to any update made to the service. All updates are deployed off hours. Updates are made to the Kofile staging environment where the County's configuration instance is tested prior to application of the service update. 5. Customer Service Availability Kofile support staff are available during the County's business hours with a buffer of 30 minutes before and after closing. Off -hour support is available and is initiated by an agreed to County resource who will have direct contact with Kofile support management. Customer Service staff may be reached via telephone, email, chat or via the Kofile internet accessible support ticket system. 6. Customer Service Response Time All customer cases must be reported to the Kofile Support Organization. Kofile will manage each case in the timelines established in this SLA and will use reasonable efforts to resolve each case. Actual resolution time will vary depending on the nature of the case and the resolution. 7. Case Severity Levels A. Severity Level 1 ► The Vanguard Records Management service is unavailable. Response time commitment is 30 minutes. ► Escalation of a Severity Level 1 case is one (1) hour from opening of the case. B. Severity Level 2 ► The Vanguard Records Management service contains a defect that prevents the County from performing one or more critical business activities and results in significant negative impact to the county and there is no acceptable workaround. ► Response time commitment is 30 minutes. ► Escalation of a Severity Level 2 case is four (4) hours from opening of the case. C. Severity Level 3 The Vanguard Records Management service contains a defect that prevents the County from performing one or more important business activities. A workaround exists but is not acceptable as a solution. ► Response time commitment is four (4) hours. Escalation of a Severity Level 3 case is based upon customer request. Kofile will provide a timeline for when a fix is included in the product without escalation. Brazos County. Texas -Kofile Technologies. Inc. Agreement 2017 Page 21 of 22 Vol. 3'-1 Pg. g-13 r D. Severity Level 4 ► The Vanguard Records Management service contains a defect that is minor or infrequent, and an acceptable or the defect does not impair the County's ability to conduct business. ► Response time commitment is 24 hours. ► Escalation of a Severity Level 4 case is based upon customer request. Kofile will provide a timeline for when a fix is included in the product without escalation. &azos County, Texas — Kofile Technologies, Inc. Agreement 2017 Page 22 of 22 Vol. Pq. 22-q— AMENDMENT NO. 1 TO THE CONTRACT FOR FULL SERVICE COMPUTERIZED INDEXING, OPTICAL IMAGING SYSTEMS AND SERVICES FOR VITALS AND REAL PROPERTY RECORDS BRAZOS COUNTY, TEXAS STATE OF TEXAS COUNTY OF BRAZOS § KNOW ALL MEN BY THESE PRESENTS: This Amendment No. 1 to the Contract for Full Service Computerized Indexing, Optical Imaging Systems and Services for Vitals and Real Property Records (herein the "Contract"), is made and entered into by and between BRAZOS COUNTY, a political subdivision of the State of Texas, on behalf of its County Clerk, hereinafter referred to as "Client" or "Brazos County", and KOFILE TECHNOLOGIES, INC., 6300 Cedar Springs Road, Dallas, Texas 75235, hereinafter referred to as "Provider" or "Kofile", individually referred to as "party" and collectively as "parties". WHEREAS, this Amendment changes the Term of Contract from date of signature to the date of the first month of System Go -Live and initiation of billing charges. Therefore, this Contract commenced on January 1, 2018 and shall expire 5 years from said date or on December 31, 2023 subject to the annual appropriation of currently available funds by the Brazos County Commissioners Court. Client shall have three consecutive twelve-month renewal options to commence upon expiration of the previous term. The Client shall notify the Provider in writing of its decision to exercise this option 30 days prior to the expiration of the original term or a renewal term. Such renewal terms or any other contract change shall be negotiated at that time. E By: Duane Peters, County Judge Acting on behalf of, and by the authority of , on this the day of October 2019. The Commissioners Court of Brazos County, Texas By: Johnoolf, Executive Vice President Page 1 of 1 Brazos County, Texas -Kofile Technologies. Inc. Agreement Vat. 3LU Pg. P Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 September 2, 2021 Southwood West, A Texas General Partnership 14375 East Montgomery Rd Scottsdale, Arizona, 85262 Re: Renewal of Contract #22-027R for Lease for Precinct 1, Constable Brazos County appreciates the office space that your company has provided and would like to exercise the renewal option for Renewal of Contract # 22-027R, Lease for Precinct 1, Constable, previously known as Contract #21-002R, 20 -002R,19 -010R,18 -013R and 17-229. All terms, conditions, and pricing shall remain the same. This renewal term will be for one year starting October 1, 2021 through September 30, 2022. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to cnava@brazoscountytx.gov. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361-4492. Contact Name: _Susan McDowell Telephone: 979.229.7442 E -Mail: rookiemom90@hotmail.com Fax: SOUTHWOOD WEST 09/03/2021 A oriz Signature Date Duane Peters, County Judge Date Vol. 341 Pg. 0:1(e LEASE PRECINCT 1, CONTABLE'S OFFICE This lease is made and executed in duplicate between SOUTHWOOD WEST, a Texas General Partnership, 4101 Texas Avenue, Suite B, Bryan, Texas 77802, as "Lessor", and BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, 200 S. Texas Ave., Suite 332, Bryan, Texas 77803, as "Lessee". I. Description of Premises Lessor leases to Lessee a portion of that certain single store building, said portion to be rented shall be referred to in this lease as the demised premises, situated at 12845 FM 2154, Suite 140, in the City of College Station, County of Brazos, State of Texas, and is more particularly described on Exhibit "A" appurtenances in connection with the premises. The demised premises shall have assigned Space #140. The demised premises shall be at least 1625 sq. ft. in size. The building is to be handicap accessible in accordance with ADA standards. II. Term The initial term of this lease shall be for a period of twelve (12) months commencing on October 1, 2016 and terminating on September 30, 2017 (the "Initial Term"). This lease may be renewed five (5) times after the expiration of the Initial Term for a one (1) year term, each renewal term to be effective October 1, of the year of renewal. Each renewal term shall be number with renewal option 1 commencing on October 1, 2017 and being numbered consecutively thereafter with renewal option 5 commencing on October 1, 2021 and termination on September 30, 2022. Lessee shall notify Lessor in writing of its intent to renew the lease 90 days prior to the then current lease term expiring. All renewal terms shall be on the same terms and conditions set forth herein. III. Rental Lessee agrees to pay Lessor as a fixed, minimum monthly rental for the Initial Term of this lease and all renewal terms, at such place as lessor may from time to time designate an amount equal to $1.04 per sq. ft. of occupied space of $1,690.00. Said rent is payable in monthly installments on the first day of each month for the term of the lease. Iv. Occupancy and Acceptance of Premises By entering into and occupying the demised premises, the Lessee shall be deemed to acknowledge that the demised premises are in good condition and repair and that the building has been constructed substantially in accordance with the approved plans and specifications 1 VoL Pg. therefore. The entering upon the demised premises by Lessee for the purpose of the installation of trade fixtures, furnishing, and equipment shall not be construed as an acceptance of the demised premises. V. Use of Premises Lessee shall use the demised premises for a Constable's Office and no part of the demised premises shall be used for any other purpose without Lessor's prior written consent. VI. Signs: Exterior Lighting and Fixtures Lessee shall have the exclusive right to erect and maintain upon the exterior and interior of the demised premises,- at its own expense, all signs, subject to the City of College Station's sign ordinance, necessary or appropriate to the conduct of Lessee's business. VII. Alterations, Change, and Additions No structural changes, alterations, or additions shall be made by the Lessee to the demised premises without Lessor's prior written consent, and any such structural change, alteration, or addition to or upon the demised premises made with Lessor's prior written consent shall remain for the benefit of and become the property of the Lessor, unless otherwise provided in the written consent. VIII. Defects; Defective Condition; Wind; Acts of Third Persons Lessor shall be liable to Lessee for any damage or injury to Lessee or Lessee's property occasioned by any defect or plumbing, heating, air-cooling, air-conditioning equipment and ducts, electric wiring or insulation thereof, gas pipes, or steam pipes, or from the backing up of any sewer pipe, or from the bursting, leaking, or running of any tank, tub, washstand, water closet, or waste pipe, drain, or any other pipe or tank in, upon, or about the demised premises, or for any such damage or injury occasioned by water being upon or coming through the roof, walks, or any other place upon or near the demised premises unless Lessee neglects or fails to provide written or oral notice (in case of emergency) to Lessor. IX. Casualty Damage; Repair; Abatement of Rent a) Use of partially damaged premises: In the event of a partial damaging or destruction of the demised premises, Lessee shall continue to utilize the premises 2 Vol. Pg. ?I?? for the operation of its business to the extent that it may be practicable to do so from the standpoint of good business. b) Right to terminate on destruction of one-third of premises: Either party to the lease shall have the right to terminate this lease, if the building is damaged to an extent exceeding one-third of the then reconstruction of such building as a whole; provided that, in such an event, such termination of this lease shall be effected by written notice to that effect to the other party delivered within five (5) days of the happening of such casualty causing the damage. c) Reduction of rent during repairs: In the event Lessee continues to conduct Lessee's business during repairs, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the premises bears to the whole premises. No rental shall be payable while the building is wholly unoccupied pending repair of casualty damage. X. Repairs Generally a) By Lessor: The Lessor shall, at its own costs and expense, repair any damage to the demised premises occasioned by termites, dry rot, mold or fungus, and maintain the roof and exterior walls, air-conditioning equipment of the demised premises in good repair at all times, and will further keep and maintain all underground plumbing in good order and repair, but not including the repair of plumbing stopped up by reason of foreign matter introduced into the plumbing fixtures. Lessor shall have no obligation to make any of the repairs required in the Section unless and until there has been served upon Lessor by the Lessee at least three (3) days' notice in writing, advising the Lessor of the necessity of the repair or repairs. The phrase "exterior walls" as used here shall not be so construed as to require the Lessor to make repairs to the interior surfaces of the walls. b) By Lessee: Lessee shall, at its own cost and expense, keep and maintain all of the demised premises, including but not limited to exterior entry and exit doors, ornamental facing, place glass, in or on the demised premises, in good order, condition, and repair, an in compliance with all applicable laws and regulations, during the entire term of this lease, except for those repairs required of the Lessor to be made and damage occasioned by fire, earthquake, or other cause or causes as provided for in Section IX of this lease. c) Emergency repairs: Notwithstanding the provisions of Section IX, in the event repairs which the Lessor is required to make under the lease become immediately necessary in order to avoid possible injury or damage to persons or property, the Lessee shall be entitled to make such repairs at a cost not to exceed $1,000.00 for the account of the Lessor without giving the required notice. 3 �� 6. Pg.2 9 XI. Utilities and Services Lessee agrees to pay before delinquency all charges for water, gas, heat, electricity, power, janitorial services, and other similar charges incurred by Lessee with respect to and during its occupancy of the demised premises. XII. Insurance a) Insurance companies: Lessor agrees that any and all policies of insurance to be kept and maintained by the respective parties to the lease shall be obtained from good and solvent insurance companies rated A VII or better by the then current Best's Key Rates Guide, and licensed to do business in the State of Texas. Lessee agrees to keep and maintain in force insurance as required by law for counties. b) Lessee to obtain liability insurance: Lessee agrees that it will, at its own expense, at all times during the term of this lease, maintain in force a policy or policies of insurance as required by law for counties. c) Lessor to obtain fire insurance on premises: Lessor agrees to maintain in force, at all times during the term of this lease, a policy or policies of fire and casualty insurance to the extent of at least 100% of the insurable value of the demised premises. If permitted without additional charge, Lessor shall cause to be endorsed on its fire insurance, and any extended coverage policy or policies, the waiver of right of subrogation. Lessor shall pass through to Lessee the increase in cost of such insurance policy over the premiums payable for the year 2003 pro- rated based upon the percentage of the building occupied by Lessee. Such incremental increase shall be payable upon 30 days written notice. Accompanied by proof of the increase in premium. d) Lessee's waiver of casualty insurance proceeds: In the event the demised premises shall be damaged or destroyed by fire or other casualty so insured against, Lessee agrees that it will claim no interest in any insurance settlement arising out of any such loss where premiums are paid by Lessor, or where Lessor is named as the sole beneficiary, and that it will sign any and all necessary and relevant documents required by Lessor or the insurance company or companies that may be necessary for use in connection with the settlement of any such loss to the extent allowed by law. XIII. Transfer or Pledge of Leasehold Interest Lessee shall not assign this lease or any interest in the lease, or sublet the demised premises or any part, without first obtaining Lessor's written consent. 4 Vol. �1 Pg. a(2),d 1 XIV. Surrender of Premises Lessee shall, at the termination of this lease, vacate the demised premises in as good condition as they are in at the time of entry on the premises by Lessee, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Lessee, and upon vacating shall leave the demised premises free and clear of all rubbish and debris. XV. Subordination Agreement Lessee is given the right to make payment of any defaults under any and all trust deeds or liens of record on the demised premises, and to receive reimbursement for such payment by deducting and crediting from and against rentals becoming due under this lease. XVL Lessor's Right of Inspection and Repairs Lessor shall have access to the demised premises and each and every part during Lessee's regular business hours for the purpose of inspecting the same and making repairs to the demised premises. Lessor shall give Lessee three (3) days written notice of its intent to make repairs to the demised premises except in the event of an emergency. XVII. Default by Lessee a) Lessor's right to repossess. operate. or relet: If the rental reserved by this lease or other charges to be paid under the lease by Lessee, or any part, are not paid when due and remain unpaid for a period of 15 days after notice in writing, or if Lessee fails to promptly perform any other covenant, condition, or agreement by it to be performed under the lease and lessee has not commenced a cure for such failure, or if Lessee abandons the demised premises, or if Lessee breaches any obligation under this lease to be performed by it which cannot be cured, then, and in any such event, Lessee shall be deemed to be in default and Lessor, upon 30 days written notice may at its option take possession of the demised premises. By legal proceedings, Lessor shall take, operate, or relet the premises, in whole or in part, for the account of the Lessee at such rental and on such agreement and conditions, and to such tenant or tenants as the Lessor in good faith may deem proper, for a term not exceeding the unexpired period of the current least term. Lessor acknowledges Lessor's obligation under law to mitigate damages to the Lessee by using reasonable efforts to relet the demised premises. Lessor shall receive all proceeds and rent accruing from such operation or reletting of the demised premises. Lessor shall apply these proceeds first, to the payment of all costs and expenses incurred by the Lessor in obtaining the possession of, and the operation or reletting of the premises, including reasonable attorneys' fees, commissions, and collections fees, and any alterations or repairs reasonably necessary to enable the Lessor to operate or relet the premises; and, second, to the payment of all such amounts as may be due or become payable under the provisions of this lease. The remaining balance, if any, given by the Lessor to the Lessee, shall be paid over to the Lessee at the expriation of the then current lease term of this lease or on the sooner termination by written notice of termination. b) Repossession or reletting not a termination: Lessor's right to terminate not forfeited: No repossession, operation or reletting of the premises shall be construed as an election by the Lessor to terminate this lease until a written notice of such intention is given by the Lessor to the Lessee. Notwithstanding any such operation or reletting without termination of this lease, the Lessor may at any time thereafter elect to terminate this lease in the event that the Lessee remains in default under the lease. c) Lessor's right to terminate lease: In the event of Lessee's default as stated in Subsection XIXa, Lessor may, at its option, without further notice, terminate this lease and any and all interest of Lessee and may then take possession of the demised premises by legal proceedings. d) Lessor's remedies cumulative: Each and all of the remedies given to the Lessor in the lease or by law are cumulative and the exercise of one right and remedy by the Lessor shall not impair its right to exercise any other right or remedy. XVIII. Default by Lessor The following shall be deemed events of default by the Lessor under this lease: a) Lessor shall fail to construct the demised premises (for a reason not the fault, in whole or in part, of Lessee). b) Lessor shall fail to perform its obligation and responsibilities to be performed under the Lease. XIX. Remedies of Lessee Upon an event of default as defined in Article XVIII above, Lessee shall have the right to terminate the Lease and shall be entitled to recover direct to sue for direct and consequential damages from the Lessor. Should the default be a default as described in Article XVIIIa., consequential damages shall be limited to expense incurred by Lessee if it cannot continue at its present location on a month to month lease. If required by its present landlord to sign a year's lease, Lessor herein will permit Lessee to move into the demised premises when completed and shall pay Lessee's monthly rent at its current location. 6 hid. 3l Pg._2Sa.._ r�, XX. Expense of Enforcement Should either party incur any expense in enforcing any covenants of this lease, each party shall bear its own costs unless otherwise ordered by a court of competent jurisdiction. XXI. Eminent Domain In the event any portion of the demised premises shall be taken for a public or quasi - public use, this lease shall terminate as of the date of the actual physical taking, at Lessee's option, and the parties shall then be released from any and all further liability under the lease. In the event Lessee chooses to ccntinue the lease, the Lessor shall, with reasonable diligence, proceed at its own expense to reconstruct or repair the demised premises and place the same in a tenantable condition within 30 days after the date of the actual physical taking. Abatement of rent: During any reconstruction or repairing as provided above, Lessee shall be required to pay only that proportion of the fixed minimum monthly rental reserved in the lease as the area of the demised premises remaining in a tenantable condition during such reconstruction or repairing bears to the entire area leased by this agreement. Upon completion of such reconstruction or repairing, the fixed minimum monthly rental reserved in the lease shall be premises, and thereafter Lessee shall be required to pay such adjusted fixed minimum monthly rental in accordance with the provisions of this lease. There shall be no abatement of any rental due until such time as there shall be an actual physical possession of the portion of the demised premises taken. Right to condemnation award: Any award made in any condemnation proceeding for the taking of any part or the whole of the demised premises shall be the sole property of and be paid to Lessor. XXII. Peaceful Enjoyment Lessor covenants and warrants that, subject to any trust deeds or mortgages now of record or in the future place of record, it is the owner of the demised premises, and that Lessee, upon payment of rents provided for in the lease and performance of the conditions, covenants, promises, and agreements to be performed by it, shall and may peaceable possess and enjoy the demised premises during the lease term without any interruption or disturbance. 7 VoL ,3d( XXVII. Effect of Waiver of Breach of Covenants No waiver of any breach or breaches of any provision, covenant, or condition of this lease shall be construed to be a waiver of any preceding or succeeding breach of such provision, covenant, or condition or of any other provision, covenant, or condition. XXIV. Time of the Essence Time is of the essence of each and every provision, covenant, and condition contained in this lease and on the part of the Lessee or Lessor to be done and performed. XXV. Headings for Convenience Only The headings used in this lease are for convenience and shall not be resorted to for purposes of interpretation or construction of this lease. XXVI. Venue This contract was entered into and is wholly performable in Brazos County, Texas. XXVII. Amendments to be in Writing This lease may be modified or amended only by a writing duly authorized and executed by both Lessor and Lessee. It may not be amended or modified by oral agreements or understandings between the parties unless the same shall be reduced to writing duly authorized and executed by both Lessor and Lessee. XXVIII. Parties Bound Each and every provision of this lease shall bind and shall inure to the benefit of the parties to the lease and their successors and assigns. XXIX. Holding Over No holding over and continuation of any business by the Lessee after the expiration of the lease term shall be considered to be a renewal or extension of this lease unless written approval of such holding over and a definite agreement to such effect is signed by the Lessor defining the length of such additional term. 8 vol. XXX. Notices All notices of demands of any kind which Lessor may be required or may desire to serve on Lessee under the terms of this lease may be served upon Lessee by mailing a copy by registered or certified mail, postage prepaid, addressed to Lessee at the address stated herein or addresses as may from time to time be designated by Lessee in writing to Lessor. Service shall be deemed complete within three (3) days after mailing of same. Any and all notices or demands from Lessee to Lessor may be similarly served upon Lessor at the address stated herein, or at such other address as Lessor may in writing designate to Lessee. Lessor: Southwood West, A Texas General Partnership 14375 East Montgomery Rd. Scottsdale, Arizona 85262 mcdowell@txcyber.com Lessee: Brazos County Duane Peters, County Judge 200 S Texas Ave, Suite 332 Bryan, Texas 77803 dpeters@brazoscountytx.gov Dated this. day of ATTEST: By: bber- , 2016. LESSOR: SOUTHWOOD WEST A Texas General Partnership By: Jeffery L McDowell Title: Duane Peters 9 Vol. 341 EXHIBIT "A" . - All of Lots FIVE (5) and SIX. (b), Block TWO (2), EDELWEISS BUSINESS CENTER, an • addition to the City of College. Station, Brazos County, Texas, according to the Plat thereof monied in Volume 5002, Page 151, Official Records of Brazos County, Texas. • Pg. a%c() Page 12 of 14 • EXHIBIT "B" • 1 e .7 7 , ,�.f y' Sr' Page 13 oft t tl !:t • EXHIBIT "C" Page 14 of 14 I Vo'. 341 _ Duane Peters, County Judge Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 September 2, 2021. Southwood West, A Texas General Partnership 14375 East Montgomery Rd Scottsdale, Arizona, 85262 Re: Renewal of Contract #22-028R Lease for Precinct 1, Justice of the Peace Brazos County appreciates the office space that your company has provided and would like to exercise the renewal option for Renewal of Contract # 21-003R, Lease for Precinct 1, Justice of the Peace, previously known as Contract #21-003R, 20-003R, 19-010R, 18-014R and 17-230. All terms, conditions, and pricing shall remain the same. This renewal term will be for one year starting October 1, 2021 through September 30, 2022. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to cnava@brazoscountytx.gov. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361-4492. Contact Name: Susan McDowell 979,229,7442 Telephone: E -Mail: rookiemom90@hotmail.com Fax: SOUTHWOOD WEST 09/03/2021 Authorized Signature Date Date VOL, <3I1 LEASE PRECINCT 1, JUSTICE OF THE PEACE This lease is made and executed in duplicate between SOUTHWOOD WEST, a Texas General Partnership, 4101 Texas. Avenue, Suite B, Bryan, Texas ' 77802, as "Lessor", and BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, 200 S. Texas Ave., Suite 332, Bryan, Texas 77803, as "Lessee". I. Description of Premises Lessor leases to Lessee a portion of that certain single story building, said portion to be rented shall be referred to in this lease as the demised premises, situated at 12845 FM 2154, Suite 180, in the City of College Station, County of Brazos, State of Texas, and is more particularly described on Exhibit "A" appurtenances in connection with the premises. The demised premises shall have assigned to it eight (8) permanent reserved spaces for Lessee. On days jury trials are scheduled, the Lessee shall be assigned an additional seventeen (17) temporary spaces for the length of the trial. Such spaces shall be designated with temporary signs on poles placed at the assigned temporary space. The location of the permanent and temporary spaces is set forth on Exhibit "B" attached hereto and made a part hereto for all purposes. The demised Premises shall be at least 2330 sq. ft. in size. The building is to be handicap accessible in accordance with ADA standards. IL Term The initial term of this lease shall be for a period of -twelve (12) months commencing on October 1, 2016 and terminating on September 30, 2017 (the "Initial Term"). This lease may be renewed five (5) times after the expiration of the Initial Term for a one (1) year term, each renewal term to be effective October 1 of the year of renewal. Each renewal term shall be number with renewal option 1 commencing on October 1, 2017 and being numbered consecutively thereafter with renewal option 5 commencing on October 1, 2021 and termination on September 30, 2022. Lessee shall notify Lessor in writing of its intent to renew the lease 90 days prior to the then current lease term expiring. All renewal terms shall be on the same terms and conditions set forth herein. III. Rental Lessee agrees to pay Lessor as a fixed, minimum monthly rental for the Initial Term of this lease and all renewal terms, at such place as Lessor may from time to time designate, an amount equal to $0.98 per sq. ft. of occupied space of $2,283.40. Said rent is payable in monthly installments on the first day of each month for the term of the lease. Vol. 341 Pg. a90 IV. Occupancy and Acceptance of Premises By entering into and occupying the demised premises, the Lessee shall be deemed to acknowledge that the demised premises are in good condition and repair and that the building has been constructed substantially in accordance with the approved plans and specifications therefore. The entering upon the demised premises by Lessee for the purpose of the installation of trade fixtures, furnishing, and equipment shall not be construed as an acceptance of the demised premises. V. Use of Premises Lessee shall use the demised premises for a Justice of the Peace Office and no part of the demised premises shall be used for any other purpose without Lessor's prior written consent. VI. Signs: Exterior Lighting and Fixtures Lessee shall have the exclusive right to erect and maintain upon the exterior and interior of the demised premises, at its own expense, all signs, subject to the City of College Station's sign ordinance, necessary or appropriate to :he conduct of Lessee's business. VII. Alterations, Change, and Additions No structural changes, alterations, or additions shall be made by the Lessee to the demised premises without Lessor's prior written consent, and any such structural change, alteration, or addition to or upon the demised premises made with Lessor's prior written consent shall remain for the benefit of and become the property of the Lessor, unless otherwise provided in the written consent. VIII. Defects; Defective Condition; Wind; Acts of Third Persons Lessor shall be liable to Lessee for any damage or injury to Lessee or Lessee's property occasioned by any defect or plumbing, heating, air-cooling, air-conditioning equipment and ducts, electric wiring or insulation thereof, gas pipes, or steam pipes, or from the backing up of any sewer pipe, or from the bursting, leaking, or running of any tank, tub, washstand, water closet, or waste pipe, drain, or any other pipe or tank in, upon, or about the demised premises, or for any such damage or injury occasioned by water being upon or coming through the roof, walks, or any other place upon or near the demised premises unless Lessee neglects or fails to provide written or oral notice (in case of emergency) to Lessor. 2 3`41 Pg. aql IX. Casualty Damage; Repair; Abatement of Rent a) Use of partially damaged premises: In the event of a partial damaging or destruction of the demised premises, Lessee shall continue to utilize the premises for the operation of its business to the extent that it may be practicable to do so from the standpoint of good business. b) Right to terminate on destruction of one-third of premises: Either party to the lease shall have the right to terminate this lease, if the building is damaged to an extent exceeding one-third of the then reconstruction of such building as a whole; provided that, in such an event, such termination of this lease shall be effected by written notice to that effect to the other party delivered within five (5) days of the happening of such casualty causing the damage. c) Reduction of rent during repairs: In the event Lessee continues to conduct Lessee's business during repairs, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the premises bears to the whole premises. No rental shall be payable while the building is wholly unoccupied pending repair of casualty damage. X. Repairs Generally a) By Lessor: The Lessor shall, at its own costs and expense, repair any damage to the demised premises occasioned by termites, dry rot, mold or fungus, and maintain the roof and exterior walls, air-conditioning equipment of the demised premises in good repair at all times, and will further keep and maintain all underground plumbing in good order and repair, but not including the repair of plumbing stopped up by reason of foreign matter introduced into the plumbing fixtures. Lessor shall have no obligation to make any of the repairs required in the Section unless and until there has been served upon Lessor by the Lessee at least three (3) days' notice in writing, advising the Lessor of the necessity of the repair or repairs. The phrase "exterior walls" as used here shall not be so construed as to require the Lessor to make repairs to the interior surfaces of the walls. b) By Lessee: Lessee shall, at its own cost and expense, keep and maintain all of the demised premises, including but not limited to exterior entry and exit doors, ornamental facing, place glass, in or on the demised premises, in good order, condition, and repair, an in compliance with all applicable laws and regulations, during the entire term of this lease, except for those repairs required of the Lessor to be made and damage occasioned by fire, earthquake, or other cause or causes as provided for in Section IX of this lease. 3 c) Emergency repairs: Notwithstanding the provisions of Section IX, in the event repairs which the Lessor is required to make under the lease become immediately necessary in order to avoid possible injury or damage to persons or property, the Lessee shall be entitled to make such repairs at a cost not to exceed $1,000.00 for the account of the Lessor without giving the required notice. XI. Utilities and Services Lessee agrees to pay before delinquency all charges for water, gas, heat, electricity, power, janitorial services, and other similar charges incurred by Lessee with respect to and during its occupancy of the demised premises. XII. Insurance a) Insurance companies: Lessor agrees that any and all policies of insurance to be kept and maintained by the respective parties to the lease shall be obtained from good and solvent insurance companies rated A VII or better by the then current Best's Key Rates Guide, and licensed to do business in the State of Texas. Lessee agrees to keep and maintain in force insurance as required by law for counties. b) Lessee to obtain liability insurance: Lessee agrees that it will, at its own expense, at all times during the term of this lease, maintain in force a policy or policies of insurance as required by law for counties. c) Lessor to obtain fire insurance on premises: Lessor agrees to maintain in force, at all times during the term of this lease, a policy or policies of fire and casualty insurance to the extent of at least 100% of the insurable value of the demised premises. If permitted without additional charge, Lessor shall cause to be endorsed on its fire insurance, and any extended coverage policy or policies, the waiver of right of subrogation. Lessor shall pass through to Lessee the increase in cost of such insurance policy over the premiums payable for the year 2003 pro -rated based upon the percentage of the building occupied by Lessee. Such incremental increase shall be payable upon 30 days written notice. Accompanied by proof of the increase in premium. d) Lessee's waiver of casualty insurance proceeds: In the event the demised premises shall be damaged or destroyed by fire or other casualty so insured against, Lessee agrees that it will claim no interest in any insurance ttlement arising out of any such loss where premiums are paid by Lessor, or whefe Lessor is named as the sole beneficiary, and that it will sign any and all necessary and relevant documents required by Lessor or the insurance company or companies that may be necessary for use in connection with the settlement of any such loss to the extent allowed by law. 4 XIII. Transfer or Pledge of Leasehold Interest Lessee shall not assign this lease or any interest in the lease, or sublet the demised premises or any part, without first obtaining Lessor's written consent. XIV. Surrender of Premises Lessee shall, at the termination of this lease, vacate the demised premises in as good condition as they are in at the time of entry on the premises by Lessee, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Lessee, and upon vacating shall leave the demised premises free and clear of all rubbish and debris. XV. Subordination Agreement Lessee is given the right to make payment of any defaults under any and all trust deeds or liens of record on the demised premises, and to receive reimbursement for such payment by deducting and crediting from and against rentals becoming due under this lease. XVI. Lessor's Right of Inspection and Repairs Lessor shall have access to the demised premises and each and every part during Lessee's regular business hours for the purpose of inspecting the same and making repairs to the demised premises. Lessor shall give Lessee three (3) days written notice of its intent to make repairs to the demised premises except in the event of an emergency. XVII. Default by Lessee a) Lessor's right to repossess, operate, or relet: If the rental reserved by this lease or other charges to be paid under the lease by Lessee, or any part, are,not paid when due and remain unpaid for a period of 15 days after notice in writing, or if Lessee fails to promptly perform any other covenant, condition, or agreement by it to be performed under the lease and lessee has not commenced a cure for such failure, or if Lessee abandons the demised premises, or if Lessee breaches any obligation under this lease to be performed by it which cannot be cured, then, and in any such event, Lessee shall be deemed to be in default and Lessor, upon 30 days written notice may at its option take possession of the demised premises. By legal proceedings, Lessor shall take, operate, or relet the premises, in whole or in part, for the account of the Lessee at such rental and on such agreement and conditions, and to such tenant or tenants as the Lessor in good faith may deem proper, for a term not exceeding the unexpired period ofthe current least term. Lessor 5 vol. 341 pg. acIL-1 ( acknowledges Lessor's obligation under law to mitigate damages to the Lessee by using reasonable efforts to relet the demised premises. Lessor shall receive all proceeds and rent accruing from such operation or reletting of the demised premises. Lessor shall apply these proceeds first, to the payment of all costs and expenses incurred by the Lessor in obtaining the possession of, and the operation or reletting of the premises, including reasonable attorneys' fees, commissions, and collections fees, and any alterations or repairs reasonably necessary to enable the Lessor to operate or relet the premises; and, second, to the payment of all such amounts as may be due or become payable under the provisions of this lease. The remaining balance, if any, given by the Lessor to the Lessee, shall be paid over to the Lessee at the expriation of the then current lease term of this lease or on the sooner termination by written notice of termination. b) Repossession or reletting not a termination: Lessor's right to terminate not forfeited: No repossession, operation or reletting of the premises shall be construed as an election by the Lessor to terminate this lease until a written notice of such intention is given by the Lessor to the Lessee. Notwithstanding any such operation or reletting without termination of this lease, the Lessor may at any time thereafter elect to terminate this lease in the event that the Lessee remains in default under the lease. c) Lessor's right to terminate lease: In the event of Lessee's default as stated in Subsection X1Xa, Lessor may, at its option, without further notice, terminate this lease and any and all interest of Lessee and may then take possession of the demised premises by legal proceedings. d) Lessor's remedies cumulative: Each and all of the remedies given to the Lessor in the lease or by law are cumulative and the exercise of one right and remedy by the Lessor shall not impair its right to exercise any other right or remedy. XVIII. Default by Lessor The following shall be deemed events of default by the Lessor under this lease: a) Lessor shall fail to construct the demised premises (for a reason not the fault, in whole or in part, of Lessee). b) Lessor shall fail to perform its obligation and responsibilities to be performed under the Lease. XIX. Remedies of Lessee Upon an event of default as defined in Article XVIII abo e, Lessee shall have the right to terminate the Lease and shall be entitled to recover direct to sue for direct and consequential 6 Vol. 34 I Pg. 15 damages from the Lessor. Should the default be a default as described in Article )(Villa., consequential damages shall be limited to expense incurred by Lessee if it cannot continue at its present location on a month to month lease. If required by its present landlord to sign a year's lease, Lessor herein will permit Lessee to move into the demised premises when completed and shall pay Lessee's monthly rent at its current location. MC. Expense of Enforcement Should either party incur any expense in enforcing any covenants of this lease, each party shall bear its own costs unless otherwise ordered by a court of competent jurisdiction. XXI. Eminent Domain In the event any portion of the demised premises shall be taken for a public or quasi - public use, this lease shall terminate as of the date of the actual physical taking, at Lessee's option, and the parties shall then be released from any and all further liability under the lease. In the event Lessee chooses to continue the lease, the Lessor shall, with reasonable diligence, proceed at its own expense to reconstruct or repair the demised premises and place the same in a tenantable condition within 30 days after the date of the actual physical taking. Abatement of rent: During any reconstruction or repairing as provided above, Lessee shall be required to pay only that proportion of the fixed minimum monthly rental reserved in the lease as the area of the demised premises remaining in a tenantable condition during such reconstruction or repairing bears to the entire area leased by this agreement. Upon completion of such reconstruction or repairing, the fixed minimum monthly rental reserved in the lease shall be premises, and thereafter Lessee shall be required to pay such adjusted fixed minimum monthly rental in accordance with the provisions of this lease. There shall be no abatement of any rental due until such time as there shall be an actual physical possession of the portion of the demised premises taken. Right to condemnation award: Any award made in any condemnation proceeding for the taking of any part or the whole of the demised premises shall be the sole property of and be paid to Lessor. XXII. Peaceful Enjoyment Lessor covenants and warrants that, subject to any trust deeds or mortgages now of record or in the future place of record, it is the owner of the demised premises, and that Lessee, upon payment of rents provided for in the lease and performance of the conditions, covenants, promises, and agreements to be performed by it, shall and may peaceable possess and enjoy the demised premises during the lease term without any interruption or disturbance. 7 : �01� 3�-4 XXIII. Effect of Waiver of Breach of Covenants No waiver of any breach or breaches of any provision, covenant, or condition of this lease shall be construed to be a waiver of any preceding or succeeding breach of such provision, covenant, or condition or of any other provision, covenant, or condition. XXIV. Time of the Essence Time is of the essence of each and every provision, covenant, and condition contained in this lease and on the part of the Lessee or Lessor to be done and performed. XXV. Headings for Convenience Only The headings used in this lease are for convenience and shall not be resorted to for purposes of interpretation or construction of this lease. XXVI. Venue This contract was entered into and is wholly performable in Brazos County, Texas. XXVII. Amendments to be in Writing This lease may be modified or amended only by a writing duly authorized and executed by both Lessor and Lessee. It may not be amended or modified by oral agreements or understandings between the parties unless the same shall be reduced to writing duly authorized and executed by both Lessor and Lessee. XXVIII. Parties Bound Each and every provision of this lease shall bind and shall inure to the benefit of the parties to the lease and their successors and assigns. XXIX. Holding Over No holding over and continuation of any business by the Lessee after the expiration of the lease term shall be considered to be a renewal or extension of this lease unless written approval of such holding over and a definite agreement to such effect is signed by the Lessor defining the length of such additional term. 8 ��f. 34 1 Pg. a q \ XXX. Notices All notices of demands of any kind which Lessor may be required or may desire to serve on Lessee under the terms of this lease may be served upon Lessee by mailing a copy by registered or certified mail, postage prepaid, addressed to Lessee at the address stated herein or addresses as may from time to time be designated by Lessee in writing to Lessor. Service shall be deemed complete within three (3) days after mailing of same. Any and all notices or demands from Lessee to Lessor may be similarly served upon Lessor at the address stated herein, or at such other address as Lessor may in writing designate to Lessee. Lessor: Southwood West, A Texas General Partnership 14375 East Montgomery Rd Scottsdale, Arizona 85262 mcdowell@txcyber.com Lessee: Brazos County Duane Peters, County Judge 200 S Texas Ave, Suite 332 Bryan, Texas 77803 dpeters@brazoscountytx.gov Dated this tday of ( h.* her-, 2016. ATTEST: By: LESSOR: SOUTHWOOD WEST A Texas General Partnership (//e_04441L)By: V rfln aren McQueen County Clerk 9 Jeffery L McDowell Partner Duane Peters County Judge Vol. 34A P9• — Ir 4 EX IIBIT "A" • AU of Lots FIVE (5) and SIX. (6), Block TWO (2), EDELWEISS BUSINESS CENTER, an • addition to the City of College Station, Brazos County, Text's, according to the Plat thereof recorded in Volume. 5002, Page 151, Official Records of Brazos County, Texas. • . Page 12 of 14 cc °@d 1-1 "PA t. Fad 4 isy 4.4 Paz -3i` P• V Yd3 4%K :YA : r•. --, ,., .. — t ' • • 1 --' Oy�i: ,:,,,�Z; ' •I �..- 46,11414, ti wtr .GaxratugiNd.4 • ate.:, ++ •� tml )0 fox!. farm Onsolo- Mold ti�ii .saiudi" • � iitia�N�r v �1o,hPiK� w ... r - t: 4 • EXHIBIT "C" Page 14 of 14 Vole _�'2-t Pg. 301 COMMISSIONER COURT MINUTES OF NOVEMBER 2, 2021 ARE CONTINUED IN VOLUME 342 PAGE 1 COMMISSIONER COURT MINUTES OF NOVEMBER 2, 2021 ARE CONTINUED FROM VOLUME 341 vol. 3J a Pg o_._._.l._ Insurance Proposal for Brazos County Health And Weliness Clinic Presented by: Grant Graham, CLCS, CIC September 3, 2021 4404 JD, co INSURANCE Since 1 873 Anco Insurance - Bryan 1111 Briarcrest Drive Bryan, TX 77802 www.anco.com This presentation summarizes the proposal for your insurance. This is not a contract. The terms of the policy forms will control the insurance contract without regard to any statement made in this proposal. voi. _34..a Pg. a Brazos County Health And Wellness Clinic Your Dedicated Service Team .l Gayla Zienfek, ACSR: Account. Manager. Phone Fax Email 979. 774-6575 979. 774-5372 zientek@anco.com Anco Insurance 09/03/21 2 1v0L ' 4a Pg. 3 Named Insureds Brazos County Health And Wellness Clinic Miscellaneous Medical Professional Liability Issuing Company !Lloyds of .Lo.non Policy Term 10-21-21 to i`0-24.22 •ti•: • •Insured Brazos Coun Health & Wellness •Clinice Interest Named Insured Coverages: Limit of Liability $ 500,000 Each Claim $1,000,000 Aggregate Limit $ 100,000 Sexual/Physical Misconduct Each Claim $ 300,000 Sexual/Physical Misconduct- Aggregate Limit Product: Miscellaneous Medical Professional Liability, Information Security & Privacy Liability Insurance including Breach Response Services. Retention -(Deductible) $2,500 Each Claim Retro Active Date: 10-24-2017 Policy Forms: Lloyds Security Schedule 2021 Nuclear Incident Exclusion Clause- Liability- Direct (Broad) Radioactive Contamination Exclusion Clause Sanction Limitation and Exclusion Clause War and Civil War Exclusion Amend Extended Reporting Period Anco Insurance 09/03/21 3 iins. (31-1/ �g.� Brazos County Health And Wellness Clinic Policy Forms Continued: BUSA Amendatory Endorsement Minimum Earned Premium Endorsement Additional Defense Limit Biometric Data Exclusion Cyber Exclusion Endorsement with Bodily Injury Carveback Employee Theft Exclusion Healthcare Scheduled Communicable Disease Limitation Endorsement Opioid Exclusion with Individual Plaintiff Carveback Premium Payment Warranty Additional Services Exclusion Disciplinary Proceedings Endorsement HIPAA Endorsement Note: I have attached specimen policy forms with the proposal for your review if needed. Renewal Binding is Subject to the following: 1. Completed and Signed Beazley Renewal Questionnaire. 2. Signed and dated Terrorism rejection form. Estimated Annual Premium: $4,636.63 Anco Insurance 09/0121 Vel� c31 -1A. age S 4 Brazos County Health And Wellness Clinic Premium Summary & Acceptance Total Premium $4,082.40 $4,636.63 Renewal Binding is Subiect to the following: 1. Completed and Signed Beazley Renewal Questionnaire. 2. Signed and dated Terrorism rejection form. This marketing proposal is valid for 30 days from September 3, 2021. E2/I accept thi osal as presented for Brazos County Health And Wellness Clinic. Lift J Signature Title to/s/;i Date O I accept this proposal with the following changes completed for Brazos County Health and Wellness Clinic. Signature Title Date This presentation summarizes the proposal for your insurance. It is not a contract. The terms in the policy will govern in the event of a loss without regard to any statement made in this proposal. BRAZCOU-21 Anco Insurance 09/03/21 5 Vol. —--.smac Ai Beazley Renewal Questionnaire THIS RENEWAL QUESTIONNAIRE IS FOR A CLAIMS MADE AND REPORTED POLICY. PLEASE REVIEW IT CAREFULLY. Named Insured: Brazos County Health and Wellness Clinic Policy Number: W2CECD200101 Expiration Date: 24 -Oct -2021 Dear Valued Customer, We are pleased to offer you the attached conditional renewal quote of the captioned policy provided that the below three statements are true and correct. Please note that coverage in the attached quote is being offered in accordance with applicable laws, regulations, and underwriting guidelines currently in effect. If each of the below statements are true and correct, please complete this questionnaire including signature and date and return it to your agent or broker along with your request to bind the attached renewal quote. If any of the below statements are false, please provide complete details and return to your agent or broker. An underwriter will review and revise quote terms as necessary. 1. The Insured is not aware of any unreported claim or incident. True ❑ False 2. There have been no changes to the Insured's operations or professional services during the current policy term. VTrue False • 3. The Insured's projected 12 months of gross revenues does not exceed $300,000 If false, please provide estimated gross revenues for the next 12 months $ ®True False ■ PLEASE MAKE CERTAIN ALL QUESTIONS ARE ANSWERED AND THAT ALL SUPPLEMENTS IF APPLICABLE ARE COMPLETED. THIS STATEMENT WILL NOT BE PROCESSED UNLESS ALL QUESTIONS ON THIS STATEMENT AND APPLICABLE SUPPLEMENTS ARE ANSWERED. F00786 072020 ed. Von. 34-__ g. Page 1 of 4 THE BELOW SIGNED AUTHORIZED EMPLOYEE OF THE INSURED DECLARES THAT THE STATEMENTS SET FORTH HEREIN ARE TRUE. THE ABOVE SIGNED AUTHORIZED EMPLOYEE AGREES THAT IF THE INFORMATION SUPPLIED ON THIS STATEMENT CHANGES BETWEEN THE DATE OF THIS STATEMENT AND THE EFFECTIVE DATE OF THE RENEWAL INSURANCE, HE/SHE WILL, IN ORDER FOR THE INFORMATION TO BE ACCURATE ON THE RENEWAL EFFECTIVE DATE OF THE INSURANCE, IMMEDIATELY NOTIFY THE UNDERWRITER OF SUCH CHANGES, AND THE UNDERWRITER MAY WITHDRAW OR MODIFY ANY OUTSTANDING CONDITIONAL QUOTATIONS OR AUTHORIZATIONS OR AGREEMENTS TO BIND THE INSURANCE. FOR NEW HAMPSHIRE APPLICANTS, THE FOREGOING STATEMENT IS LIMITED TO THE BEST OF THE ABOVE SIGNED'S KNOWLEDGE, AFTER REASONABLE INQUIRY. IN MAINE, THE UNDERWRITERS MAY MODIFY BUT MAY NOT WITHDRAW ANY OUTSTANDING QUOTATIONS OR AUTHORIZATIONS OR AGREEMENTS TO BIND THE INSURANCE. SIGNING OF THIS STATEMENT DOES NOT BIND THE APPLICANT OR THE UNDERWRITER TO COMPLETE THE INSURANCE, BUT IT IS AGREED THAT THIS STATEMENT SHALL BE THE BASIS OF THE RENEWAL INSURANCE CONTRACT SHOULD A POLICY BE ISSUED, AND IT WILL BECOME PART OF THE POLICY. ALL WRITTEN STATEMENTS AND MATERIALS FURNISHED TO THE INSURER IN CONJUNCTION WITH THIS STATEMENT ARE HEREBY INCORPORATED BY REFERENCE INTO THIS STATEMENT AND MADE A PART HEREOF. FOR NORTH CAROLINA, UTAH, AND WISCONSIN APPLICANTS, SUCH STATEMENT MATERIALS ARE PART OF THE POLICY, IF ISSUED, ONLY IF ATTACHED AT ISSUANCE. IT IS UNDERSTOOD AND AGREED THAT THE INSURER SHALL NOT BE LIABLE TO MAKE ANY PAYMENT FOR DAMAGES OR COSTS OF DEFENSE IN CONNECTION WITH ANY CLAIM MADE AGAINST ANY INSURED BASED UPON, ARISING OUT OF, DIRECTLY OR INDIRECTLY RESULTING FROM OR IN CONSEQUENCE OF, OR IN ANY WAY INVOLVING ANY PROFESSIONAL LIABILITY CLAIM OR SUIT, FACT, CIRCUMSTANCE, OR SITUATION THAT SHOULD HAVE BEEN SET FORTH IN RESPONSE TO QUESTION 1. ADDITIONAL NOTICE TO NEW YORK APPLICANTS: THE POLICY FOR WHICH THIS STATEMENT IS MADE IS A CLAIMS MADE POLICY. THE POLICY PROVIDES NO COVERAGE FOR CLAIMS ARISING OUT OF INCIDENTS, OCCURRENCES OR WRONGFUL ACTS WHICH TOOK PLACE PRIOR TO THE RETROACTIVE DATE. UPON TERMINATION OF COVERAGE FOR ANY REASON, A 60 -DAY AUTOMATIC EXTENSION PERIOD WILL APPLY. FOR AN ADDITIONAL PREMIUM, A THREE YEAR OPTIONAL EXTENSION PERIOD CAN BE PURCHASED. THIS POLICY APPLIES TO CLAIMS ONLY IF FIRST MADE DURING THE POLICY PERIOD, THE AUTOMATIC EXTENSION PERIOD OR, IF PURCHASED, THE OPTIONAL EXTENSION PERIOD. NO COVERAGE EXISTS FOR CLAIMS MADE AFTER TERMINATION OF COVERAGE AND THE AUTOMATIC EXTENSION PERIOD UNLESS, AND TO THE EXTENT, THE OPTIONAL EXTENSION PERIOD APPLIES. NO COVERAGE WILL EXIST AFTER THE EXPIRATION OF THE AUTOMATIC EXTENSION PERIOD OR, IF PURCHASED, THE OPTIONAL EXTENSION PERIOD, WHICH MAY RESULT IN A POTENTIAL COVERAGE GAP IF PRIOR ACTS COVERAGE IS NOT SUBSEQUENTLY PROVIDED BY ANOTHER INSURER. DURING THE FIRST SEVERAL YEARS OF A CLAIMS -MADE RELATIONSHIP, CLAIMS -MADE RATES ARE COMPARATIVELY LOWER THAN OCCURRENCE RATES, AND THE INSURED CAN EXPECT SUBSTANTIAL ANNUAL PREMIUM INCREASES, INDEPENDENT OF OVERALL RATE INCREASES, UNTIL THE CLAIMS -MADE RELATIONSHIP REACHES MATURITY. ADDITIONAL NOTICE TO MINNESOTA. APPLICANTS: UNDER MINNESOTA LAW A CLAIM MAY BE REPORTED ORALLY OR IN WRITING TO THE INSURER OR TO THE INSURED'S BROKER OF RECORD.. F00786 072020 ed. Page 2 of 4 FRAUD WARNING DISCLOSURE ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT (S)HE IS FACILITATING A FRAUD AGAINST THE INSURER, SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT MAY BE GUILTY OF INSURANCE FRAUD. NOTICE TO ALABAMA, ARKANSAS, LOUISIANA, NEW MEXICO AND RHODE ISLAND APPLICANTS: ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN PRISON. NOTICE TO COLORADO APPLICANTS: IT IS UNLAWFUL TO KNOWINGLY PROVIDE' FALSE, INCOMPLETE, OR MISLEADING FACTS OR INFORMATION TO AN INSURANCE COMPANY FOR THE PURPOSE OF DEFRAUDING OR ATTEMPTING TO DEFRAUD THE COMPANY. PENALTIES MAY INCLUDE' IMPRISONMENT, FINES, DENIAL OF INSURANCE, AND CIVIL DAMAGES. ANY INSURANCE COMPANY OR AGENT OF AN INSURANCE COMPANY WHO KNOWINGLY PROVIDES FALSE, INCOMPLETE, OR MISLEADING FACTS OR INFORMATION TO A POLICYHOLDER OR CLAIMANT FOR THE PURPOSE OF DEFRAUDING OR ATTEMPTING TO DEFRAUD THE POLICYHOLDER OR CLAIMANT WITH REGARD TO A SETTLEMENT OR AWARD PAYABLE FROM INSURANCE PROCEEDS SHALL BE REPORTED TO THE COLORADO DIVISION OF INSURANCE WITHIN THE DEPARTMENT OF REGULATORY AGENCIES, NOTICE TO DISTRICT OF COLUMBIA APPLICANTS: WARNING: IT IS A CRIME TO PROVIDE FALSE OR MISLEADING INFORMATION TO AN INSURER FOR THE PURPOSE OF DEFRAUDING THE INSURER OR ANY OTHER PERSON. PENALTIES INCLUDE IMPRISONMENT AND/OR FINES. IN ADDITION, AN INSURER MAY DENY INSURANCE BENEFITS IF FALSE INFORMATION MATERIALLY RELATED TO A CLAIM WAS PROVIDED BY THE APPLICANT. NOTICE TO FLORIDA APPLICANTS: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE, DEFRAUD, OR DECEIVE ANY INSURER FILES A STATEMENT OF CLAIM OR AN APPLICATION CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION IS GUILTY OF A FELONY OF THE THIRD DEGREE. NOTICE TO KANSAS APPLICANTS: ANY PERSON WHO, KNOWINGLY AND WITH INTENT TO DEFRAUD, PRESENTS, CAUSES TO BE PRESENTED OR PREPARES WITH KNOWLEDGE OR BELIEF THAT IT WILL BE PRESENTED TO OR BY AN INSURER, PURPORTED INSURER, BROKER OR AGENT THEREOF, ANY WRITTEN STATEMENT AS PART OF, OR IN SUPPORT OF, AN APPLICATION FOR THE ISSUANCE OF, OR THE RATING OF AN INSURANCE POLICY FOR PERSONAL OR COMMERCIAL INSURANCE, OR A CLAIM FOR PAYMENT OR OTHER BENEFIT PURSUANT TO AN INSURANCE POLICY FOR COMMERCIAL OR PERSONAL INSURANCE WHICH SUCH PERSON KNOWS TO CONTAIN MATERIALLY FALSE INFORMATION CONCERNING ANY FACT MATERIAL THERETO; OR CONCEALS, FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT. NOTICE TO MAINE, TENNESSEE, VIRGINIA AND WASHINGTON APPLICANTS: IT IS A CRIME TO KNOWINGLY PROVIDE FALSE, INCOMPLETE OR MISLEADING INFORMATION TO AN INSURANCE COMPANY FOR THE PURPOSE OF DEFRAUDING THE COMPANY. PENALTIES MAY INCLUDE IMPRISONMENT, FINES OR A DENIAL OF INSURANCE BENEFITS. NOTICE TO MARYLAND APPLICANTS: ANY PERSON WHO KNOWINGLY OR WILLFULLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY. OR WILLFULLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN PRISON. NOTICE TO OKLAHOMA APPLICANTS: WARNING: ANY PERSON WHO KNOWINGLY, AND WITH INTENT TO INJURE, DEFRAUD OR DECEIVE ANY INSURER, MAKES ANY CLAIM FOR THE PROCEEDS OF AN INSURANCE POLICY CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION IS GUILTY OF A FELONY. F00786 072020 ed. Vol 3t). Pg. cl Page 3 of 4 NOTICE TO KENTUCKY, NEW JERSEY, NEW YORK, OHIO AND PENNSYLVANIA APPLICANTS: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME, AND SUBJECTS SUCH PERSON TO CRIMINAL AND CIVIL PENALTIES. (IN NEW YORK, THE CIVIL PENALTY IS NOT TO EXCEED FIVE THOUSAND DOLLARS ($5,000) AND THE STATEDVALUE OF THE CLAIM FOR EACH SUCH VIOLATION. I HAVE READ THE FORE • .G AND BY SIGNING BELOW REPRESENT THAT THE ABOVE STATEM N - ' E TRU RR ; CT. Signed*: Print riame: Title: VDU IN (Must be signed borporatefficer or principal) ate: io/c/ 1 If this Application is completed in Iowa, please provide the Insurance Agent's name only. Agent's Printed Name: F00786 072020 ed. Pge )O Page 4 of 4 �i�� ANC® T N S V R It N C E Since 1873 INVOICE Date: 14 -Sep -21 Brazos County Health & Wellness Clinic 300 E.William J. Bryan Parkway Ste 200 Bryan, Texas 77803 Customer# BRAZCOU-21 ANCO INSURANCE of Bryan/College Station PO Box 3889 Bryan, Tx. 77805 979-776-2626 Date ; ;Company Description;?`; , ,j Charges.,.. , Credits 4;Balance ,°:: 10/24/2021 Lloyds of London Renewal of Miscellaneous Medical Professional Liablity $4,636.63 Amount Due Now $4,636.63 Thank you for letting ANCO service your needs! POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act of 2002, as amended ("TRIA"), that you now have a right to purchase insurance coverage for losses arising out of acts of terrorism, as defined in Section 102(1) of the Act, as amended: The term "act of terrorism" means any act that is certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or individuals, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Any coverage you purchase for "acts of terrorism" shall expire at 12:00 midnight December 31, 2020, the date on which the TRIA Program is scheduled to terminate, or the expiry date of the policy whichever occurs first, and shall not cover any losses or events which arise after the earlier of these dates. Any applicable premium adjustment will be made at the expiration of the TRIA program. YOU SHOULD KNOW THAT COVERAGE PROVIDED BY THIS POLICY FOR LOSSES CAUSED BY CERTIFIED ACTS OF TERRORISM IS PARTIALLY REIMBURSED BY THE UNITED STATES UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THIS FORMULA, THE UNITED STATES PAYS 85% THROUGH 2015; 84% BEGINNING ON JANUARY 1, 2016; 83% BEGINNING ON JANUARY 1, 2017; 82% BEGINNING ON JANUARY 1, 2018; 81% BEGINNING ON JANUARY 1, 2019 AND 80% BEGINNING ON JANUARY 1, 2020; OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURER(S) PROVIDING THE COVERAGE. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A USD100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS USD100 BILLION. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. ELECTION OR REJECTION OF TERRORISM INSURANCE COVERAGE ///7 YOU HAVE THIRTY (30) DAYS TO CONSIDER THIS OFFER OF COVERAGE FOR TERRORIST ACTS AND SUBMIT THE PREMIUM. IF WE DO NOT RECEIVE THE QUOTED PREMIUM BY ..., YOU WILL NOT BE COVERED FOR LOSSES ARISING FROM ACTS OF TERRORISM. I hereby elect to purchase coverage for acts of terrorism for a prospective premium .5% x hereby Iect to a covqrage for acts of terrorism excluded from my policy. I u rsta that I will av o coverage for losses arising from acts of terrorism. ...l 1)ua-one Pe-4ers SIGNATURE OF AUTHORI REPRESENTATIVE PRINTED NAME (Signature must be from senior officer) Brazos County Health & Wellness Clinic � C_OtArtitA \ lo/Sla, Company Title \`ut Date (LMA 9104) E06898 or4 Vole c -2 - Pg Page 1 of 1 Item Coversheet Page 1 of 1 ,N BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: Purchasing DATE OF COURT MEETING: ITEM: NUMBER: 10/5/2021 Approval of Ratification for 22-075 to Extend the Texas Workforce Commission and Brazos County's Contract with Constable Precinct 1. TO: Commissioners Court FROM: Kaitlyn Battles DATE: 09/30/2021 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Fully Executed Contract - TWC.pdf Contract Backup Material Duane Peters County Judge Date Vol. 3 -la pg..3_ https://brazos.novusagendk_comLagenclath/C2verSheet.aspx2ItzmID=24625 9/30/2021 DocuSign Envelope ID: F73C4ED5-09A3-49E1-89DC-A3EC52A6A0F3 Texas Workforce Commission A Member of Texas Workforce Solutions September 23, 2021 Deputy Phillip Brown Brazos County for the benefit of Constable Precinct 1 12845 FM 2154 Ste.140 College Station, TX 77845 RE: Contract Number 2920PEN008 — Brazos County for the benefit of Constable Precinct 1 Amendment #3 to Extend the Term of the Contract Dear Deputy Brown: Bryan Daniel, Chairman Commissioner Representing the Public Julian Alvarez Commissioner Representing Labor Aaron Demerson Commissioner Representing Employers Edward Sema Executive Director The above -referenced contract between the Texas Workforce Commission (TWC) and Brazos County for the benefit of Constable Precinct 1 dated October 1, 2019, will expire on September 30, 2021. To avoid a disruption of access to TWC data, it is necessary to extend the contract term until December 31, 2021. This extension will allow time to complete the renewal amendment. If Brazos County for the benefit of Constable Precinct 1 agrees to extend the current terms and conditions of the contract to December 31, 2021, confirm this in writing by having the authorized signatory sign where indicated below on this page. The annual fee will be prorated for the number of months that your contract is extended and will be invoiced separately. Please respond no later than September 28, 2021, so that I may ensure that this is properly executed and processed before the expiration of the current term. Thank you for your prompt attention to this matter. You may contact me directly at (512) 936-4272 if you have questions. Sincerely, Melissa Guzman Contract Manager AGREEMENT TO EXTEND: TEXAS WORKFORCE COMMISSION Heather Hall Chief Information Officer Signature Date 46s, 9/26/2021 BRAZOS COUNTY FOR THE BENEFIT OF CONSTABLE PRECINCT 1 Duane Peters County Judge DJ.... pdaa 9/29/2021 Signature Date 101 E. 15th Street • Austin, Texas 78778-000I • (512) 463-2222 • Relay Texas: 800-735-2989 (TDD) 800-735-2988 (Voice) • www.texasworkforce.org Equal Opportunity Employer / Program Auxiliary aids and services are available upon request to individuals with disabilities _TEXAS WORKFORCE SOLUTIONS Vol. 3a4 Pg. 1`1 DocuSign Certificate: Of.:Completion Envelope Id: F73C4ED509A349E189DCA3EC52A6A0F3 Subject: Please DocuSign: 2920PEN008-3 Brazos County FBO Constable Precinct 1 Extension Letter docSeqld: docType: Source Envelope: Document Pages: 1 Certificate Pages: 5 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking_ _. Status: Original 9/23/2021 7:00:31 PM Security Appliance Status: Connected Storage Appliance Status: Connected Signer Events .. - . . Heather Hall Heather.Hall@twc.state.tx.us Chief Information Officer/IT Director Texas Workforce Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Duane Peters dpeters@brazoscountytx.gov Brazos County Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 9/29/2021 2:12:26 PM ID: b82d14fd-78d8-4eb1-9e22-35844b2e9149 Signatures: 2 Initials: 0 Status: Completed Envelope Originator: Melissa Guzman 101 E. 15th Street, Room 0154-B Austin, TX 78778 melissa.guzman@twc.texas.gov IP Address: 172.19.142.109 _._......_ __.�-Holder: Melissa Guzman _----_ melissa.guzman@twc.texas.gov Pool: StateLocal Pool: Texas Workforce Commission- Production Account Location: DocuSign Location: DocuSign :. Signafu`.re: -. '• , . .en Q PL Signature Adoption: Pre -selected Style Using IP Address: 174.246.195.68 Signed using mobile Ste. ?eters Signature Adoption: Pre -selected Style Using IP Address: 66.97.166.254 • - ••Timestanip Sent: 9/23/2021 7:10:09 PM Viewed: 9/26/2021 12:41:33 PM Signed: 9/26/2021 12:41:45 PM Sent: 9/28/2021 9:27:55 AM Viewed: 9/29/2021 2:12:26 PM Signed: 9/29/2021 2:12:40 PM In Person Signer Events . • Signatu e • Timestamp •;.'. _ Editor Delivery Events;;' 1 Status y: Agent -Delivery Events • ' - Status tTimestamp Timestamp Intermediary Delivery". Events ; • .. Status{• " : Timestamp „` • Certifiedi.Delivery Events ;Status -• :;f• `` Timestamp -: _ �. .. Deputy Philip Brown pbrown@brazoscountyix.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: VIEWED Using IP Address: 66.97.166.254 Sent: 9/26/2021 12:41:47 PM Viewed: 9/28/2021 9:27:55 AM F ie L3LN Pg. 15 Certified Delivery 'Events ; Status Y '• . ' Accepted: 9/28/2021 9:27:55 AM ID: 064d6211-78a0-4d5f-b58c-a7d7a 1 c8e416 Carbon Copy. Events'` Status • Timestamp • - Timestamp • Notary,Events. • • Signature_ Z� _. •Timestamp*_•. •Eivelope`Su•mmary,"•Events _.. Status,•, Envelope Sent Certified Delivered Signing Complete Completed Hashed/Encrypted Security Checked Security Checked Security Checked •Timestamps • 9/23/2021 7:10:09 PM 9/29/2021 2:12:26 PM 9/29/2021 2:12:40 PM 9/29/2021 2:12:40 PM Payment'Events :G SY Status °c' Timestamps � Electronic Record and_Signature Disclosure. �c�9. 31-DN Pg. J LQ Electronic Record and Signature Disclosure created on: 9/8/2021 1:50:55 PM Parties agreed to: Duane Peters, Deputy Philip Brown ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Carahsoft obo Texas Workforce Commission (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to 'I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Vol. 3LR Pg. 11 Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Carahsoft obo Texas Workforce Commission: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: heather.hall@twc.state.tx.us To advise Carahsoft obo Texas Workforce Commission of your new email address To let us know of a change in your email address where we should send notices 'and disclosures electronically to you, you must send an email message to us at and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from Carahsoft obo Texas Workforce Commission To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Carahsoft obo Texas Workforce Commission To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: VoL. Pg. i. decline to sign a document from within your signing session, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an email to heather.hall@twc.state.tx.us and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check -box next to 'I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check -box next to 'I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify Carahsoft obo Texas Workforce Commission as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Carahsoft obo Texas Workforce Commission during the course of your relationship with Carahsoft obo Texas Workforce Commission. VoL, 3412._____ Pg. \ _ Gabriel A. Garcia From: Sent: To: Cc: Subject: Attachments: CSD-Countylnvoicing <CSD-Countyinvoicing@oag.texas.gov> Tuesday, August 17, 2021 11:40 AM Gabriel A. Garcia CSD-Countylnvoicing; Lala, Jamie; Garcia, Michelle 22-00011_Brazos_SCR_FY22-26 22-00011 Brazos_SCR_FY22-26.pdf Brazos County Disclaimer ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments unless you recognize the sender and have verified that the content is safe. Never enter USERNAME, PASSWORD or sensitive information on pages linked from this email.***** Good Morning, Attached is the FY22-26 State Case Registry (SCR) Contract. We are sending the contract via email directly to your attention for review and signature approval instead of sending via LISPS mail or DocuSign. Only one contract with original signature is needed along with a newly completed Incident Response Plan (Attachment D). A few details about the new contract: • The term of the contract will be five (5) years. • In 10.5 Cybersecurity Training, the contract requires that the County comply with the requirements of Section 2054.592 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program. • Incident Response Plan — Attachment D, will need to be completed for inclusion in the contract. The contract cannot be finalized until a current Incident Response Plan has been submitted. Return the signed contract to our office along with the completed Incident Response Plan (Attachment D) to CSD- Countylnvoicing@oag.texas.gov Upon receipt by the OAG of the signed contract and the completed Incident Response Plan, the documents will be routed to Ruth Anne Thornton, Director of Child Support (IV -D Director), for signature. After the document has been signed by all parties, an electronic copy will be emailed to you for your records. If you have questions regarding the execution of this contract, or experience any problems printing the attachment, please contact Jamie Lala at (512) 460-6768, jamie.lala@oag.texas.gov or Debbie Mullen at (512) 460-6376, deb bie.mu llen@oag.texas.gov. M n • ger, CSD-Government Contracts O ice of the Attorney General Jamie.lalaa,oag.texas.gov Office: 512-460-6768 1 State Case Registry Cooperative Agreement between The Office of the Attorney General of the State of Texas and Brazos County, Texas CONTRACT NO. 22-00011 INTRODUCTION 1.1. PARTIES This Cooperative Agreement (the "Contract") is entered into by and between the Office of the Attorney General of the State of Texas (the "OAG") and Brazos County (the "County"). In this Contract, the OAG and the County are referred to individually as (a "Party") or collectively as (the "Parties"). 1.2. AUTHORITY TO CONTRACT This Contract, including its attachments (all of which are made a part hereof and expressly included herein), is entered into under the authority of Texas Family Code Section 231.002 and Texas Government Code Section 791.011. 1.3. PURPOSE This Contract provides for the County to access the OAG Case Management System for the purpose of creating and updating child support Registry -Only cases. The County will gather sufficient information to satisfy the requirements of the State Case Registry 1.4. TERMS AND DEFINITIONS The following terms have the meaning set forth below. All other terms have the meaning set forth in the Merriam Webster's Collegiate® Dictionary, Eleventh edition. _ �.? Tenn u ._. ,� .. ., nx.TLi«, .... ._.r.{,.>s.a2x..m .�,.3 :: ":jhr°.-rr d f •a :7` rk ° - rpw 'v 'rc re, �d�t a�sw3f ..d` rsa� Sr 4 `d'S F' -:l 1 �� ° ,�Iefimutton b �Y ,� ,x�x� �f 8 �• �...Lr ..r..,-- ... ,.��'re.,�... +-.._... Y +"+x s,Y<.S�.xte`.�ta' S,ns9.�,...,'b..Ti �'a. Cause Number A unique case identifier randomly assigned by the District Clerk at the time the original petition is filed. Child Support Case A collection of data associated with a particular child support order, court hearing, and/or request for IV -D services that typically includes data regarding a Custodial Parent ("CP"), Non -Custodial Parent ("NCP"), a Dependent(s) ("DP") and/or presumed father. Custodial Parent The person who has primary care, custody, and control of the Dependent(s). Dependent The minor or adult child who is under the primary care, custody, and control of the Custodial Parent. Full -Service A Child. Support Case for which the OAG is providing all Title IV -D child support services pursuant to a signed application for services submitted by a CP or NCP, an automatic referral for services pursuant to a county's local rule, or an automatic referral from the Health and Human Services Commission when a CP is certified to receive public assistance. Non -Custodial Parent The parent who does not have primary care, custody, or control of the Dependent(s). Brazos County SCR Contract 22-00011 Vol. 311 pg. Q.1 Page 1 of 27 Y h" i r f A '. i e r S [ k i 5 1 ermt`S�1)eiuntibn � ... F �� ..:; i s' g ,.. 6� $ � f ro'"' k ip+, ^� -- Y, , x ,�t a#i `�'5s' �s k�'{ �'S" t''r �y { ° "k t `ro S; . WzJ' p ✓r° ' .{��, -S tx E y.�. �, T A 41, _ r 6:. Stiff .�Yx�„i���F „.fit. "?x. .. Lr.,--.i u. �+i'�. '3+.iY ..ea4 f». ..�iS�- _...4�P3s�Y.z�4t�. Business Day The days and hours (Monday through Friday, 8:00am to 5:00pm Central Standard Time or Central Daylight Savings, whichever is prevalent) in which the OAG Child Support Division ("CSD") is open for business. OAG Case Management System A federally certified case management system for the Title IV -D program. Registry -Only A Child Support Case for which the Title IV -D services provided by the OAG are limited to recording and disbursing child support payments. Start Date of Cause The date the judge signed the order for child support. State Case Registry A federally mandated database maintained by each state that contains information on Child Support Cases established or modified after October 1, 1998. State Disbursement Unit ("SDU") The centralized payment collection site in Texas where all child support payments are received and processed. Title IV -D Title IV, Part D of the federal Social Security Act (42 U.S.C. §651, et seq.), as amended. 2. CONTRACT TERM The Contract becomes effective on September 1, 2021 and, unless sooner terminated as provided herein, ends on August 31, 2026. 3. REQUIREMENTS 3.1. COUNTY OBLIGATIONS 3.1.1. Customer Identification The County shall adhere to the OAG Procedures for Customer Identification (Attachment A) prior to responding to an inquiry or updating case and member information. 3.1.2. State Disbursement Unit In accordance with Texas Family Code Section 154.004 and 42 U.S.C. 654b, all court orders with child support rendered by a court on or after January 1, 1994, must direct child support payments to the SDU. The County will notify the OAG if it identifies a pattern of court orders from a particular court or attorney that fails to comply with Section 154.004 of the Texas Family Code and 42 USC 654b. 3.1.3. OAG Case Management System 3.1.3.1. Create New Registry -Only Cases The County shall create new Registry -Only Child Support Cases on the OAG Case Management System within five (5) Business Days from the "date received" time stamped on the Temporary or Final order indicating that the order was received by the County. 3.1.3.2. The County may use the original court order or the Record of Support Form 1828 (Attachment B) to obtain the necessary information for entry to the OAG Case Management System. Form 1828 is published on the OAG-LSD's webpage, https://www.texasattorneygeneral.gov/child-support/got-started/all- child-support-forms, under "Child Support Enforcement - Record of Support (1 TAC 55.121)." Brazos County SCR Contract 22-00011 pg. Qa Page 2 of 27 3.1.3.3. Update Existing Cases The County shall update the OAG Case Management System with new or additional case and/or member data as the County receives such data from the Custodial Parent, Non -Custodial Parent, employer, Court, or attorney of record. This additional case and/or member data includes but is not limited to the following: • Complete Address for Custodial Parent, Non -Custodial Parent, Dependent, and any other parties to the Child Support Case • Protective Orders • Order Modification Date • Dependent Status • Case Closures • Jurisdictional Transfer of Court Orders 3.1.3.3.1. The County shall update the OAG Case Management System within three (3) Business Days after receipt of the data. 3.1.3.4. State Case Registry Complete 3.1.3.4.1. The County shall update the OAG Case Management System with sufficient data for a Child Support Case to be considered State Case Registry Complete. 3.1.3.4.2. State Case Registry Complete, Minimum Required Data Elements 3.1.3.4.2.1. Participant Information • Type (Dependent, Custodial Parent, Non -Custodial Parent) • First and Last Name • Gender • Social Security Number (SSN) and/or Date of Birth (DOB) • Custodial Parent's Complete Address 3.1.3.4.2.2. Case and Cause Information • Cause Number • Start Date of Cause 3.1.3.5. Cases with. Child Support Payments 3.1.3.5.1. The County shall create a new Child Support Case on the OAG Case Management Systeni, updating all available information, within five (5) Business Days from notification by the SDU that a payment has been received. 3.1.3.5.2. The County shall forward all misdirected child support payments to the SDU within one (1) Business Day of receipt and shall notify the remitter of the correct payment address. 3.2. CHANGES TO THE OAG CASE MANAGEMENT SYSTEM The OAG reserves the right to make changes to the OAG Case Management System and related procedural and training documents. The OAG will make every effort to provide advance notice of any planned system changes that may impact the business operations or processes of the County. 3.3. PERFORMANCE REVIEW 3.3.1. The County shall allow the OAG access to appropriate County data and County facilities for the purpose of reviewing and inspecting County processes related to the requirements of this Contract. 3.3.1.1. In its sole discretion, the OAG may review a random sample of Child Support Cases to ensure compliance with Contract terms, including: Brazos County SCR Contract 22-00011 Vol. 3y, P Page 3 of 27 3.3.1.1.1. All court orders with child support, whether a temporary or final order, are entered on the OAG Case Management System. 3.3.1.1.2. Child Support Case information is entered on the OAG Case Management System within the required time frames. 3.3.1.1.3. Child Support Case information is entered accurately on the OAG Case Management System. 3.3.1.1.4. Court orders direct child support payments to the SDU. 3.4. TRAINING 3.4.1. The County shall ensure that, upon notification by the OAG, all County personnel performing Contract Services comply with mandatory OAG and statutory training requirements. 3.4.2. All County personnel performing Contract Services must be trained on the OAG Case Management System. Upon request from the County, the OAG will provide training materials related to the OAG Case Management System. Training may be provided virtually or in person and will be scheduled by the OAG Regional Trainers by the end of the quarter following such request. The County shall be responsible for all travel related costs associated with this training. The County shall direct training requests to: Charles Whitehead (or successor in office) Office of the Attorney General Mail Code 053 PO Box 12017 Austin, TX 78711-2017 Email address: CSD-TRN@oag.texas.gov 4. REMEDIES FOR UNSATISFACTORY PERFORMANCE 4.1. DETERMINATION OF UNSATISFACTORY PERFORMANCE AND CORRECTIVE ACTION 4.1.1. Failure of the County to perform Contract Services shall be considered unsatisfactory performance. Unsatisfactory performance issues shall be communicated to the County in writing by the OAG Contract Manager. 4.1.1.1. The County must provide a written response to the OAG Contract Manager within a reasonable time frame as determined by the OAG. 4.1.1.2. The OAG Contract Manager will review the County's written response and supporting documentation to make a final determination. 4.1.1.3. Final determination of performance findings will be documented in controlled correspondence to the County. If the OAG Contract Manager issues a final determination of unsatisfactory performance, the County shall provide a corrective action plan. 4.1.1.3.1. The County's corrective action plan must be submitted to the OAG Contract Manager within fifteen (15) Business Days of the final determination from the OAG of unsatisfactory performance. 4.1.1.3.2. The corrective action plan must include a timeline for implementation and must be approved by the OAG Contract Manager. 4.2. RIGHT TO WITHHOLD PAYMENTS 4.2.1. The OAG may withhold payment in whole or in part if the County fails to: 4.2.1.1. Respond to the OAG's initial correspondence regarding Contract Service performance issues; Brazos County SCR Contract 22-00011 Yol. 31-1. P;75-(74 Page 4 of 27 4.2.1.2. Submit a corrective action plan to the OAG within the specified time frame; or, 4.2.1.3. Implement the approved corrective action plan within the specified time frame. 4.2,2. If the County's performance does not return to a satisfactory status within four (4) months after implementation of the corrective action plan, the OAG may withhold payments in whole or in part. 4.2.3. If the unsatisfactory status persists for a total of six (6) months after implementation of the corrective action plan, the OAG may terminate this Contract (in accordance with the "Termination of the Contract" section below) without payment to the County for any costs incurred by the County from the time that the OAG commenced withholding payments. 4.2.4. The OAG will resume payments to the County when the OAG finds the County has complied with the provisions enumerated in the "Determination of Unsatisfactory Performance and Corrective Action" section above. The first payment after resumption shall include all costs accrued during the period in which payments were withheld. 5. FINANCIAL MATTERS 5.1. MAXIMUM LIABILITY OF THE OAG Notwithstanding any other provision of this Contract, the maximum liability of the OAG under this Contract is One Thousand One Hundred Sixty Six Dollars and No Cents ($1,166.00). 5.2. PAYMENT STRUCTURE 5.2.1. Federal Share The OAG shall be financially liable to the County for the federal share of the County's Contract associated costs. "Federal Share" means the portion of the County's Contract associated costs that the federal Office of Child Support Enforcement reimburses the state as federal financial participation under Title IV -D. For purpose of reference only, the federal share on the effective date of this Contract is 66%. 5.2.2. State Case Registry 5.2.2.1. State Case Registry Complete Fee The County agrees that the per activity fee for each Child Support Case in which the County initially entered sufficient data on the OAG Case Management System to deem the case "State Case Registry Complete," as defined in the "State Case Registry Complete" section of this Contract, is 14.06. 5.2.2.2. State Case Registry Complete Update Fee The County agrees that the per activity fee for each update on a Child Support Case previously deemed State Case Registry Complete is $4.46. 5.2.2.3. The County agrees that, for the purposes of this Contract, all of the County's reimbursable Contract associated State Case Registry costs for any given calendar month is equal to the Federal Share of the number of State Case Registry Complete activities during the calendar month multiplied by the State Case Registry Complete Fee plus the number of State Case Registry Complete Updates during the calendar month multiplied by the State Case Registry Complete Update Fee. 5.2.2.3.1. Thus, the OAG's liability for the County's Contract associated State Case Registry costs is calculated as follows: [(Calendar Month State Case Registry Complete activities x $14.06) + (Calendar Month State Case Registry Complete Update activities x $4.46)] x Federal Share = OAG Liability Brazos County SCR Contract 22-00011 Vol. 3Lia Pg. S Page 5 of 27 5.3. INVOICING AND PAYMENT INFORMATION 5.3.1. The OAG will forward a Summary and Reimbursement Invoice for any particular month's activities to the County for review and approval by the twenty fifth (25th) day of the following month. 5.3.2. If the County approves the Summary and Reimbursement Invoice, the County will, within ten (10) Business Days of receipt, sign the invoice and return it to the OAG for payment. The County's signature constitutes approval of the invoice and certification that all services provided during the period covered by the invoice are included on the invoice. The OAG shall process the invoice for payment in accordance with the state procedures for issuing state payments. The County shall submit the invoice via email to CSD-CountvInvoicing@oag.texas.gov Or via USPS mail to: Jamie Lala, OAG Contract Manager (or successor in office) Mail Code 062 Office of the Attorney General PO Box 12017 Austin, TX 78711-2017 5.3.3. If the County does not approve the Summary and Reimbursement Invoice, the County shall return the invoice to the OAG within ten (10) Business days after receipt, detailing the basis of any disputed item, and including supporting documentation. The OAG will review the County's dispute. If the dispute is resolved in the County's favor, the OAG will make payment as set forth in the preceding subsection. If the dispute is not resolved in the County's favor, the OAG will make payment in accordance with the invoice originally sent to the County and will forward a letter of explanation to the County. 5.4. LIMITATION OF OAG LIABILITY 5.4.1. The OAG shall be liable only for Contract associated costs incurred after commencement of this Contract and before termination of this Contract. 5.4.2. The OAG may decline to reimburse costs that are submitted for reimbursement more than sixty (60) calendar days after the.State Fiscal Year calendar quarter in which such costs are incurred. 5.4.3. The OAG shall not be liable for reimbursing the County if the County fails to comply with the requirements of the "State Case Registry" section above. 5.4.4. The OAG shall not be liable for reimbursing the County for any activities eligible for reimbursement under another contract or Cooperative Agreement with the OAG (e.g., customer service related to cases in the same County's Integrated Child Support System (ICSS) caseload). 5.5. AUDIT AND INVESTIGATION The County understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office (or any successor agency), the OAG (or any successor agency), as well as any external auditors selected by the State Auditor's Office, the OAG, or the United States (collectively referred to as "Auditing Agencies"), to conduct an audit or investigation in connection with those funds. The County further agrees to cooperate fully with the Auditing Agencies in the conduct of the audit or investigation, including providing all records requested. The County shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the County and the requirement to cooperate is included in any subcontract it awards. Brazos County SCR Contract 22-00011 vol. 1/43Lia Pg.OLP Page 6 of 27 6.6. FINANCIAL TERMS 5.6.1. Buy Texas In accordance with Section 2155.4441, Texas Government Code, the County shall, in performing any services under this Contract, purchase products and materials produced in Texas when they are available at a comparable price and in a comparable period of time to products and materials produced outside Texas. 5.6.2. Legislative Appropriations All obligations of the OAG are subject to the availability of legislative appropriations and for federally funded contracts, to the availability of federal funds applicable to this Contract. The Parties acknowledge that the ability of the OAG to make payments under this Contract is contingent upon the continued availability of funds for the Child Support Enforcement Strategy and the State Disbursement Unit Strategy (collectively, "Strategies"). The Parties acknowledge that funds are not specifically appropriated for this Contract and the OAG's continual ability to make payments under this Contract is contingent upon the funding levels appropriated to the OAG for the Strategies for each particular appropriation period. The OAG will use all reasonable efforts to ensure that such funds are available. The Parties agree that if future levels of funding for the OAG Child Support Enforcement Strategy and/or the State Disbursement Unit Strategy are not sufficient to continue operations without any operational reductions, the OAG, in its discretion, may terminate this Contract, either in whole or in part. In the event of such termination, the OAG will not be considered to be in default or breach under this Contract, nor shall it be liable for any further payments ordinarily due under this Contract, nor shall it be liable for any damages or any other amounts which are caused by or associated with such termination. The OAG shall make its best efforts to provide reasonable written advance notice to the County of any such termination. In the event of such a termination, the County shall, unless otherwise mutually agreed upon in writing, cease all work immediately upon the effective date of termination. The OAG shall be liable for payments limited only to the portion of work the OAG authorized in writing and which the County has completed, delivered to the OAG, and which has been accepted by the OAG. All such work shall have been completed, per the Contract requirements, prior to the effective date of termination. 5.6.3. Provision of Funding by the United States It is expressly understood that any and all of the OAG's obligations and liabilities hereunder are contingent upon the existence of a state plan for child support enforcement approved by the United States Department of Health and Human Services providing for the statewide program of child support enforcement, pursuant to the Social Security Act, and on the availability of Federal Financial Participation for the activities described herein. In the event that such approval of the state plan or the availability of Federal Financial Participation should lapse or otherwise terminate, the OAG shall promptly notify the County of such fact in writing. Upon such occurrence, the OAG shall discontinue payment hereunder. 5.6.4. Antitrust and Assignment of Claims Pursuant to 15 U.S.C. Section 1, et seq., and Texas Business and Commerce Code Section 15.01, et seq., the County affirms that it has not violated the Texas antitrust laws or federal antitrust laws and has not communicated its bid for this Contract directly or indirectly to any competitor or any other person engaged in such line of business. The County hereby assigns to the OAG any claims for overcharges associated with this Contract under 15 U.S.C. Section 1, et seq., and Texas Business and Commerce Code Section 15.01,. et seq. Brazos County SCR Contract 22-00011 Vol. 3L4Q Pg. a� Page 7 of 27 6. CONTRACT MANAGEMENT 6.1. CONTROLLED CORRESPONDENCE 6.1.1. In order to track and document requests for decisions and/or information pertaining to this Contract, and the subsequent response to those requests, the OAG and the County shall use Controlled Correspondence. The OAG will manage the Controlled Correspondence for this Contract. For each Controlled Correspondence document, the OAG will assign a tracking number and the document shall be signed by the appropriate Party's Contract Manager. 6.1.2. Controlled Correspondence shall not be used to change pricing or alter the terms of this Contract. Controlled Correspondence shall not be the basis of a claim for equitable adjustment of pricing. Any changes that involve the pricing or the terms of this Contract must be by a Contract amendment. However, the Controlled Correspondence process may be used to document refinements and interpretations of the provisions of this Contract and to document the cost impacts of proposed changes. 6.1.3. Controlled Correspondence documents shall be maintained by both Parties in on -going logs and shall become part of the normal status reporting process. Any communication not generated in accordance with such process shall not be binding upon the Parties and shall be of no effect. 6.2. NOTICES 6.2.1. Written Notice Delivery 6.2.1.1. Any notice required or permitted to be given under this Contract by one Party to the other Party shall be in writing and shall be addressed to the receiving Party at the address hereinafter specified. The notice shall be deemed to have been given immediately if delivered in person to the recipient's address hereinafter specified. It shall he deemed to have been given on the date of certified receipt if placed in the United States Mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the receiving Party at the address hereinafter specified. If the notice is sent via email, it shall be deemed to have been given on the date it is received by email submitted with a read receipt requested, confirmed received by the sender and confirmed received by the receiving Party at the email address hereinafter specified. 6.2.1.2. The address of the County for all purposes under this Contract and for all notices hereunder shall be: Gabriel Garcia(or successor in office) District Clerk, Brazos County 300 East 26th St. Suite 216 Bryan, TX 77803 Email address: Ggarcia@brazoscountytx.gov 6.2.1.3. The address of the OAG for all purposes under this Contract and for all notices hereunder shall be: Ruth Anne Thornton (or successor in office) Director of Child Support (IV -D Director) Office of the Attorney General PO Box 12017 Austin, TX 78711-2017 Email address: Ruth.Thornton@oag.texas.gov Brazos County SCR Contract 22-00011 �o►. 3Li a Pg. �g Page 8 of 27 With copies to: Clayton D. Richter (or successor in office) Transactional Attorney Manager, CSD Legal Services Office of the Attorney General PO Box 12017 (Mail Code 044) Austin, TX 78711-2017 Email address: Clayton.Richter@oag.texas.gov 6.3. CONTRACT MANAGERS 6.3.1. The OAG Contract Manager is: Jamie Lala (or successor in office) CSD-Government Contracts Office of the Attorney General PO Box 12017 (Mail Code 062) Austin, TX 78711 Email address: jamie.lala@oag.texas.gov Phone: (512) 460-6768 6.3.1.1. Any changes to this assignment shall be documented by Controlled Correspondence. 6.3.1.2. The OAG Contract Manager has the authority to: • sign Controlled Correspondence • serve as the day-to-day point of contact • coordinate quality control reviews • approve invoices • coordinate meetings with the County • investigate complaints 6.3.1.3. The OAG Contract Manager shall have no authority to agree to any Contract amendment or pricing change. 6.3.2. The County Contract Manager is: Gabriel Garcia(or successor in office) District Clerk, Brazos County 300 East 26th St. Suite 216 Bryan, TX 77803 Email address: Ggarcia@brazoscountytx.gov 6.3.2.1. Any changes to this assignment shall be documented by Controlled Correspondence. 6.3.2.2. The County Contract Manager has the authority to: • make decisions regarding the deliverables required by this Contract • sign Controlled Correspondence • serve as the day-to-day point of contact • coordinate quality control reviews • coordinate meetings with the OAG • investigate complaints 6.4. SUBCONTRACTING APPROVAL REQUIRED It is contemplated by the Parties hereto that the County shall conduct the performances provided by this Contract substantially with its own resources and through the services of its own staff. In the event that the County should determine that it is necessary or expedient to subcontract for any of the performances specified herein, the County shall subcontract for such performances only Brazos County SCR Contract 22-00011 Vol. Page 9 of 27 after the County has transmitted to the OAG a true copy of the subcontract the County proposes to execute with a subcontractor and has obtained the OAG's written approval for subcontracting the subject performances in advance of executing a subcontract. The County, in subcontracting for any performances specified herein, expressly understands and acknowledges that in entering into such subcontract(s), the OAG is in no manner liable to any subcontractor(s) of the County. In no event shall this provision relieve the County of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all terms of this Contract. 6.5. NO ASSIGNMENT BY COUNTY The County will not assign its rights under this Contract or delegate the performance of its duties under this Contract without prior written approval from the OAG. Notwithstanding anything to the contrary in the Texas Business Organizations Code or any other Texas or other state statute, a merger shall not act to cause the assumption, by the surviving entity or entities, of this Contract and/or its associated rights and duties without the prior written approval of the OAG. The term "merger" as used in this section includes, without limitation, the combining of two corporations into a single surviving corporation, the combining of two existing corporations to form a third newly created corporation; or the combining of a corporation with another form of business organization. 6.6. REPORTING FRAUD, WASTE, OR ABUSE 6.6.1. The County must report any suspected incident of fraud, waste, or abuse associated with the performance of this Contract to any one of the following listed entities: 6.6.1.1. the Contract Manager; 6.6.1.2. the Division Chief for Contract Operations, Child Support Division; 6.6.1.3. the Division Chief for Field Support, Child Support Division; 6.6.1.4. the Director for Child Support (IV -D Director); 6.6.1.5. the OAG Ethics Advisor; 6.6.1.6. the OAG's Fraud, Waste and Abuse Prevention Program (FWAPP) Hotline (800-252-8011) or the FWAPP E -mailbox (FWAPP@oag.texas.gov); 6.6.1.7. the State Auditor's Office hotline for fraud (1-800-892-8348). 6.6.2. The report of suspected misconduct shall include (if known): 6.6.2.1. the specific suspected misconduct; 6.6.2.2. the names of the individuals)/entity(ies) involved; 6.6.2.3. the date(s)/location(s) of the alleged activity(ies); 6.6.2.4. the names and all available contact information (phone numbers, addresses) of possible witnesses or other individuals who may have relevant information; and 6.6.2.5. any documents which tend to support the allegations. 6.6.3. The words fraud, waste, or abuse, as used in this Section, have the following meanings: 6.6.3.1. Fraud is the use of one's position for obtaining personal benefit (including benefit for family/Mends) through the deliberate misuse or misapplication of resources or assets. 6.6.3.2. Waste is the extravagant careless or needless expenditure of funds or consumption of property that results from deficient practices, system controls, or decisions. Brazos County SCR Contract 22-00011 Pg. 3O Page 10 of 27 6.6.3.3. Abuse is the misuse of one's position, title, or authority to obtain a personal benefit (including benefit for family/friends) or to attempt to damage someone else. 6.7. COOPERATION WITH THE OAG The County must ensure that it cooperates with the OAG and other state or federal administrative agencies, at no charge to the OAG, for purposes relating to the administration of this Contract. The County agrees to reasonably cooperate with and work with the OAG's contractors, subcontractors, and third party representatives as requested by the OAG. 6.8. DISPUTE RESOLUTION PROCESS FOR CLAIMS OF BREACH OF CONTRACT 6.8.1. The dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, as further described herein, by the OAG and the County to attempt to resolve any claim for breach of contract made by the County. 6.8.2. A claim for breach of Contract that the Parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, Subchapter B, of the Government Code. To initiate the process, the County shall submit written notice, as required by subchapter B, to the Director for Child Support (IV -D Director), Office of the Attorney General, PO Box 12017 (Mail Code 033), Austin, Texas 78711-2017. The notice shall specifically state that the provisions of Chapter 2260, Subchapter B, are being invoked. A copy of the notice shall also be given to all other representatives of the Parties otherwise entitled to notice. Compliance with Subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, Subchapter C, of the Government Code. 6.8.3. The contested case process provided in Chapter 2260, Subchapter C, of the Government Code is the sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by the OAG if the Parties are unable to resolve their disputes under the negotiation process. 6.8.4. Compliance with the contested case process is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this Contract by the OAG nor any other conduct of any representative of the OAG relating to the Contract shall be considered a waiver of sovereign immunity to suit. 6.8.5, The submission, processing, and resolution of a claim for breach of contract is governed by the published rules adopted by the OAG pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended. 6.8.6. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by the County, in whole or in part. 7. INFORMATION PROTECTION PROVISIONS 7.1. GENERAL 7.1.1. Survival of Provisions 7.1.1.1. Perpetual Survival and Severability 7.1.1.1.1. OAG rights and privileges applicable to OAG Data shall survive expiration or any termination of this Contract, and shall be perpetual. 7.1.1.1.2. As an exception to the foregoing perpetual survival, if certain OAG Data become publicly known and made generally available through no action or inaction of the County, then the County may use such publicly known OAG Data to the same extent as any other member of the public. 7.1.1.1.3. If any term or provision of this Contract, including these Information Protection Provisions, shall be found to be illegal or unenforceable, it Brazos County SCR Contract 22-00011 Vol. 3 PS. Page 11 of 27 shall be deemed independent and divisible, and notwithstanding such illegality or unen£orceability, all other terms or provisions in this Contract, including these Information Protection Provisions, shall remain in full force and effect and such term or provision shall be deemed to be deleted. 7.1.2. Applicability 7.1.2.1. References in the Information Protection Provisions. 7.1.2.1.1. All references to "OAG" shall mean the Office of the Attorney General. 7.1.2.1.2. All references to "OAG-CSD ISO" shall mean the Office of the Attorney General -Child Support Division Information Security Officer. 7.1.2.1.3. All references to "County" shall mean Brazos County. 7.1.2.1.4. All references to "County's Agents" shall mean the County's officials, employees, agents, consultants, subcontractors, and representatives, and all other persons that perform Contract Services on the County's behalf. 7.1.2.1.5. All references to "Contract Services" shall include activities within the scope of the executed Contract. 7.1.2.1.6. All references to "OAG Data" shall mean all data and information (i) originated by the OAG or, (ii) which the County accesses from OAG information systems. This Contract requires the County to retrieve data from the courts and other sources and create data within the Texas Child Support Enforcement System. OAG Data does not include data and information originated by the County in the performance of its statutory responsibilities. Government Code Chapter 552 defines the exclusive mechanism for determining whether OAG Data are subject to public disclosure. However, data that is publicly known and generally available to the public is not subject to these Information Protection Provisions. 7.1.2.1.7. All references to "OAG Customers" shall mean any person or entity that delivers, receives, accesses, or uses OAG Data. 7.1.2.1.8. The term "Security Incident" means an occurrence or event where the confidentiality, integrity, or availability of OAG Data may have been compromised and includes, without limitation, a failure by the County to perform its obligations under the Data Security and Physical and System Security subsections below. 7.1.2.2. Inclusion in all Subcontracts 7.1.2.2.1. The requirements of these Information Protection Provisions shall be included in, and apply to, all subcontracts and any agreements the County has with anyone performing Contract Services on the County's behalf. 7.1.2.3. Third Parties 7.1.2.3.1. This Contract is between the County and the OAG, and is not intended to create any independent cause of action by any third party, individual, or entity against the OAG or the County. 7.1.2.4. Termination for Non -Compliance 7.1.2.4.1. In the event that either the County or the County's Agent fails to comply with any of the Information Protection provisions, the OAG may exercise any remedy, including immediate termination of this Contract. Brazos County SCR Contract 22-00011 vol. .342- Pg• Page 12 of 27 7.1.3. Personnel Briefings Training and Acknowledgments 7.1.3.1. The County shall ensure that all persons having access to data obtained from OAG Systems are thoroughly briefed on related security procedures, restricted usage, and instructions requiring their awareness and compliance. The County's Agents shall only be granted access to OAG Systems after they have received all required security training and have executed all required security agreements, acknowledgments, and certifications. 7.1.3.2. The County shall ensure that all County personnel having access to OAG Data receive annual reorientation sessions when offered by the OAG and all County personnel that perform or are assigned to perform Contract Services shall re - execute, and/or renew their acceptance of, all applicable security documents to ensure that they remain current regarding all security requirements. 7.1.4. Key Person Dependence or Collusion The County shall protect against any key -person dependence or collusion by enforcing policies of separation of duties, restricted job responsibilities, audit logging, and job rotation. 7.2. DATA SECURITY 7.2.1. Rights in OAG Data 7.2.1.1. The County and the County's Agents possess no special right to access, use, or disclose OAG Data as a result of the County's contractual or fiduciary relationship with the OAG. As between the OAG and the County, all OAG Data shall be considered the property of the OAG and shall be deemed confidential. The County hereby irrevocably assigns, transfers, and conveys, and shall cause the County's Agents to irrevocably assign, transfer, and convey to the OAG without further consideration all of its and their right title and interest to OAG Data. Upon request by the OAG, the County shall execute and deliver and shall cause the County's Agents to execute and deliver to the OAG any documents that may be necessary or desirable under any law to preserve or enable the OAG to enforce its rights with respect to OAG Data. 7.2.2. Use of OAG Data 7.2.2.1. OAG Data have been, or will be, provided to the County and the County's Agents solely for use in connection with providing the Contract Services. Re- use of OAG Data in any form is not permitted. The County agrees that it will not access, use, or disclose OAG Data for any purpose not necessary for the performance of its duties under this Contract. Without the OAG's approval (in its sole discretion), neither the County nor the County's Agents shall: (i) use OAG Data other than in connection with providing the Contract Services; (ii) disclose, sell, assign, lease, or otherwise provide OAG Data to third parties, including any local, state, or federal legislative body; (iii) commercially exploit OAG Data or allow OAG Data to be commercially exploited; or (iv) create, distribute, or use any electronic or hard copy mailing list of OAG Customers for purposes other than in connection with providing the Contract Services. However, nothing in this Contract is intended to restrict the County from performing its other authorized duties. For example, the duty to disseminate copies of court orders to requesting parties that necessarily includes data such as names and addresses. 7.2.2.2. The County or the County's Agents may, however, disclose OAG Data to the extent required by law or by order of a court or governmental agency; provided that the County shall give the OAG, and shall cause the County's Agents to give the OAG, notice as soon as it or they are aware of the requirement; and use its or their best efforts to cooperate with the OAG if the OAG wishes to Brazos County SCR Contract 22-00011 Vol. 3L/2. Pg. 33 Page 13 of 27 obtain a protective order or otherwise protect the confidentiality of such OAG Data. The OAG reserves the right to obtain a protective order or otherwise protect the confidentiality of OAG Data. 7.2.2.3. In the event of any unauthorized disclosure or loss of OAG Data, the County shall immediately comply with the Notice subsection of the Security Incidents subsection set forth below. 7.2.3. Statutory, Regulatory and Policy Compliance The County agrees to comply with all OAG policies, standards and requirements, state and federal statutes, rules, regulations, and standards regarding the protection and confidentiality of OAG Data, for which it has received notice, as currently effective, subsequently enacted or as may be amended. The existing requirements that are applicable to the County's obligations under this Contract are included in this Contract. 7.2.4. Data Retention and Destruction 7.2.4.1. Within six (6) months of Contract award, the County and the OAG shall develop a mutually agreed upon detailed schedule for the retention and possible destruction of OAG Data. The schedule will be based upon the Contract Services being performed and the County's limited authorization to access, use, and disclose OAG Data. The County shall retain all OAG Data until such schedule is developed. Subsequent to developing and agreeing upon that schedule, the County shall: i. Retain and destroy OAG Data in accordance with the detailed schedule for its retention and destruction; ii. Destroy or purge OAG Data in a manner consistent with state policy and federal regulations for destruction of private or confidential data and in such a way so that the Data are unusable and irrecoverable; iii. Destroy all hard copy OAG Data by shredding to effect 5/16 inch wide or smaller strips and then either incinerating or pulping the shredded material; and iv. Within five (5) calendar days, excluding weekends and holidays, of destruction or purging, provide the OAG with a completed OAG-Child Support Division "Certificate of Destruction for Counties and Vendors;" a copy of which is attached hereto and included herein (Attachment C). 7.2.4.2. In the event of Contract expiration or termination for any reason, all hard -copy OAG Data shall, in accordance with the detailed retention schedule agreed to by the County and the OAG under The Data Retention and Destruction section above, either be destroyed or returned to the OAG. If immediate purging of all data storage components is not possible, the County agrees that any OAG Data remaining in any storage component will be protected to prevent unauthorized disclosures. 7.2.4.2.1. Within twenty (20) Business Days of Contract expiration or termination, the County shall provide the OAG with a signed statement detailing the nature of OAG Data retained, type of storage media, physical location(s), and any planned destruction date. 7.2.4.3. In its sole discretion, the OAG may waive notification requirements or request reasonable changes to the detailed schedule for the retention and destruction of OAG Data. 7.2.5. Requests to County for Confidential or Public Information 7.2.5.1. The County and the County's Agents expressly do not have any actual or implied authority to determine whether any OAG Data are public or exempted from disclosure. Texas Government Code Chapter 552 defines the exclusive mechanism for determining whether OAG Data are subject to public disclosure. Brazos County SCR Contract 22-00011 Vol. 31Ja Page 14 of 27 The County is not authorized to respond to public information requests on behalf of the OAG. The County agrees to forward to the OAG, by facsimile within one (1) Business Day from receipt all request(s) for information associated with the County's services under this Contract. The County shall forward any information requests to: Office of the Attorney General, Public Information Coordinator Fax (512) 494-8017 Email address: Publicrecords@oag.texas.gov 7.3. PHYSICAL AND SYSTEM SECURITY 7.3.1. General/Administrative Protections 7.3.1.1. At all times the County shall be fully responsible to the OAG for the security of the storage, processing, compilation, or transmission of all OAG Data to which it has access, and of all equipment, storage facilities, and transmission facilities on which or for which such OAG Data are stored, processed, compiled, or transmitted. 7.3.1.2. The County (and the County's Agents) shall develop and implement internal protection systems, including information security access lists and physical security access lists (the "access protection lists"), designed to protect OAG Data in accordance with applicable law and the provisions for Data Security, Physical Security, and Logical/Information System Protections contained in this Contract. The access protection lists shall document the name and other identifying data for any individual authorized to access, use, or disclose OAG Data, as well as any special conditions and limitations applicable to each authorization. 7.3.1.2.1. The County shall remove individuals from or change the access rights of individuals on the applicable access protection list immediately upon such individual no longer requiring certain access. At least quarterly, the OAG shall send the County a list of Texas Child Support Enforcement System users and the County shall review and update its access protection lists and ensure that the access protection lists accurately reflect the individuals and their access level currently authorized. 7.3.1.2.2. The OAG shall have the right to review the County's internal protection systems and access protection lists for all areas of the work site(s). The OAG may, with or without cause, and without cost or liability, deny or revoke an individual's access to OAG Data and information and any of its systems. If any authorization is revoked or denied by the OAG, then the County shall immediately use its best efforts to assist the OAG in preventing access, use or disclosure of OAG Data and the County shall be given notice of the denial. 7.3.1.2.3. The OAG, in its sole discretion and without consulting the County, may immediately terminate OAG system access for anyone performing services under this Contract. 7.3.1.2.4. The County shall immediately notify the OAG Contract Manager when any person the County authorized to access OAG systems is no longer authorized to have such access. This notice includes re -assigned or terminated individuals. 7.3.1.3. The County's physical access security and logical access security systems must track and log all access attempts and failures. The access security systems must produce access logs on request. These logs must identify all access failures and breaches. Notwithstanding anything to the contrary in this Contract, the physical access and logical access security systems access logs for Brazos County SCR Contract 22-00011 !lad. 3Ltafig.. Page 15 of 27 any particular calendar year must be retain.ed for a period of seven (7) calendar years after the last calendar day of the calendar year in which they were created. Thus, a log created on January 1, 2007 may be disposed of, with all other systems access logs created in 2007, on January 1, 2015. All physical access and logical access security systems logs must be stored to electronic media. Any stored log must be produced for viewing access and copying upon request of the OAG within five (5) Business Days of the request. 7.3.1.4. The County shall maintain appropriate audit trails to provide accountability for use and updates to OAG Data, charges, procedures, and performances. Audit trails maintained by the County shall, at a minimum, identify the supporting documentation prepared by the County to permit an audit of the system by tracing the activities of individuals through the system. The County's automated systems must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access, to, generation of, or modification of OAG Data. The County agrees that the County's failure to maintain adequate audit trails and corresponding documentation shall create a presumption that the services or performances were not performed. 7.3.2. Physical Security 7.3.2.1. The computer site and related infrastructures (e.g., information system servers, protected interface equipment, associated peripherals, communications equipment, wire closets, patch panels, etc.) must have physical security that at all times protects OAG Data against any unauthorized access to, or routine viewing of, computer devices, access devices, and printed and stored data. 7.3.2.2. Data accessed shall always be maintained in a secure environment (with limited access by authorized personnel both during work and non -work hours) using devices and methods such as, but not limited to: alarm systems, locked containers of various types, fireproof safes, restricted areas, locked rooms, locked buildings, identification systems, guards, or other devices reasonably expected to prevent loss or unauthorized removal of manually held data. The County shall also protect against unauthorized use of passwords, keys, combinations, access logs, and badges. 7.3.2.3. The County agrees that the systems operation room (which houses network equipment, servers and other centralized processing hardware) shall be accessible only by authorized IT personnel or executive management. 7.3.2.4. In situations such as remote terminals, or office work sites where all of the requirements of a secure area with restricted access cannot be maintained, the equipment shall receive the highest level of protection. This protection must include (where communication is through an external, non -organization - controlled network [e.g., the Internet]) multifactor authentication that is compliant with MIST SP 800-63, Digital Identity Guidelines. 7.3.2.5. The County shall protect information systems against environmental hazards and provide appropriate environmental protection in facilities containing information systems. 7.3.3. Logical/Information System Protections 7.3.3.1. The County shall take all reasonable steps to ensure the logical security of all information systems used in the performance of this Contract, including: i. Independent oversight of systems administrators and programmers; ii. Restriction of user, operator, and administrator accounts in accordance with job duties; Brazos County SCR Contract 22-00011 Vol. 3 Pg. Page 16 of 27 iii. Authentication of users to the operating system and application software programs; iv. The County shall adhere to OAG-approved access methods, and the protection and use of unique identifiers such as user identifications and passwords; v. The County shall have an authorization process for user access and privileges. Any access not granted is prohibited; vi. The County shall maintain an access protection list that details the rights and privileges with respect to each such user; vii. Audit trails for user account adds, deletes, and changes, as well as, access attempts and updates to individual data records; and viii. Protection to prevent unauthorized processing in or changes to software, systems, and OAG Data in the production environment. 7.3.3.2. The County shall implement protection for the prevention, detection and correction of processing failure, or deliberate or accidental acts that may threaten the confidentiality, availability, or integrity of OAG Data. 7.3.3.3. The County shall implement counter -protection against malicious software on the County's internal systems used in Contract performance. 7.3.3.4. The County shall ensure that relevant Security Incidents are identified, monitored, analyzed, and addressed. 7.3.3.5. The County shall apply a high-level of protection toward hardening all security and critical server communications platforms and ensure that operating system versions are kept current. 7.3.3.6. The County shall adhere to mutually agreed upon procedures for authorizing hardware and software changes, and for evaluation of their security impact. 7.3.3.7. The County shall institute a process that provides for immediate revocation of a user's access rights and the termination of the connection between systems, if warranted by the nature of any Security Incident. 7.4. ENCRYPTION 7.4.1. OAG Data must be encrypted while at rest on any media (e.g., USB drives, laptops, workstations, and server hard drives), in transmission, and during transport (i.e. the physical moving of media containing OAG Data). OAG Data must be encrypted using current FIPS validated cryptographic modules. The OAG will specify the minimum encryption level necessary. Any change to this minimum encryption level will be communicated in writing to the County by the OAG Contract Manager. The County shall adhere to mutually agreed upon procedures for data transmission. 7.4.2. OAG Data are not allowed on mobile/remote/portable storage devices; nor may storage media be removed from the facility used by the County. The County may submit, to the OAG Contract Manager, a written request for an exception to these prohibitions. A granted exception will be communicated in writing to the County by the OAG Contract Manager. If the OAG finds it necessary to allow storage media to be removed from a facility used by the County, the OAG will specify the circumstance(s) under which storage media may be removed. This prohibition does not apply to County Information Systems backup procedure. 7.5. SECURITY AUDIT 7.5.1. Right to Audit, Investigate, and Inspect 7.5.1.1. Without notice, the County shall permit, and shall require the County's Agents to, permit the OAG, the State Auditor of Texas, the United States Internal Revenue Service, the United States Department of Health and Human Services, and the Comptroller General of the United States to: Brazos County SCR Contract 22-00011 Vol. 314 ; pg. 37 Page 17 of 27 ix. Monitor and observe the operations of, and to perform security investigations, audits, and reviews of the operations and records of, the County and the County's Agents; x. Inspect its information system in order to assess security at the operating system, network, and application levels; provided, however, that such assessment shall not interfere with the daily operations of managing and running the system; and xi. Enter into the offices and places of business of the County and the County's Agents for a security inspection of the facilities and operations used in the performance of Contract Services. Specific remedial measures may be required in cases where the County or the County's Agents are found to be noncompliant with physical and/or data security protection. 7.5.1.2. When the OAG performs any of the above monitoring, observations, and inspections, the OAG will provide the County with reasonable notice that conforms to standard business audit protocol. However prior notice is not always possible when such functions are performed by the State Auditor of Texas, the United States Internal Revenue Service, the United States Department of Health and Human Services; and the Comptroller General of the United States. In those instances, the OAG will endeavor to provide as much notice as possible but the right to enter without notice is specifically reserved. 7.5.1.3. Any audit of documents shall be conducted at the County's principal place of business and/or the location(s) of the County's operations during the County's normal business hours and at the OAG's expense. The County shall provide to the OAG and such auditors and inspectors as the OAG may designate in writing, on the County's premises, (or if the audit is being performed of a County's Agent, the Agent's premises, if necessary) the physical and technical support reasonably necessary for the OAG auditors and inspectors to perform their work. 7.5.1.4. The County shall supply to the OAG and the State of Texas any data or reports rendered or available in conjunction with any security audit of the County or the County's Agents if those reports pertain, in whole or in part, to the Contract Services. This obligation shall extend to include any report(s) or other data generated by any security audit conducted up to one (1) year after the date of termination or expiration of the Contract. 7.6. SECURITY INCIDENTS 7.6.1. Response to Security Incidents 7.6.1.1. The County shall respond to detected Security Incidents. The County shall maintain an internal incident response plan to facilitate a quick, effective and orderly response to information Security Incidents. The incident response plan should cover such topics as: xii. Initial responders; xiii. Containment; xiv. Management Notification; xv. Documentation of Response Actions; xvi. Expeditious confirmation of system integrity; xvii. Collection of audit trails and similar evidence; xviii. Cause analysis; xix. Damage analysis and mitigation; xx. Internal Reporting Responsibility; xxi. External Reporting Responsibility; and Brazos County SCR Contract 22-00011 Page 18 of 27 xxii. OAG Contract Manager's and OAG-CSD ISO's name, phone number and email address. Attachment D is the County's current internal incident response plan. Any changes to this incident response plan requires the OAG approval (which approval shall not be unreasonably withheld) and may be made by Controlled Correspondence. 7.6.2. Notice 7.6.2.1. Within one (1) hour of discovering or having any reason to believe that there has been, any physical, personnel, system, or OAG Data Security Incident the County shall initiate risk mitigation and notify the OAG-CSD ISO and the OAG Contract Manager, by telephone and by email, of the Security Incident and the initial risk mitigation steps taken. 7.6.2.2. Within twenty-four (24) hours of the discovery, the County shall conduct a preliminary risk analysis of the Security Incident; commence an investigation into the incident; and provide a written report utilizing the attached Security Incident Report (Attachment E) to the OAG-CSD ISO, with a copy to the OAG Contract Manager fully disclosing all information relating to the Security Incident and the results of the preliminary risk analysis. This initial report shall include, at a minimum: nature of the incident (e.g., data loss/corruption/intrusion); cause(s); mitigation efforts; corrective actions; and estimated recovery time. 7.6.2.3. Each day thereafter until the investigation is complete, the County shall: xxiii. Provide the OAG-CSD ISO, or the OAG-CSD ISO's designee, with a daily oral or email report regarding the investigation status and current risk analysis; and xxiv. Confer with the OAG-CSD ISO or the OAG-CSD ISO's designee, regarding the proper course of the investigation and risk mitigation. 7.6.2.4. Whenever daily oral reports are provided, the County shall provide, by close of business each Friday, an email report detailing the foregoing daily requirements. 7.6.3. Final Report 7.6.3,1. Within five (5) Business Days of completing the risk analysis and investigation, the County shall submit a written Final Report to the OAG-CSD ISO with a copy to the OAG Contract Manager, which shall include: 7.6.3.1.1. A detailed explanation of the cause(s) of the Security Incident; 7.6,3.1.2. A detailed description of the nature of the Security Incident, including, but not limited to, extent of intruder activity (such as files changed, edited, or removed; Trojans), and the particular OAG Data affected; and 7.6.3.1.3. A specific cure for the Security Incident and the date by which such cure shall be implemented, or if the cure has been put in place, a certification to the OAG that states the date that the County implemented the cure and a description of how the cure protects against the possibility of a recurrence. 7.6.3.2. If the cure has not been put in place by the time the report is submitted, the County shall within thirty (30) calendar days after submission of the final report, provide a certification to the OAG that states: the date that the County implemented the cure and a description of how the cure protects against the possibility of a recurrence. 7.6.3.3. If the County fails to provide a Final Report and Certification within forty-five (45) calendar days, or as otherwise agreed to, of the Security Incident, the County agrees the OAG may exercise any remedy in equity, provided by law, or Brazos County SCR Contract 22-00011 Q Page 19 of 27 Vol. 314a, pg. 39 I identified in the Contract. The exercise of any of the foregoing remedies will not constitute a termination of this Contract unless the OAG notifies the County in writing prior to the exercise of such remedy. 7.6.4. Independent Right to Investigate The OAG reserves the right to conduct an independent investigation of any Security Incident, and should the OAG choose to do so, the County shall cooperate fully, making resources, personnel, and systems access available. If at all possible, the OAG will provide reasonable notice to the County that it is going to conduct an independent investigation. 7.7. REMEDIAL ACTION 7.7.1. Remedies Not Exclusive and Injunctive Relief 7.7.1.1. The remedies provided in this section are in addition to, and not exclusive of, all other remedies available within this Contract, or at law or in equity. The OAG's pursuit or non -pursuit of any one remedy for a Security Incident(s) does not constitute a waiver of any other remedy that the OAG may have at law or equity. 7.7.1.2. If injunctive or other equitable relief is available, then the County agrees that the OAG shall not be required to post bond or other security as a condition of such relief. 7.7.2. Notice and Compensation to Third Parties 7.7.2.1. In the event of a Security Incident, third party or individual data may be compromised. 7.7.2.2. Subject to the OAG review and approval, the County shall provide notice of the Security Incident, with such notice to include: xxv. A brief description of what happened; xxvi. A description, to the extent possible, of the types of personal data that were involved in the security breach (e.g., full name, SSN, date of birth, home address, account number, etc.); xxvii. A brief description of what is being done to investigate the breach, mitigate losses, and to protect against any further breaches; xxviii. Contact procedures for those wishing to ask questions or learn additional data, including a telephone number, website, if available, and postal address; and xxix. Instructions for accessing the Consumer Protection Identity Theft section of the OAG website. 7.7.2.3. The County and the OAG shall mutually agree on the methodology for providing the notice required in this subsection. Neither Party shall unreasonably withhold such agreement; however, the notice method must comply with the notification requirements of Section 521.053, Texas Business and Commerce Code (as currently enacted or subsequently amended). Provided further that the County must also comply with Section 521.053's "consumer reporting agency" notification requirements. 7.7.2.4. If the County does not provide the required notice, the OAG may elect to provide notice of the Security Incident. The notice method must comply with Section 521.053, Texas Business and Commerce Code (as currently enacted or subsequently amended). Costs (excluding personnel costs) associated with providing notice shall be reimbursed to the OAG by the County. If the County does not reimburse such cost within thirty (30) calendar days of request, the OAG shall have the right to collect such cost. Additionally, the OAG may collect such cost by offsetting or reducing any future payments owed to the County. Brazos County SCR Contract 22-00011 Vol. 34 Pg. 14° Page 20 of 27 7.8. COMMENCEMENT OF LEGAL ACTION The County shall not commence any legal proceeding on the OAG's behalf without the OAG's express written consent. 8. AMENDMENT This Contract shall not be amended or modified except by written amendment executed by duly authorized representatives of the OAG and the County. 9. TERMINATION OF THE CONTRACT 9.1. CONVENIENCE OF THE PARTIES The Parties to this Contract shall have the right, in each Party's sole discretion and at its sole option, to terminate this Contract by notifying the other Party hereto in writing of such termination at least thirty (30) calendar days prior to the effective date of such termination. Such notice of termination shall comply with the notice provisions in the Notices Section above, and shall state the effective date of such termination. 9.2. TERMINATION FOR CAUSE/DEFAULT 9.2.1. If the County fails to provide the contracted services required under this Contract according to the provisions of this Contract, or fails to comply with any of the terms or conditions of this Contract, the OAG may, upon notice of default to the County, immediately terminate all or any part of this Contract. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law or under this Contract. 9.2.2. The OAG may exercise any other right, remedy or privilege which may be available to it under applicable law of the State and any other applicable law or proceed by appropriate court action to enforce the provisions of this Contract, or to recover damages for the breach of any agreement being derived from this Contract. The exercise of any of the foregoing remedies will not constitute a termination of this Contract unless the OAG notifies the County in writing prior to the exercise of such remedy. The County will remain liable for all covenants and indemnities under the aforesaid agreement. The County and the OAG will each be responsible for the payment of its own legal fees, and other costs and expenses, including attorney's fees and court costs, incurred with respect to the enforcement of any of the remedies listed herein. 9.3. CHANGE IN FEDERAL OR STATE REQUIREMENTS If federal or state laws, rules or regulations, or other federal or state requirements or guidelines are amended or judicially interpreted so that either Party cannot reasonably fulfill this Contract and if the Parties cannot agree to an amendment that would enable substantial continuation of the Contract, the Parties shall be discharged from any further obligations under this Contract. 9.4. RIGHTS UPON TERMINATION In the event that this Contract is terminated for any reason, or upon its expiration, the OAG shall retain ownership of all associated work products and documentation with any order that results from or is associated with this Contract in whatever form that they exist. 9.5. SURVIVAL OF TERMS Termination of this Contract for any reason shall not release the County from any liability or obligation set forth in this Contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination. Brazos County SCR Contract 22-00011 Vol. Pg. 9-1 Page 21 of 27 10. TERMS AND CONDITIONS 10.1. FEDERAL TERMS AND CONDITIONS 10.1.1. Compliance with Law and Conforming Amendments The County shall comply with all federal and state laws, rules, regulations, requirements and guidelines applicable to the County: (1) performing its obligations hereunder and to assure, with respect to its performances hereunder, that the OAG is fully and completely meeting obligations imposed by all laws, rules, regulations, requirements, and guidelines upon the OAG in carrying out the program of child support enforcement pursuant to Title IV, Part D, of the Social Security Act of 1935, as amended; (2) providing services to the OAG as these laws, rules, regulations, requirements and guidelines currently exist and as they are amended throughout the term of this Contract. The OAG reserves the right, in its sole discretion, to unilaterally amend this Contract throughout its term to incorporate any modifications necessary for the OAG's or the County 's compliance with all applicable state and federal laws, rules, regulations, requirements, and guidelines. 10.1.2. Equal Employment Opportunity The County agrees that no person shall, on the ground of race, color, religion, sex, national origin, age, disability, political affiliation, or religious belief, be excluded from the participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in the administration of, or in connection with, any program or activity funded in whole or in part with funds available under this Contract. The County shall comply with Executive Order 11246, "Equal Employment Opportunity" as amended by Executive Order 11375, "Amending Executive Order 11246 relating to Equal Employment Opportunity", and as supplemented by regulations at 41 CFR Part 60, "Office of Federal Agreement Compliance Programs, Equal Employment Opportunity Department of Labor". The County shall ensure that all sub agreements/subcontracts comply with the above referenced provisions. 10.1.3. Certification Regarding Debarment, Suspension, Ineligibility, and Exclusion from Participation in Contracts The County certifies by entering into this Contract, that neither it nor its principals are debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in this transaction by any federal department or agency. The certification requirement of this provision shall be included in all subcontracts. 10.1.4. Records Retention and Inspection The County shall retain all financial records, supporting documents, statistical records, and any other records, documents, papers, or books (collectively referred to as records) relating to the performances called for in this Contract. The County shall retain all such records for a period of seven (7) years after the expiration of the term of this Contract, or until the OAG or the United States are satisfied that all audit, claim, negotiation and litigation matters are resolved, whichever period is longer. The County shall grant access to all such records to the OAG, the State Auditor of Texas, the United States Department of Health and Human Services and the Comptroller General of the United States (or any of their duly authorized representatives) for the purposes of inspecting, auditing, or copying such records. The requirements of this provision shall be included in all subcontracts. 10.1.5. Environmental Protection The County shall be in compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 USC 1857(h)) Section 508 of the Clean Water Act (33 USC 1368) Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). The requirements of this provision shall be included in all subcontracts that exceed $150,000. Brazos County SCR Contract 22-00011 3L1 a. Page 22 of 27 10.1.6. Certain Disclosures Concerning Lobbying The County shall comply with the provisions of a federal law known generally as the Lobbying Disclosure Acts of 1989, and the regulations of the United States Department of Health and Human Services promulgated pursuant to said law, and shall make all disclosures and certifications as required by law. Upon execution of this Contract, the County must sign the Certification Regarding Lobbying attached as Attachment F and return it to the OAG along with the executed copy of this Contract. This certification certifies that the County will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. §1352. It also certifies that the County will disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award by completing and submitting Standard Form LLL. The certification requirement of this provision shall be included in all subcontracts that exceed $100,000. 10.1.7. Certification Concerning Dealings with Public Servants The County, by signing the Contract, certifies that it has not given nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this transaction. 10.2. GENERAL RESPONSIBILITIES 10.2.1. Independent Contractor This Contract shall not render the County an employee, officer, or agent of the OAG for any purpose. The County is and shall remain an independent contractor in relationship to the OAG. It is expressly understood and agreed by the Parties hereto that the County is an independent contractor that shall have exclusive responsibility for any and all claims, demands, causes of action of every kind and character which may be asserted by any third -party occurring from, in any way incident to, arising out of or in connection with the activities to be performed by the County hereunder. The OAG shall not be responsible for withholding taxes from payments made under this Contract. The County shall have no claim against the OAG for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. 10.2.2. No Implied Authority Any authority delegated to the County by the OAG is limited to the terms of this Contract. The County shall not rely upon implied authority and specifically is not delegated authority under this Contract to: i. Make public policy; ii. Promulgate, amend, or disregard the OAG Child Support program policy; or iii. Unilaterally communicate or negotiate, on behalf of the OAG, with any member of the U.S. Congress or any member of their staff, any member of the Texas Legislature or any member of their staff, or any federal or state agency. However, the County is required to cooperate fully with the OAG in communications and negotiations with federal and state agencies, as directed by the OAG. 10.2.3. Force Majeure The OAG shall not be responsible for performance of the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the OAG. Brazos County SCR Contract 22-00011 vol. 34 Page 23 of 27 10.2.3.1. The County shall not be liable to the OAG for non-performance or delay in performance of a requirement under this Contract if such non-performance or delay is due to one of the following occurrences, which occurrence must not be preventable through the exercise of reasonable diligence, be beyond the control of the County, cannot be circumvented through the use of alternate sources, work -around plans, or other means and occur without its fault or negligence: fire; flood; lightning strike; weather damage; earthquake; tornado; hurricane; snow or ice storms; equipment break down; acts of war, terrorism, riots, or civil disorder; strikes and disruption or outage of communications, power, or other utility. 10.2.3.2. In the event of an. occurrence under the preceding paragraph, the County will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the County continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The County shall immediately notify the OAG Contract Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non- performance or delay in performance. 10.2.4. News Releases or Pronouncements The OAG does not endorse any vendor, commodity, or service. No public disclosures or news releases pertaining to this Contract shall be made without prior written approval of the OAG. 10.3. OFFSHORING All work to be performed under this Contract shall be performed within the United States and its territories. 10.4. RIGHT OF REMOVAL The OAG expects all services under this Contract to be competently and professionally performed. The County and the County's subcontractor personnel and agents shall comply with all OAG policy, procedures, and requirements relating to standards of conduct and shall be courteous and professional in all communications during their performance of the requirements of this Contract. Any actions deemed incompetent or unprofessional must be remedied to the satisfaction of the OAG Contract Manager. The OAG reserves the right, in its sole discretion, to require the immediate removal from the performance of services under this Contract and replacement of any County and/or County subcontractor personnel and agents deemed by the OAG to be discourteous, unprofessional, incompetent, careless, unsuitable, or otherwise objectionable, or terminate this Contract if an acceptable resolution is not achieved. Any replacement personnel assigned by the County to perform services under this Contract must have qualifications for the assigned position that equal or exceed those of the person being replaced. 10.5. CYBERSECURITY TRAINING The County represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program. The County will provide the OAG Contract Manager with verification of completion within thirty (30) days of Contract execution and Contract renewals. 10.6. BACKGROUND REVIEWS 10.6.1. By entering into this Contract, the County acknowledges that the OAG will perform background reviews, to include criminal history record information, of all the County Agents before allowing a County Agent access to OAG Data or to work in an OAG facility. The term County Agent as used in this "Background Reviews" provision means: County's officials, employees, agents, consultants, subcontractors, and representatives, Brazos County SCR Contract 22-00011 Page 24 of 27 and all other persons that perform Contract services on County's behalf. No County Agent who has been convicted of a felony for crimes involving violence, child abuse or neglect, sexual offenses, theft or fraud or is a registered sex offender may access OAG Data or work in an OAG facility. 10.6.2. The Child Support Division of the OAG is the Title IV -D agency for the State of Texas. Pursuant to Texas Government Code Section 411.127 the OAG has the right to obtain criminal history record information that relates to an entity who proposes to enter into a contract with or that has a contract with the OAG. The OAG shall have the right under this Contract to perform initial and periodic detailed background reviews, to include a • criminal history records check, on any of the County's Agents that are assigned to provide services to the OAG or are authorized to access, or are requesting access to OAG Data. Upon request, and to assist the OAG in performing background reviews and criminal records checks, the County shall provide identifying data and any required consent and authorization to perform such reviews and checks. Additionally, the County or the County's Agents will be required to comply with OAG policy and procedure to provide an electronic scan of fingerprints and collection of demographic information to the OAG's designated agent in order to facilitate a National Criminal History records inquiry and if applicable a State and local criminal records inquiry. The OAG is prohibited from revealing the results of any criminal history records check to the County. 10.6.3. Prior to allowing a County Agent access to OAG Data or to work in an OAG facility, the County shall provide the OAG with a completed "New County User Access" form (Attachment G) which includes: • the County Agent's name (including any other names used); • daytime phone number; • responsibilities under the Contract; • date of birth; • driver license number; and • social security number. 10.6.4. The County shall provide the "Request for New County User" form via email to CSD- CountvAccess@oag.texas.gov. 10.6.5. The County shall provide an updated list to the OAG whenever a new County Agent is assigned to access OAG Data or work in an OAG facility. The County shall notify the OAG whenever a County Agent is to assume a new responsibility with regard to accessing OAG Data or working in an OAG facility. The County is required to notify the OAG immediately when a County Agent is no longer performing OAG contract associated services. 10.6.6. No County Agent shall access OAG Data or work in an OAG facility or assume new responsibilities regarding same until the OAG consents to such County Agent performing such service or new responsibility. This prohibition pertains to performance of Contract Services and is not intended to preclude the County from continuing to engage County Agent's services for non -contract services. 10.6.7. The County must require all County Agents to notify the County of any arrest (to include the date of arrest, arresting entity, and charges) at the earliest possible opportunity but no later than the end of the first Business Day following an arrest. Within one (1) Business Day of an arrest notification the County shall notify the OAG of the arrest. The County must also require any County Agent who has been arrested to provide an official offense report to the County as soon as possible but no later than thirty (30) calendar days from the date of the arrest. Within one (1) Business Day of receipt of the report, the County shall provide the OAG with a copy of the offense report. Brazos County SCR Contract 22-00011 Vol. 3a pg. 45 Page 25 of 27 10.7. NON -WAIVER OF RIGHTS Failure of a Party to require performance by another Party under this Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party's exercise or partial exercise of any right or remedy under this Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of this Contract will not be construed as a waiver of any continuing or succeeding breach. Should any provision of this Contract be invalid or unenforceable, the remainder of the provisions will remain in effect. 10.8. NO WAIVER OF SOVEREIGN IMMUNITY THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY THE OAG, THE STATE OF TEXAS OR THE COUNTY OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT THE OAG, THE STATE OF TEXAS OR THE COUNTY MAY HAVE BY OPERATION OF LAW. 10.9. SEVERABILITY If any provision of this Contract is construed to be illegal or invalid, such construction will not affect the legality or validity of any of its other provisions. The illegal or invalid provision will be deemed severable and stricken from the Contract as if it had never been incorporated herein, but all other provisions will continue in full force and effect. 10.10. APPLICABLE LAW AND VENUE The County agrees that this Contract in all respects shall be governed by and construed in accordance with the laws of the State of Texas, except for its provisions regarding conflicts of laws. The County also agrees that the exclusive venue and jurisdiction of any properly allowed legal action or suit concerning this Contract or in any way relating to this Contract shall be commenced in a court of competent jurisdiction in Travis County, Texas. The County hereby waives and agrees not to assert: (a) that the County is not personally subject to the jurisdiction of a court of competent jurisdiction in Travis County, Texas, (b) that the suit, action, or proceeding is brought in an inconvenient forum, (c) that the venue of the suit, action, or proceeding is improper, or (d) any other challenge to the jurisdiction or venue. The County further agrees that all payments shall be due and payable in Travis County, Texas. 10.11. ENTIRE CONTRACT This document represents the entire agreement between the Parties. No prior agreement or understanding, oral or otherwise, of the Parties or their agents will be valid or enforceable unless embodied in this document. 10.12. ORIGINALS AND COUNTERPARTS This Contract may be executed in one (1) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Brazos County SCR Contract 22-00011 Vol. pg. LkC-P Page 26 of 27 10.13. ATTACHMENTS 10.13.1. Attachment A: OAG Procedures for Customer Identification 10.13.2. Attachment B: Record of Support, Form 1828 10.13.3. Attachment C: Certificate of Destruction for Counties and Vendors 10.13.4. Attachment D: County's Incident Response Plan 10.13.5. Attachment E: Security Incident Report 10.13.6. Attachment F: Certification Regarding Lobbying 10.13.7. Attachment G: New County User Access Form THIS CONTRACT IS HEREBY ACCEPTED OFFICE OF THE ATTORNEY GENERAL COUNTY Signature Date Ruth Anne Thornton Director of Child Support (IV -D Director) The Honorable Duane Peters County Judge, Brazos County Signature Date Brazos County SCR Contract 22-00011 Vol. 3L. Pg.q7 Page 27 of 27 ATTACHMENT A OAG Procedures For Customer Identification County shall adhere to the OAG Procedures when a request is received for member and/or case information. Identifying Walk -In or Caller Before updating member and/or case information, such as home address, phone number, etc., verify the caller or walk-in's identity. Ask the person for the following identifiers: • Name • Case Identification Number (CIN) • Social Security Number (if CIN unavailable) • Date of Birth • Home address Unidentifiable Walk -In or Caller If there is any doubt about the caller's identity after these identifiers have been obtained, ask for the children names and date of birth. When pertinent information is unavailable on registry -only (RO) cases, county staff are prevented from verifying a caller's identity. Once all attempts to verify the caller's identity have been exhausted, instruct the caller/walk-in to take one of the following actions in order to have the member/case information updated on OAG Case Management System: Provide proof of identity via Mail, Fax or Email Provide proof of identity by providing the supporting documents: • A copy of a valid photo ID (i.e. driver's license) Provide a scanned copy of the information to be updated: • Bill with home address (i.e. utility bill) • SSN card • DOB • Name change — photo ID with new name Vol, 3L Pg. L;?. Figure: 1 TAC §55.121 CHI.4.0 SUPPORT DIVISION Record of Support ATTACHMENT B This form is used by counties to provide the record of support data needed by the state case registry as required by the Texas Family Code § 105.008. (Counties may use the TXCSES Web Portal to provide this information in lieu of completing this form.) Send the completed form to the State Case Registry/County Contact Team by fax 877-924-6872, e-mail csd-sdu(a oag.texas.gov , or mail to TxCSDU, P.O. Box 659400, San Antonio, TX 78265. Order Information County Name: Court Number: Cause Number: Attorney General Case Number: Date of Hearing: Order Sign Date: Order Type: Pa ment Location: ❑ SDU ❑ New Order ❑ Modified Order ❑ Coun ❑ Other Obligee/Custodial Parent Information ❑ Family Violence Protection (FV) (Check if individual below is a victim offamily violence) Name: Date of Birth: Social Security Number: Address: City: State: Zip: Sex: ❑ Male ❑ Female Driver's License Number: Home Phone: Work Phone: Cell Phone: Relationship to Child(ren): Employer Name: Address: City: Obligor/Non-Custodial Parent Information ❑ Family Violence Protection (FV) (Check if individual below is a victim offamily violence Name: State: Zip: Date of Birth: Social Security Number: Address: City: State: Zip: Sex: ❑ Male ❑ Female Driver's License Number: Home Phone: Work Phone: Cell Phone: Relationship to Child(ren): Employer Name: Address: City: State: Zip: Post Office Box 12017, Austin, Texas 78711-2017 Tel: (512)460-6000 1-800-252-8014 email: csd-sdu®oag.texas.gov or visit the Office of the Attorney General's website (www.texasattorneygeneral.gov). Form 1828 Lj September 2014 Vol. Pg- `—� Figure: 1 TAC §55.121 CHILD SUPPUN'r DIVISION ATTACHMENT B l ependent Information ❑ Family Violence Protection (FV) (Check if dependent below is a victim of family violence) Name: Sex: ❑ Male ❑ Female Date of Birth: Social Security Number: ❑ Family Violence Protection (FV) (Check if dependent below is a victim of family violence) Name: Sex: ❑ Male ❑ Female Date of Birth: Social Security Number: ❑ Family Violence Protection (FV) (Check if dependent below is a victim of family violence) Name: Sex: ❑ Male ❑ Female Date of Birth: Social Security Number: ❑ Family Violence Protection (FV (Check if dependent below is a victim of family violence) Name: Sex: ❑ Male ❑ Female Date of Birth: Social Security Number: Attach additional forms if there are more children for this cause ttorney Information Obligee Attorney: Phone: Obligor Attorney: Phone: Form prepared by: Phone: Date: Post Office Box 12017, Austin, Texas 78711-2017 Tel: (512)460-6000 1-800-252-8014 email: csd-sdu@oag.texas.gov or visit the Office of the Attorney General's website (www.texasattorneygeneral.gov). Form 1828 September 2014 Vol. 344P-- Pg. ,1/4-O ATTACHMENT C Office of the Attorney General — Child Support Division Certificate of Destruction for Contractors and Vendors Hard copy and electronic media must be sanitized prior to disposal or release for reuse. The OAG tracks, documents, and verifies media sanitization and disposal actions. The media must be protected and controlled by authorized personnel during transport outside of controlled areas. Approved methods for media sanitization are listed in the NIST Special Publication 800- 88 Revision 1, Guidelines for Media Sanitization: http://nvlpubs.nist.aov/nisto vbubs/SpecialPublications/NIST.SP.800-88r1.pdf Contact Name Title Company Name and Address Phone You may attach an inventory of the media if needed for bulk media disposition or destruction. Media Type Media Title / Document Name Hard Copy I Electronic Media Description (Paper, Microfilm, Computer Media, Tapes, etc.) Dates of Records Document/ Record Tracking Number OAG Item Number Make / Model Serial Number Item Sanitization CLEAR Who Completed? Who Verified? PURGE Phone Phone DESTROY DATE Completed Sanitization Method and/or Product Used - Final Disposition of Media Reused Internally Destruction / Disposal Reused Externally Returned to Manufacturer Other: Comments: If any OAG Data is retained, indicatethe type.of storage media, physical locations(s), and any • .planned destruction date: • Description of OAG Data Retained and Retention Requirements: Proposed method of destruction for OAG approval: Type of storage media? Physical location? Planned:destructon date? .. Within five (5) calendar days of destruction or purging, provide the OAG with a signed statement containing the date of clearing, purging or destruction, description of OAG data cleared, purged or destroyed and the method(s) used. Authorized approval has been received for the destruction of media identified above and has met all OAG Records Retention Schedule requirements including state, federal and/or internal audit requirements and is not pending any open records requests. Records Destroyed by: _ : ;` Records Destruction Verified by: Signature Date Signature Date Be sure to enter name and contact info for who completed the data destruction and who verified data destruction in the fields above. OAG-CSD Certificate of Destruction for Contractors or Vendors Attachment # Revised: 04-24-17 1 of 2 Vol. (31-a pg. 51 ATTACHMENT C Office of the Attorney General — Child Support Division Certificate of Destruction for Contractors and Vendors INSTRUCTIONS FOR CERTIFICATE OF DESTRUCTION Hard copy and electronic media must be sanitized prior to disposal or release for reuse. The OAG tracks, documents, and verifies media sanitization and disposal actions. The media must be protected and controlled by authorized personnel during transport outside of controlled areas. Approved methods for media sanitization are listed in the NIST Special Publication 800-88 Revision 1, Guidelines for Media Sanitization: httrJ/nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-88r1.pdf IRS Publication 1075 directs us to NIST guidelines for sanitization and disposition of media used for federal tax information (FTI). These guidelines are also required for sensitive or confidential information that may include personally identifiable information (PII) or protected health information (PHI). NIST SP 800-88, Appendix A contains a matrix of media with minimum recommended sanitization techniques for clearing, purging, or destroying various media types. This appendix is to be used with the decision flow chart provided in NIST SP 800-88 Revision 1, Section 4. There are two primary types of media in common use: • Hard Copy. Hard copy media is physical representations of information. Paper printouts, printer and facsimile ribbons, drums, and platens are all examples of hard copy media. • Electronic (or soft copy). Electronic media are the bits and bytes contained in hard drives, random access memory (RAM), read-only memory (ROM), disks, memory devices, phones, mobile computing devices, networking equipment, and many other types listed in NIST SP 800-88 Revision 1, Appendix A. 1. For media being reused within your organization, use the CLEAR procedure for the appropriate type of media. Then validate the media is cleared and document the media status and disposition. 2. For media to be reused outside your organization or if leaving your organization for any reason, use the PURGE procedure for the appropriate type of media. Then validate the media is purged and document the media status and disposition. Note that some PURGE techniques such as degaussing will typically render the media (such as a hard drive) permanently unusable. 3. For media that will not be reused, use the DESTRUCTION procedure for the appropriate type of media. Then validate the media is destroyed and document the media status and disposition. 4. For media that has been damaged (i.e. crashed drive) and can not be reused, use the DESTRUCTION procedure for the appropriate type of media. Then validate the media is destroyed and document the media status and disposition. 5. If immediate purging of all data storage components is not possible, data remaining in any storage component will be protected to prevent unauthorized disclosures. Within twenty (20) business days of contract expiration or termination, provide OAG with a signed statement detailing the nature of OAG data retained type of storage media, physical location, planned destruction date, and the proposed methods of destruction for OAG approval. 6. Send the signed Certificate of Destruction to: OAG: Child Support Division Information Security Office PO Box 12017 Austin, TX 78711-2017 FAX to: 512-460-6027 . or send as an email attachment to: Arthur. Cantrell(a)oaq.texas.gov Final Distribution of Certificate Original to: Arthur Cantrell, Information Security Officer 512-460-6061 Copy to: 1. Your Company Records Management Liaison - or - Information Security Officer 2. CSD Contract Manager OAG-CSD Certificate of Destruction for Contractors or Vendors Attachment # - Voi. 3I - a Hg. Revised: 04-24-17 2 of 2 ATTACHMENT D Brazos County Incident Response Plan Adopted Date: Overview This Incident Response Plan is designed to provide general guidance to county staff, both technical and managerial, to: 1. enable quick and efficient recovery in the event of security incidents which may threaten the confidentiality of OAG Data; 2. respond in a systematic manner to incidents and carry out all necessary steps to handle an incident; 3. prevent or minimize disruption of mission -critical services; and, 4. minimize loss or theft of confidential data. The plan identifies and describes the roles and responsibilities of the Incident Response Team and outlines steps to take upon discovery of unauthorized access to confidential data. The Incident Response Team is responsible for putting the Plan into action. Incident Response Team The Incident Response Team is established to provide a quick, effective and orderly response to any threat to confidential data. The Team's mission is to prevent a serious loss of information assets or public confidence by providing an immediate, effective and skillful response to any unexpected event involving computer information systems, networks or databases. The Team is responsible for investigating suspected security incidents in a timely manner and reporting findings to management and the appropriate authorities. Page 1 of 3 blot. Pg. 53 ATTACHMENT D Incident Response Team Roles and Responsibilities Position Roles and Responsibilities Chief Information Security Officer (CISO) • Immediately report incident directly to OAG CISO and OAG Contract Manager • Determine nature and scope of the incident • Contact members of the Incident Response Team • Determine which Team members play an active role in the investigation • Escalate to executive management as appropriate • Contact other departments as appropriate • Monitor and report progress of investigation to OAG CISO • Ensure evidence gathering and preservation is appropriate • Prepare and provide a written summary of the incident and corrective action taken to OAG CISO Information Technology Operations Center • Central point of contact for all computer incidents • Notify CISO to activate Incident Response Team Information Privacy Office • Document the types of personal information that may have been breached • Provide guidance throughout the investigation on issues relating to privacy of customer and employee personal information • Assist in developing appropriate communication to impacted parties • Assess the need to change privacy policies, procedures and/or practices as a result of the breach Network Architecture • Analyze network traffic for signs of external attack • Run tracing tool and event loggers • Look for signs of firewall breach • Contact external Internet service provider for assistance as appropriate • Take necessary action to block traffic from suspected intruder • Prepare Incident Containment Report, as appropriate, and forward to County CISO Operating Systems Architecture • Ensure all service packs and patches are current on mission -critical computers • Ensure backups are in place for all critical systems • Examine system logs of critical systems for unusual activity • Prepare Incident Containment Report, as appropriate, and forward to County CISO Business Applications • Monitor business applications and services for signs of attack • Review audit logs of mission -critical servers for signs of suspicious activity • Contact the Information Technology Operations Center with any information relating to a suspected breach • Collect pertinent information regarding the incident at the request of the CISO Internal Auditing • Review systems to ensure compliance with information security policy and controls • Perform appropriate audit test work to ensure mission -critical systems are current with service packs and patches • Report any system control gaps to management for corrective action Page 2 of 3 vaa.31--A pg.,Sc( ATTACHMENT D. Position Roles and Responsibilities • Prepare Incident Eradication Report and forward to County CISO Incident Contact List OAG Contact information Position Name Phone Number Email address OAG Information Security Officer Arthur Cantrell 512-460-6061 arthur.cantrell@texasattorneygeneral.gov OAG Contract Manager Jamie Lala 512-460-6768 jamie.lala@texasattorneygeneral.gov County Contact Information Position Name Phone Number Email address Chief of Information Security Officer County Contract Manager Information Technology Operations Center Information Privacy Office Network Architecture Operating Systems Architecture Business Applications Internal Auditing Page 3 of 3 Vol. Pg. 3S- County Contact Information Position Name Kevin Chief of Information Secuirty Officer Joyner Gabriel County Contrct Manager Garcia Information Technology Operations Center Kevin Joyner Information Privacy Office Network Architecture Operating Systems Architecture Business Applications Internal Auditing Kevin Joyner Billy Melzow Billy Melzow. Kathy Pierson Kevin Joyner Phone Number 979-361-4310 979-361-4230 979-361-4310 979-361-4310 979-361-4310 979-361-4310 979-361-4310 979-361-4310 Vol. _34a Email Address KJoyner@brazoscountytx.gov GGarcia@brazoscountyhc.gov Kioyner@brazoscountytx.gov KJoyner@brazoscountytx.gov bmelzow@brazoscountytx.gov bmelzow@brazoscountytx.gov KPierson@brazoscountytx.gov KJovner@brazoscountvtx.gov Email KThomas@brazoscountytx.gov JPThompson@brazoscountytx.gov LBrooks@brazoscountytx.gov JOCon@brazoscountytx.gov GGarcia@brazoscountytx.gov YCadena@brazoscountytx.gov KEmert@brazoscountytx.gov KCoston@brazoscountytx.gov lBergeron@brazoscountytx.gov HLadd@brazoscountytx.gov SMcQueen@brazoscountytx.gov DRay@brazoscountytx.gov VLimon@brazoscountytx.gov JHernandez@brazoscountytx.gov MBradford@brazoscountytx.gov JAlexander@brazoscountytx.gov MNava@brazoscountytx.gov JFJohnson@brazoscountytx.gov AWeichert@brazoscountytx.gov JMartinez@brazoscountytx.gov First Name Last Name Division Kasey Thomas District Clerk James Thompson District Clerk Lauren Brooks District Clerk John O'Con District Clerk Gabriel Garcia District Clerk Yulissa Cadena District Clerk Kristin Emert District Clerk Katie Coston District Clerk Joan Bergeron District Clerk Heather Ladd District Clerk Samantha McQueen District Clerk Denise Ray District Clerk Victoria Limon District Clerk Jessica Hernandez District Clerk Michael Bradford District Clerk Jeri Alexander District Clerk Maria Nava District Clerk Jessica Johnson District Clerk Ashley Weichert District Clerk Jessica Martinez District Clerk Content 2020 Kevin Mitnick Security Awareness Training - 45 Min 2020 Kevin Mitnick Security Awareness Training - 45 Min 2020 Kevin Mitnick Security Awareness Training - 45 Min 2020 Kevin Mitnick Security Awareness Training - 45 Min 2020 Kevin Mitnick Security Awareness Training - 45 Min 2020 Kevin Mitnick Security Awareness Training - 45 Min 2020 Kevin Mitnick Security Awareness Training - 45 Min 2020 Kevin Mitnick Security Awareness Training - 45 Min 2020 Kevin Mitnick Security Awareness Training - 45 Min 2020 Kevin Mitnick Security Awareness Training - 45 Min 2020 Kevin Mitnick Security Awareness Training - 45 Min 2020 Kevin Mitnick Security Awareness Training - 45 Min 2020 Kevin Mitnick Security Awareness Training - 45 Min 2020 Kevin Mitnick Security Awareness Training -45 Min 2020 Kevin Mitnick Security Awareness Training - 45 Min 2020 Kevin Mitnick Security Awareness Training - 45 Min 2020 Kevin Mitnick Security Awareness Training - 45 Min 2020 Kevin Mitnick Security Awareness Training - 45 Min 2020 Kevin Mitnick Security Awareness Training - 45 Min 2020 Kevin Mitnick Security Awareness Training - 45 Min Status passed passed passed passed passed passed passed passed passed passed passed passed passed passed passed passed passed passed passed passed ATTACHMENT E C IIII.O SUPPONT DIVISION To immediately report an incident please contact: SECURITY INCIDENT REPORT For Contractors or Vendors Arthur Cantrell OAG-CSD information Security Officer Arthur.Cantrell@oag.texas.gov Office (512) 460-6061 Fax (512) 460-6027 Instructions: Each Contractor or business partner (Contractor) is required to provide timely reporting of security incidents to the Office of the Attorney General, Child Support Division (OAG-CSD) Information Security Officer (ISO). Together, the Contractor and OAG-CSD ISO will assess the significance and criticality of a security incident based on the business impact to affected resources and the current and potential effect of the incident (e.g., loss of access to services, revenue, productivity, reputation; unauthorized disclosure of confidential or private information; loss of data or network integrity; or propagation to other networks). Depending on the criticality of the incident, it will not always be feasible to gather all the information prior to reporting to OAG-CSD. In such cases, incident response teams should make an initial report and then continue to report information to the OAG-CSD daily until the incident has been resolved and the OAG-CSD ISO has closed the incident. All security incident reports provided to OAG-CSD will be classified and handled as Confidential per Section 2059.055 Texas Government Code (TGC) and Section 552.139 Texas Government Code. 1. Contact Information, z • Company Name: Full Name: Job Title: Division or office: Work phone: Mobile phone: E-mail address: Fax number: Additional contact information: (e.g., subject matter experts; incident response team members) Area of Specialty Name Email Phone # CONFIDENTIAL when filled out (Section 2059.55 TGC & Section 552.139 TGC) 0AG-CSD Security Incident Report for Contractors or Vendors Attachment # Page 1 of S Rev. 04-24-2017 Vol. C LI ≥ Pg. 59 ATTACHMENT E SECURITY INCIDENT REPORT For Contractors or Vendors 1_1111.0 SUPPORT DIVISION 2. - Type`of Incident `(Check<all'that:apply) ''" ❑ Account compromise (e.g., lost password) ❑ Denial of service (including distributed) ❑ Malicious code (e.g., virus, worm, Trojan) ❑ Misuse of systems (e.g., acceptable use) ❑ Reconnaissance (e.g., scanning, probing) ❑ Social engineering (e.g., phishing, scams) ❑ Technical vulnerability (e.g., 0 -day attacks) ❑ Theft/loss of equipment/media/document ❑ Unauthorized access (e.g., systems, devices) ❑ Unknown/Other (Please describe below) Description of incident: 3. Scope of Incident. (Check one) ❑ Critical (e.g., affects public safety or Federal/State/Individual ❑ High (e.g, affects Contractor's entire ❑ Medium (e.g., affects Contractor's network ❑ Low (e.g., affects Contractor's workstations ❑ Unknown/Other (Please describe below) confidential or private information) network or critical business or mission systems) infrastructure, servers, or admin accounts) or standard user accounts only) Estimated number of systems affected: (e.g., workstations, servers, mainframes, applications, switches, routers) Estimated number of users and/or customers affected: Third -parties involved or affected: (e.g., vendors, contractors, partners) Additional scope information: 4: Impac't-' of Incident'(Check all that apply) ❑ Loss of access to services ❑ Loss of productivity ❑ Loss of revenue ❑ Loss of reputation ❑ Propagation to other networks ❑ Unauthorized disclosure of data/information ❑ Unauthorized modification of data/information ❑ Unknown/Other (Please describe below) Estimated total cost incurred: (e.g., cost to contain incident, restore systems, not data owners, note customers, credit monitoring- fees, fines) Additional impact information: 5. Sensitivity of Affected Data/Information (Check all that apply) ❑ Confidential/Sensitive/IRS data/info ❑ Financial data/info ❑ Personally identifiable information (PII/PHI) CONFIDENTIAL when filled out (Section 2059.55 TGC & Section 552.139 TGC) OAG-CSD Security Incident Report for Contractors or Vendors Attachment # Page 2 of 5 Rev. 04-24-2017 !Vol. ��� Pa. M. 1 ATTACHMENT E SECURITY INCIDENT REPORT For Contractors or Vendors CHILD SUPPORT DIVISION ❑ Non -sensitive data/info ❑ Publicly available data/info ❑ Intellectual property/copyrighted data/info ❑ Critical infrastructure/Key resources ❑ Unknown/Other (Please describe below) Quantity of data/information affected: (e.g., file sizes, number of records) Describe the data and/or information that may have been compromised: 6. Users'and/or- Customers Affected by Incident _ (Provide`as much detail as possible) Number of affected Users Number of affected Customers User Name User Job Title System access levels or rights of affected users: (e.g., regular user, domain administrator, root) Additional User and/or Customer details: 7. Systems Affected by Incident (Provide as much detail as possible)• Attack sources (e.g., IP address, port): Attack destinations (e.g., IP address, port): IP addresses of affected systems: Domain names of affected systems: Primary functions of affected systems: (e.g., web server, domain controller) Operating systems of affected systems: (e.g., version, service pack configuration) Patch level of affected systems: (e.g., latest patches loaded, hoaxes) Security software loaded on affect systems: (e.g., anti -virus, anti-spyware, firewall, versions, date of latest definitions) Physical location of affected systems: (e.g., state, city, building, room, desk) Additional system details: CONFIDENTIAL when filled out (Section 2059.55 TGC & Section 552.139 TGC) OAG-CSD Security Incident Report for Contractors or Vendors Attachment # -- Page 3 of 5 tvoi. Rev. 04-24-2017 ATTACHMENT E SECURITY INCIDENT REPORT For Contractors or Vendors CHILD SUPPORT DIVISION 8. Remediation of Incident -(Provide as`muchodetail=as possible — include dates) Actions taken by Contractor to identify affected resources: Actions taken by Contractor to contain & investigate incident: Actions taken by Contractor to remediate incident: Actions taken by Contractor to verify successful remediation: (e.g., perform vulnerability scan, code review, system tests) Actions planned by Contractor to prevent similar incidents: (provide timeline) Additional remediation details: 9. Timeline of Incident (Provide as much' detail as possible)y a. Date and time when Contractor first detected, discovered, or was notified about the incident: b. Date and time when the actual incident occurred: (estimation if exact date and time unknown) c. Date and time when the incident was contained, or when all affected systems or functions were restored: (use whichever date and time is later) d. Elapsed time between the incident and discovery: (e.g., difference between a. and b. above) e. Elapsed time between the discovery and restoration: (e.g., difference between a. and c. above) CONFIDENTIAL when filled out (Section 2059.55 TGC & Section 552.139 TGC) OAG-CSD Security Incident Report for Contractors or Vendors Rev. 04-24-2017 Attachment # Page 4 of 5 Pg. ATTACHMENT E SECURITY INCIDENT REPORT For Contractors or Vendors CIII!.0 SUPPORT DIVISION Detailed incident tinleline: Date Time Event/Action/Comment 10. Miscellaneous / Lessons Learn•ed (Provide any other relevant in ormation 11. List of Attachments (Include, -the name and date of each attachment) Please submit the completed form, attachments and all updates to: Arthur Cantrell OAG-CSD Information Security Officer Mail Code 033-1 5500 E. Oltorf P.O. Box 12017 Austin, TX 78741 Austin, TX 78711-2017 Office (512) 460-6061 Fax (512) 460-6027 Arthur.Cantrell@oag.texas.gov *PLEASE NOTE: • All Security Incident Reporting Forms and accompanying documentation must be transmitted to OAG-CSD in a safe and secure manner. • Please encrypt all documents prior to transmission. • Please contact the ISO via phone to coordinate your fax transmission or decryption password. "Upon discovering a possible improper inspection or disclosure of FTI, including breaches and security incidents, by a federal employee, a state employee, or any other person, the individual making the observation or receiving information must contact the office of the appropriate special agent -in -charge, TIGTA immediately, but no later than 24 hours after identification of a possible issue involving FTI. Call the local TITGA Field Division Office first." "Concurrent to notifying TIGTA, the agency must notify the Office of Safeguards by email to Safeguards mailbox, safeguardreports@irs.gov." (IRS publication 1075 §10.1) If criminal action is suspected (e.g., violations of Chapter 33, Penal Code, Computer Crimes, or Chapter 33A, Penal Code, Telecommunications Crimes) the Contractor is also responsible for contacting the appropriate law enforcement and investigative authorities. CONFIDENTIAL when filled out (Section 2059.55 TGC & Section 552.139 TGC) OAG-CSD Security Incident Report for Contractors or Vendors Attachment # Page 5 of 5 Rev. 04-24-2017 Vol. 3(4a pg. U ATTACHMENT F CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid by, or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an office or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (3) (Respondent Signature) (Respondent Printed Name) (Respondent Title) (Date) (Organization) Pg. Lo3 ATTACHMENT G CHILD SU.PPUEt1 t)11 ISlt)1, Request for New County User A criminal background review will be conducted prior to providing access to TXCSES systems. This form must be completed and returned to CSD-CountvAccesscoag.texas.gov before access can be granted. Employee Name: Other Names (i.e. maiden, etc.) County: Work Email Address: Work Phone Number: Responsibilities under the contract: Date of Birth: Driver's License Number: Social Security Number: State: Supervisor's Signature Title Supervisor's Email Address Date vol. 34a Pg. tog Rev: 4/2021 : FUNDING AGREEMENT : •• • . BETWEEN.BRAZOS COUNTY AND. BRAZOS COUNTY:RAPE CRISIS:CENTER, INC: ' DBA SEXUAL ASSAULT RESOURCE CENTER ' • ,.. THIS : FUNDING AGREEMENT- ("Agreement") IS ENTERED :INTO .BY . AND - -•: BETWEEN: BRAZOS COUNTY, TEXAS, acting: by and through its -duly elected_ County ..Commissioners.- (hereinafter ••"County"),. and the - BRAZOS •-COUNTY RAPE CRISIS - CENTER, INC:, dba Sexual. Assault Resource: Center (hereinafter "Provider"), " located in Bryan, Texas, and is effective October.1, 2021: " • • • • • • " •REC TALS:: .:... . WHEREAS, the County has the objective of providing : -support services:to the victims•ofsexual assault;' and .. ....... • WHEREAS, the•Provider shares this common goal with the County; and WHEREAS; .the County.' desires to assist the' Provider in providing support •:: services to victims of sexual assault through funds provided by the County..: . NOW THEREFORE, the.. parties . agree ::: provide such support services. • : .• • to. the. following terins.and .conditions• to AGREEMENT TERM .This:Agreement shall be for a term of. twelve (12). rnonthe:commencing on the 1st. 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 services to victinis of sexual assault and their families. • - These services will include: a 24 -hour. hotliine•and 24 -hour escort service; :one-to-one• counseling; group counseling; • community awareness 'programs; Speaker's Bureau; training andsupervision of volunteers; training .for law enforcement agency personnel, the medical community, clergy, staff of the: District Attorney's office and psychologists (collectively "Services"). Sexual Assault Resource Center Agreement. Page 1 of 12 Pg. LeS .4: ::USE OF COUNTY FUNDS Funds tobe famished toProvider as stated herein. be used to offset opera ional expenses- of the'Provider, including rent,. telephone expenses, and office •supplies, as described in Exhibit "A"': attached hereto and: made a part hereof for. all purposes.::: ... COUNTY'S: LIABILITY. FOR PAYMENT. The 'County. agrees .to ..fund . the Provider ..$35,00000 -for .the _term -of Agreement ("Funds"). •.. =::RESPONSIBILITIES OF PROVIDER Provider Will be responsible for providing the following services pursuant to this Agreement:. :: . Maintaining this Agreement;.; Providing of Services; Maintaining data files on clients and the Services provided: thereto; Respond to all and any, inquiries by the. County. •=.: .: . 5. Provider agrees that the- County, or .its designated . representative, Shall. have the right to review and to copy any records and supporting documentation pertaining to the 'performance of this Agreement: Provider agrees to maintain. - such records for possible. audit for a minimum of three (3) years after the - termination date, Of this Agreement, unless a longer period of records : retention is stipulated.. Provider agrees to allow the.auditor(s), access to:such records during normal business hours and to allow interviews.of any • .. . employees who mightreasonably..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 anyrecords.and supporting. - documentation for prior years. in which the County provided:fundsto the Provider under prior. Agreements:: Any audit will be conducted by County.'_ .' .personnel or: an independent third: party., as determined by the Brazos- County Commissioners Court. If.the. Brazos County. Commissioners Court determines -that the audit- will be. conducted:by an independent third party, all costs and expenses associated, with said audit will be -Solely paid for by.:the. -• Provider.. . .•. - . 6.. Brazos •County Commissioners Court May; in its: sole: discretion., require -that an independent financial audit be: performed on the. records of the Provider.. if an independent financial. audit is performed, :a management letter will be prepared ' by the, auditor: as . part.. of .:the process, ,and . a • 'copy of said •- Sexual Assault Resource CenterAgreement Page. 2 of 12 management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify. .issues that might not. Otherwise require: disclosure in the .Provider's annual :financial report, :but 'Which are of concern to or under the suggestion .of the' auditor.:If: the Brazos- County Commissioners' -Court determines :that the audit.. will be conducted.:by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Provider. : 7. Provider will provide-the.County With anyand all certified audits .conductedby Provider and the management letter prepared in connection therewith; 8.. Provider will :provide the Commissioners Court with=statistics evidencing the number of Brazos County residents using the Provider's Services.: RESPONSIBILITY OF COUNTY The County shall be responsible'for the following duties and requirements: 1. Provide County Funds. : .. 2. Conduct a. review of the Provider's performancein providing the: Services to be provided hereunder in order to:assess County's continued participation in the funding of the Provider. • RECORD. RETENTION - ' . . The Provider shall be responsible' for record keeping on all Services. provided to those individuals using its services and all financial::records. The jPrOVider agrees to maintain and make available for inspection'by: the County upon request, consistent with personal :privacy and subjectto 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 continuedparticipation 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 madeavailable:for inspection and audit by the County, if it so desires. : . DISCRIMINATION The provider. shall not : diiscriminate against 'any employee or applicant for employment because of race, color, sex, or national origin.. The Provider shall take affirmative .action to ensure, that applicants' who are employed are treated during employment, without regard to their race, color; religion, sex, or national origin Such action shall include, but not limited to,'the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate. of pay: or other forms. of compensation, and selection'for training, including .apprenticeship: The Provider agrees to. post in conspicuous places, available:to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.. Sexual Assault Resource Center Agreement Page 3 of 12 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.frorri the breach;: violation or non-performance of the. son/Ices stated • herein .and forany :damage to.'any:person resulting from _any action or omission or negligence :on the part of each party hereto.::: • INSUI ►NCE • The parties hereto agree that the Provider shall be an independent contractor.::: and ;notany employee or agent of the County: and that each shall maintain at :its own ., expense, adequate liability 'insurance to insure against damages and liabilities which.., . . .: may arise due to the duties and obligations contracted:for herein.• . COUNTY INVOLVEMENT.: - The. County and Provider state that:,to.:the best of:their knowledge, no:officer, .- agent or employee of .the:. County who -.exercises. any function- or,.responsibility..in. - Connection with the carrying out of. this Agreement or the Services to Which it relates has personal interest, direct or -indirect, in this Agreement: • GOVERNING.LAW This Agreement shaH be governed b 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 in.. Brazos. County; • Texas. ..Venue. shall . lie. exclusively . in.. Brazos - County, Texas, notwithstanding anything lo.the contrary. :TERMINATION . Provider or County: may. unilaterally terminate this Agreement, at any time:and for any reason, or no :reason, by _giving: the other sixty. (60) calendar days:.prior written notice... . . In the event of termination -Provider agrees to return funds to County of a pro rata basis based on a: twelve (12) month calculation. NOTICES Sexual Assault Resource Center Agreement. • .:Page4of12 0 All notices required :to be given hereunder shall be deemed to be duly given by delivering such notice : or by mailing it, certified mail RRR to the other party at the following addresses::' Brazos County Rape Crisis Center;. Inc. P.O.' Box 3082 ' . : Bryan, :Texas 77805: . : . ' Confidential: Physical Location:: 3131 East 29th:Street, Bldg C, Bryan, TX:. Brazos County Commissioners Court.. County Administration Building 200 So. Texas: Ave. No. 310: Bryan, Texas 77803 FURTHER ASSURANCES . . Each party hereto•agrees.to perform any further acts and to execute and deliver any further: documents which: may be necessary to carry - out' the provisions _of this Agreement: . •: -SEVERABILITY in the . event, that any provisions or portion of: -this Agreement is :held to- be ••:. unenforceableor 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 hot assignable : the Provider without• the .prior written :.consent of the County. • Sexual Assault- Resource CenterAereemenl. .P.age:5of12 • DATED this 11._ _.. - day. of Brazos County .DUANE PETERS, Judge. ATTEST: REN McQUEEN;Coun Sexual Assauh Resource Center Agreenment • : 2021 Brazos County Rape Crisis Center, Inc. dba Sexual Assault Resource Center .. . Presi .ATTEST:::: : �G LINDSEY LeNC, Executive Director Poge 6 0'12 Vol. :_34a_:.Pg. 70 A. • • ' . BRAZOS .CO.UNT '' BUSINESS ASSOCIATE. AGREEMENT .Acknowledqme�t of: HIPAA Obligations and Other Regulations Implementing. the Health:Insurance Portability and: Accountability Act. of 1996 (42 U.S.C. §1320(d) CHIPAA"1':: The. parties. acknowledge .that-federal..regulations-.relating. to. the confidentiality of . indiv, idually Identifiable' health information require: covered -entities -to comply with"the privacy'standards adopted by the U.S. Department of Health' and Human Services as they may:be: amended from :time::to time, 45 C.F.R, parts 160 -and. 164, subparts*A.and:E (the Privacy Rule") and the security standards adopted by: the U.S. Departrrient 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:es any -applicable state 'Confidentiality laws; require Covered :Entity.. to. ensure: that• business;: associates who :receive. confidential -information :in::the: course of providing services -on. behalf of Covered:: Entity comply with -certain obligations • : regarding the 'confidentiality of ..health:.. information, "Covered Entity" and "Business. Associate" are' - defined in the HIPAA Rules, and for.the:purposes of ... this. Agreement,.shali refer to:Brazos.County-and Service Provider; respectively. - Purposes. for which Protected. Health: •information. MeV- 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. Business Associate Obligations:. Business.:Associate agrees to :comply with applicable federal and state confidentiality and security laws, including, but: not limited to the Privacy: Rule. and Security:Rule, including without limitation: 1. Use of.Protected Health .Information ("PHI"):. Business Associiate_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: r (AY: provide training .to members of .:its workforce::: regarding the confidentiality requirements in the: HIPAA Rules -and :this .. Agreement.... Sexual Assault Resource Center Agreement. Page. 7 of 12 Vol. Sexual Assault Resource Center Agreement. 2; (b) (c) 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 thepurpose for `which it:was disclosed to the: person or entity;:: ':agree to notify the.:Covered Entity of any instances of which it is .aware in which:the. PHI is used:or disclosed for .a:purpose that is not •otherwise provided :for: in this Agreement, or for a purpose: not . expressly permitted. by the HIPAA Rules; -and • 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, toaccomplish- the intended purpose:of the use; - disclosure, or request may be :disclosed. -. Disclosure to -Third Parties. If: Business Associate discloses PH) received from Covered Entity,.. or created or received by Business : Associate on behalf.' of Cowed :Entity,. to_ agents,:: including. a subcontractor,. Business • Associate shall..require the agent. to agree to the: same restrictions and conditions that apply, to. Business .Associate. under. this Agreement.. Business Associate shall ensure that any agent, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect. the confidentiality, integrity, and::: availability of ::the: electronic PHI -:that: it creates,- receives, maintains, or transmits .on behalf of the; Covered Entity: Business Associate. :shall be fully liable: td.Covered Covered Entity for any acts; failures or omissions of the Agent in providing theservices as if:they were •:. • Business' Associates own' ante;: 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 Akoregation.: In: the event that: Business Associate: works for more : than one -Covered Entity, :Business Associate- is: permitted to use and disclose PHI; but only in order: to: analyze data for .permitted health care operations, and only.:to :the extent that: -such use is permitted under the . . HIPAA:Rules or the issuing -court's orders: ..•... •- De -identified : information. Use and .disclosure- of de -identified: -health. information is permitted,:: but only if (i):th'e precise usels 'disclosed to Covered Entity and permitted by. -Covered Entity in its sole discretion and • (ii) the de -identification is in compliance with: 45: CFR §164.502(d), and any .such de -identified: :health information meets the. standard and . implementation specifications for - de -identification under . 45 CFR . : §164.514(a) and: (b). - 5. Notice :of Privacy Practices. Business Associate shall abide by the limitations of any Notice Of -Privacy Practices ("Notice°) published by the • Page 8 of 12 7: Use or Disclosure- That Would: Violate HIPAA.:• Busines Associate is prohibited from further use 'Or disclosure. of PHI in 'a man er that •would violate: the requirements: of the HIPAA Rules if the :PHI were used or disclosed by the:Covered Entity; ty;. 8.. Safeguards. Business Associate shall . maintain appropriate, safeguards to .ensue -that PHI is not used or disclosed other than as:provided by this Agreement or es Required, by: Law. Business Associate shall implement administrative, physical, and :technical. safeguards that reasonably •and. appropriately protectthe:" confiidentiality,_ integrity, and, availability of any electronic PHI it creates; receives, maintains; •or transmits on behalf of Covered Entity::: . . . . : Agreement, Business ed: from Covered Entity and shall comply: with ed from: time to time . IndiVidual Rights. Rebardinc 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: or destruction extend the protections r uses and disclosures tiori_ of :the' information Records Management. Upon termination: of this Associate agrees to return or destroy all .PHI receiv that Business Associate maintains in any form federal: -and state Maws:.as they may.:.be_:amend . governing .the. maintenance or. retention of PHI. If the. return of PHI is (*feasible, Business: Associate agrees: to of this Agreement to the information and limit furthe to: those purposes: that make the return or:destruc infeasible... . .. - Covered :Entity :of which it has: knowledge. Covered .Entity shall:provide-to Business Associate such Notice when it is adopted. -'Any use or disclosure permitted by this Agreement may be:amended by such Notice. However, • the--amended.Notice .shall .not affect .permitted uses and disclosures .on • which Business, Associate relied prior to such notice.:. 6. Withdrawal of Consent or Authorization.:.in the absence of applicable : • court orders.governing the Business Associate's. responsibilities; if the:use or disclosure : of . PHI in this:: abreement is based:upon upon an individual's specific consent or authorization for the: use of his or her PHI. and the individual revokes such consent or authorization in writing. Or the effective ::" date of such .authorization has :expired, or the consent or authorization is found to be- defective . in any- manner that renders. it- invalid, .Business Associate shall, if it hie notice of such revocation, expiration,or invalidity, to cease•the use.and disclosure of any such individual's PHI except to the extent it has.relied'on such use:or:disclosure, or where an exception: under the Privacy Rule expressly applies.• Sexual Assault Resource Center Agreement .Page:9 of 12 (a) . (b) Correction of PHI. Business Associate agrees that it will -amend PHI maintained by . Business Associate as requested by Covered Entity. Individual Right to Copy .or:Inspection. Business Associate agrees that, if it maintains.PHI in a designated record set:for:the Covered' Entity, it will permit. an individual: to. inspect or copy PHI about the individual :in that set under conditions and. limitations required.under . 45 CFR 4164.524. The Covered. Entity is required.totakeaction'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 requestedinformation is -maintained by Business Associate and not the Covered Entity. The. information shall:be: provided in the: form .or format requested, if it is readily producible in such form or format; or in_ summary, if the individual .has - agreed..in. advance -- to .accept the: information .in • summary. form. A reasonable, cost -based information may be charged: fee for copying -health Individual Right to.'Amendment: Business;Associate agrees, if it maintains: PHI in a designated record set,.:to make amendments to ,PHI at the request :and direction of; Covered Entity pursuant to 45 .CFR §164.526:.If. Business: Associate maintains: a.: record in a . :::: designated record set that is not also maintained by Covered: Entity, . Business:Associate. agrees:that.it will.accoriimodate.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 CFR §1.64.528; end incorporating - exceptions to such accounting designated under the regulation.:: Such accounting is limited- to disclosures that. were 'made' in the- six (6)* years prior to the request(not including any disclosures prior to: the: compliance :: : . date of the Privacy_ Rule). (a) • •Covered Entity ie :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 -best efforts to assist . Covered -Entity in.meeting:this deadline: -.. - • Sexual Assault Resource Center Akreeme►it Page:IO of 12 Vol. 4 :.Pg. '7 • •: • (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 charged for subsequent accountings if Business Associate informs the individual -in :advance of the::fee and is afforded ;.an opportunity _to withdraw or modify the request • Suchaccounting shell be provided as long maintains -the PHI. . . • ••• -• - - as. Business ;Associate Internal • Practices..Books; , . •and Records.: : Business . Associate • • shall make available its internal 'practices, books,::and records .relating to the use and ' 'disclosure of. PHI received from,:created, or received •by Business Associate on behalf : of: the: Covered Entity to the U.S:: Department of Heath 'and Human Services or its: agents: for -the purpose.: of determining lie Covered Entity's . compliance with :the: HIPAA Rules, or:any:other health oversight agency; or:to the Covered Entity. • Indemnification., To the extent permitted: by law, Business Associate :agrees: to indemnify. and. hold : harmless COI:aired% Entity,. from and'. against all • claims,. demands;:liabilities, liabilities, judgments .or causes of action of any nature for any relief, • elementsof recovery or damages recognized by law.(including, without, limitation, :attorney's fees,':defense costs, andYequitable 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: be : solely or jointly:negligent negligent or otherwise solely or:: jointly at fault; • provided,' however, that a trier 'of fact .finds Covered -Entity not to • be solely or jointly negligent:or:otherwise solely or jointly at fault:: This indemnity shall: not be construed to' limit Covered Entity's rights, if any, to common law indemnity: . ' Covered Entity shall :have the option, at its sole discretion,::to employ: attorneys selected by it to:defendany 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 - .... , g _..::..:its option and expense, to participate in the defense:of any suit or proceeding through' counsel of its own choosing. - • Mitigation. If Business:Associate: violates this Agreement or the HIPAA .Rules, Business Associate:agrees to mitigate'any damage caused by such breach: • . Sexual Assault Resource Center Agreement - - - Page:l'i of 12 Vol. . . .Pg 75 H. • G. •Rights of Proprietary: Information.: The Covered Entity.retains any and all rights --to 'the proprietary' -information., confidential info mation, and PHI it releases to. Business Associate. • . • -Temnmiination for -Breach. Without: limiting the erniinatioh::provisions' herein, if Business; Associate breaches :any •provision :in. -this Section. entitled "Use and. Disclosure: of .PHI", Covered :Entity may, at its option, access and audit the • records of Business Associate related to• its use and disclosure of PHI, require Business.. Associate to- submit to -monitoring .and reporting, -and such: other. conditions. as:Covered Entity may determine is necessary to :ensure:compliance . with this Article; -orCovered Entity may terminate this Agreement on -a . specified by Covered Entity. 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, asin effect or as amended. Amendment. Business Associate and Covered :Entity agree to. :take: •such action as is • necessary, to amend this Section entitled "Use :and Disclosure of :PHI" from • time to time in order to•allow Covered• Entity to comply with the. HIPAA Rules and. any applicable state confidentiality laws. K. Precedent and .Ambiguity. If any term of this Section. entitled "Use and Disclosure of..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 of PHI" shall be resolved to permit Covered Entity to comply with the HIPAA Rules. . . Survival of Key Provisions:: The provisions Of this Section. entitled "Use and Disclosure of PHI" shall survive the termination of this Agreement. L. Accepted: Business' :As's'`oblate Brazos: County Rape Crisis Center, Inc. dba: Sexual Assault. Resource Center., Sexual Assault Resource Center Agreement. Page •12 of 12 'Vol., .3L -I . .Pg. Forms provided by Texas Etht . CERTIFICATE OF INTERESTED PARTIES.. • • ... ... •. : ... :. ::. :.: : : • FORM. 1295.• 10}1 Complete Nes.1- 4: and 6 if there are interested parties. Complete Not. 1; 2, 3; 5; and 6 it there are'no interested parties. • " ' OFFICE ysg ONLY CERTIFICATION OF FILING Certificate Number: : . 2021-800420 _ pate Filed: : 09/09/2021 • DDate Acknowledged : 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. • Brazos County. Rape .Crisis Center, Inc; ' • : : Bryan, TX United States ' ' •, • ': 2 Name of governmental entity or state agency that is a party to the contract for which the form is • being filed. • . • Brazos County,. Texas • 3 Provide the identification number used by the governmentaientity or state agency to track or identify description of the services, goods, or other property to be provided under the contract. • • 22-045 . support services to victims' of sexual assault through funds. provided by the County the•cont►act, and provide a 4• . . ; ; Name of Interested Perry • . i - • City,:Stete, Country (place- of business) Nature of interest ' (cheek:applicable) Controlling . • intermediary • • 5 ' Check_only if there is No Interested Party. X • 6 -. UNSWORN DECLARATION T1 '' nn • ��. : ' My name is ( allYki2. • Lt € ( (� • ;: and my date ' of birth (state) _I O -1(1Y5. is' _, _ . day t�i�• }Q� q ti CI�� My address ie.-...3— 11j,'_. F%__M ?�:_i.:SU Ci t_ _ e. __ ... w..: , n _ �, (street) :(c y) • _ _. ^- . I declare under penalty of perjury that the foregoing is true and correct. • Executed in ___WIVS__:______. _ �� Y..' Y . ,County, State Of _ . ,. __ , on the • • • ' 1101 " • t 11u a. ,.. kgrt _: • (zip ccde) (noun hy) of �, 20_al . (month) (year) - - .'ignature of auth ized agent of contracting . :. •••(Oeelaranl) bus ness entity . - Version V1.1.191b5cdc Vol. La Pg. House Bill 89 & Debarment Verification Brazos Countyis 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' .Commit,*:.to: it via crossireferencing.. . respondents/vendors with the Federal: General Services Administration's Excluded Parties List ::• System (EPLS,.https://www.sam:govnit ),.which is inclusive of the Ued, StatesTreasury' s.Of ice of Foreign Assets Control . (OFAC) Specially Designated National (SDN): list. Respondent certifies . that the responding:entity end its principals are eligible to participate: in: this transaction and have not been subjected to suspension, debarment, or skillet' 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 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://.wwwaam.gov. •.. • . • • . The undersigned affirms the noii-debarment- statement above, that they are duly authorized execute this contract.. :: " The company representative :below further affirms; that the 'company submitting:this 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 entitiestor•business associations that- • • • • pilot to make a profit: •: • Company:Name:..ikt.1KA Authorized Company Representative: Address:.: QA).. :30.x' 130doi4Amc 11,8t.5* Signature: _ Date: Og l 11,'ji` Contract:#:. ':0 off^ Vs (f s s (swari Icwtc, VOLP9. FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY SOIL & WATER CONSERVATION DISTRICT #450 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 COUNTY SOIL & WATER CONSERVATION DISTRICT #450 (hereinafter "District"), located in Bryan, Texas, and is effective October 1, 2021. RECITALS WHEREAS, the District, and County do hereby enter into a contractual agreement for the District to provide soil and water conservation services to the residents of Brazos County and to the County proper. The District as the recipient, shall furnish to the County's Auditor, at a minimum, documentation indicating the use of funds received from the County. The County's Auditor may require the recipient to provide information necessary for the County Auditor to properly account for all funds expended or received by the District; and WHEREAS, those services will include, but not be limited to, erosion control, water management, and rural development ("Services"). This will be carried out by planning and application through informal agreements with land users, or, as required by Federal or State law. An information and recognition program will be used to inform the public. Technical assistance is utilized through a Memo of Understanding between the District and the USDA - Natural Resources Conservation Service; and WHEREAS, erosion control will keep the land productive for its various uses for many generations. Sediment resulting from erosion clogs our local streams reducing water carrying capacity and resulting in local flooding. Excessive siltation ruins our local wetlands, and; therefore, reduces a dwindling wildlife habitat. Silt from erosion carries many pollutants directly into our local streams and rivers. Conservation practices consist of erosion control structures, erosion control ponds, gully shaping, diversions, vegetating old fields, proper management of grazing resources; and WHEREAS, water management includes recommendations for proper irrigation, flood control, and water quality. Irrigated crops account for 75% of all water used. Proper irrigation saves that resource for tomorrow's uses including domestic consumption. Proper irrigation helps to keep agriculture pollutants from entering underground water supplies. Conservation practices include total evaluation of irrigation systems and application procedures, precision land leveling, and underground pipelines. Water management includes floodplain management; and WHEREAS, the District's role in rural development in Brazos County is in providing fire protection utilizing dry hydrants. Insurance rates outside the city limits can be lowered a great deal, as well as provide a reliable source of water to fight rural fires. Farm ponds provide the water and we plan the dry hydrant system. The District is Brazos County Soralliater Conservation District Agreement Vol. 314a Pg. '74 Page 1 of 4 evaluating the use of artificial wetlands to replace septic tank filter fields. The prospects are very promising, but much work remains to be done before this technology: can: be implemented. Water . quality in rural Brazos County :.will be greatly enhanced if this method can be used. . WHEREAS, the .District -and the County have interacted ever since the inception of the District in -1942. Many :conservation problems affect not only the individual landowner but the County itself: NOW THEREFORE, the parties agree to the following terms and.conditions. AGREEMENT PAYMENT AMOUNT FOR Fit 201. -County hereby agrees to pay the . District a total. payment of $5,000.00 ("Funds"). for the year beginning October 1, 2021 and ending September 30, 2022 for services provided to the County. Payment of such sum will be paid- upon receipt of invoice. • ACCOUNTING AND AUDIT • • The. District agrees. that Brazos County, or its designated representative, shall have the right to • review and to . copy any records. and supporting" documentation pertaining to the performance of this Agreement.. The District 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 District agrees to allow the auditor(s) access to such_ records diking normal business hours and • to allow interviews of any employees who might reasonably .have information related to such. records. The District agrees that Brazos County,: or its designated representative, shall further have the right to review and to copy any records :•and supporting documentation for *prior years in which Brazos County provided funds' to the' District under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, • require that an independent, financial audit be performed on the records: of• the District. 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 District 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 District. . . • Brazos County Soil &. Water Conservation District Agreement Page 2 of 4 Voi:.��4� Pg. f60 Annual financial statements (audited if available) are due to Brazos County within six (6) months of completion. 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 District 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. COUNTY INVOLVEMENT The County and District 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 LAWAND 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 le 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: Brazos County SWCD 3833 South Texas Avenue, #112 Bryan, TX 77802 Brazos County Soil & Water Conservation District Agreement Page 3 of 4 1 VOL Pg. �� Brazos County Commissioners Court Brazos County Administration Building:. 200 S. Texas Ave., Suite 3.10.... Bryan, Texas 77803 FURTHER ASSURANCES :.. Each:party hereto agrees to perform:_anyfurther acts and:to execute and deliver anyfurther 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,. th:e.validity and enforceability of the .remaining provisions or - portions -Shall not be affected. ENTIRE • AGREEMENT This Agreement contains the: entire understanding between: t1* -parties hereto.;; -.concerning the subject matter •• contained ..hereinThere are . no• •representations; agreements, arrangements:, Or understanding; ::oral or written;: between or arnong::the • parties —hereto; relating to the •subject • matter 0f..the Agreement, which are not -fully - ':expressed herein.:: . ' • •:: .ASSIGNABILITY This Agreement. is -not assignable by -the District without the prior written consent of the County. .Duane Peters, County Judge Brazos County, Texas • ATTEST: e_ G -Kent Dunlap, Chairman Brazos County SWCD #450 :Karen McQueen,• •Brazos ` • unty Cler', B%r_v; '�0 34.4 PO 8a:: 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 .• respondentslvendors with the Federal General Services: Adrninistration's Excluded Parties. List . • .System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasuryrs Office:of .. Foreign Assets Control.(OFAC) Specially Designated National (SON) list. Respondent certifies. that the.responding entity and:its principals are eligible to. participate in this transaction and have j. not been subjected to suspension, debarment, or similar ineligibility determined by any federal, •state or local governmental entity and that•Respondent is incompliance with.the State.of Texas :statutes and rules: relating:: to procurement.and' Respondent' ie: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 riot boycott Israel currently; and 2... Will not boycott Israel. during the term of the contract. .:Pursuant to Section:2270 001, Texas Government. Code: ' . 1..: "Boycott Israel" means•refusing to deal with, terminating business. activities with, or .:.otherwise taking any action that is intended to penalize,. inflict economic harm on, or limit commercial- relations specifically with Israel, or with • a person or entity. doing business in Israel or in an Israeli -controlled territory,' but: does not include: an action. made or ordinary business purposes; and . 2. • "Company" means a :for-profit sole .proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership,' or any limited liability company, including a wholly owned. subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist•to make a profit. • Company Name: t'a ... QOOrt 8ZJ C-.) ySo. Authorized Company Representative: >�ier, — , t r,a� • Address: :2233 t c-- ' )�'-.:. /la ���;►. �I X 7 boa Signature: • r� �..�''x'C' Date: Contract #: c90~•osi \oi, Pg. FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND DISTRICT TWO VOLUNTEER FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of District Two ("Agreement") is hereby effective October 1, 2021, by and between the DISTRICT TWO VOLUNTEER FIRE DEPARTMENT, INC., BRAZOS COUNTY, TEXAS ("Department") and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: AGREEMENT SCOPE 1. Department shall provide fire protection services to any person who requests it within the confines of Precinct 2, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 3 and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. District 2 Volunteer Fire Agreement Page 1 of 4 2. All requests for services under this Agreement shall be made through the 9-1- 1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sum of $29,000.00 upon execution of this Agreement ("Funds"). 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement term shall be from October 1, 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: District Two Volunteer Fire Department, Inc, Brazos County Texas P.O. Box 32 Kurten, TX 77862 County: Brazos County Commissioners Court 200 South. Texas Ave., Suite 310 Bryan, TX 77803 District 2 Volunteer Fire Agreement Page 2 of 4 DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a •County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid,. illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. . '11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. - 12. This Agreement is for the benefit of the parties to the Agreement and does not confer any rights on any third parties. 13. No amendment to this Agreement shall be effective and binding unless and until it is. reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement. or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless. the waiver shall be in writing and. signed by the party(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. District 2 Volunteer Fire Agreement Page 3 of 4 • 16.... :It is understood and:agreed that this.Agreement may be executed in a number of • :identical counterparts,._ each of which shall be deerried. An original for .all purposes . . • • INFORMATION FURNISHED BY RECIPIENT-.: :.:17. Departmentagrees that County, or its designated.representative; shall have the • • right•to• review and .to copy any records and supporting documentation pertaining. :to -the performance: of this Agreement:. Department -:agrees to maintain: such • ""records for possible- audit for a:minimum. of three.(3)•years after the termination •• date:of this Agreement,: unless: a longer period :of:records retention is stipulated.. -: • • Department agrees to: allow the auditor(s) access to such records during normal • business hours, and to allow interviews of any employwho might reasonably have information related -to such recordsees . 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 . Co.unty- - Commissioners - • Court. . If. the -• Brazos...County• _Commissioners :Court determines;:that- the audit:• will be conducted .:by an independent third•party,.ell costs and expenses. associated with said .auditwill 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 if available) are: due to County- within six (6) months: of completion.• District Two Volunteer Fire Department, Inc,: Brazos C Brazos County, Texas By: . • Antho'P Peterson, President Date: 09/29/2021 • District Volunteer Fire Agreement . Duane. Peters, County -Judge Date: Karen McQueen, County. lerk Page 4 of 4 • Vole 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 Terrbrist:Financing — Blocking Property and . Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, • effective 9/24/2001 and any subsequent changes made to : it via cross-referencing respondents/vendors with the:Federal General Services Administration's•Excluded Parties List System (EPLS; https://www.sam.gov),.which is inclusive: of:the United States Treasury's Office of • Foreign Assets Control (OFAC) Specially. •Designated National .(SDN) list. Respondent certifies . that.the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibilityi 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 wtch alist 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; end 2. ."Company" means a :fbNprofit 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. Cr. business associations that exist to make a profit. . Company Name: District Two Volilnteer Fire Dept,. Inc. Brazos County,.Texas . :Authorized Company Representative: Anthony C. Peterson, President Address: 894 N FM 2038, Bryan, Texa ; s2 Signature: Date: 09/29/2021 Contract #: 22-054B vol. 34 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND KEEP BRAZOS BEAUTIFUL, INC. *This Agreement. for Funding.is by and between'Brazos County, 'hereinafter referred to as -• ("County") and KEEP BRAZOS BEAUTIFUL, Inc. hereinafter referred to' as: ("Keep Brazos • Beautiful") a non-profit organization ("Agreement'). . RECITALS. • • • WHEREAS; 'keep. Brazos Beautiful -is a volunteer environmental -educational organization, dedicated to • contributing' to: the : economic vitality, safety, health and quality of life in Brazos County through• programs that • educate and • engage • 'Brazos :County • citizens • :to • keep- our community cleen,•green, and beautiful,. bypreventing and cleaning up lifter and illegal dump sites, • • recycling, minimizing waste, beautifying and improving their surroundings; and • • • ' • • -WHEREAS, the Brazos County Commissioners'Court is authorized -to. spend money from the County general.revenues for public:health and sanitation;:and WHEREAS, the prevention of public or private:litter serves' to.:improve the public health; and .. WHEREAS, 'Keep -Brazos Beautiful aids the County in accomplishing that 'purpose. IVOV1l; THEREFORE; FORAND INCONSIDERATION of mutual -consideration recited and :: acknowledged herein, the parties agreeas follows: • • AGREEMENT 1. Keep Brazos Beautiful shall provide 'services to the County -as follows: :A: Assist in educating -area youth and:adults in schools, museums, civic clubs,. etc.: • - on the. innportence • of litter prevention; recycling, reuse, .and buying recycled products, • conservation of resources, the- proper care and planting.' of 'trees and other plants, and other.educational topics relevant to the missionof Keep Brazos : Beautiful. . . . B. Maintain: an online :resource page to assist: in teaching about . a yariety of environmental issues. . • . . C'.-- Provide positive :environmental leadership .and, volunteer :opportunities to Brazos County youth and adults. : . D.: A Keep Brazos.. Beautiful employee,- chosen by .Brazos County, may, at : its • -.discretion, serve on the Solid Waste Advisory Committee • of the Brazos.'Valley Council- of Governments to promote environmentally sound waste 'management practices• in the Brazos Valley... E: Perform an annual Index" survey of the County and: provide the scores to the Commissioners' Court. • F. Organize volunteers to assist in cleahing litter and illegal dump sites each: spring throughout County.. - - G. Act as an •information resource -to citizens, -law enforcement ;officials, 'prosecutors and the Commissioners Court about issues relating-to.litter and illegal dumping -in Brazos County. . . . H. Promote the "Adopt a Road" and "Adopt.a Highway" programs in the County. I: Promote a "Memorial Trees Program" to: plant trees in -the County and assist hosting en annual Arbor::Day:Celebration. • J. Plant wild flower seeds along public roadways in the County..: : K. Educate:the the community on the need to` recycle.and and to buy recycled products - through the use displays, public speaking engagements, and the "Texas Recycle Day" events. - L. Act:as a clearing house - for information for arearesidents on recycling and provide • information concerning Citizen Collection Stations in rural, areas .of the County -as requested: : : � . • .• M. Assist in -the publicity forthe-yearly Christmas tree: and telephone book :recycling as . well -as household hazardous waste collection•events.. . • - - N: - Provide positive: reinforcement through a variety of award programs such .as :the . Business and Residential. Beautification Awards, :Miller Youth -Award, .and Annual - Envirenmental Awards. • . . . 2. •Keep'Brazos Beautiful will be funded by the County in the amount'of.$15,000.00"for-the term of this agreement. : 3. .This Agreement shall bo for a term. of .twelve (12) months: commencing on the ft • 'day of.October, 2021, -and terminating •on •the 300. day of September, 2022. .4. Keep Brazos Beautiful agrees that County, or• its deeigriated representative, shall have the .right.to review and to :COO any records and -supporting documentation pertaining; to= the performance. of this Agreement. Keep Brazos Beautiful agrees to maintain such records . for possible, audit for a minimum of three (3) years after the termination date of this - Agreement; unless a .longer -'period of records retention. is stipulated. Keep Brazos .Beautiful agrees to allow the auditor(e) access to such records during normal -business hours and to allow interviews of any.employees.who-might reasonably have information . related to..such - records. Keep .Brazos Beautiful agrees that County, or its. -designated • representative, shall further have the. right to review- and to. copy 'any records .and supporting documentation for prior years :in Which County provided funds to the: •Keep • Brazos .Beautiful.under prior Agreements. Brazos County- Commissioners- Court. may, .in • its •sole.. discretion, require that an independent financial .audit be performed.. on the records of Keep Brazos Beautiful.. If an -independent financial audit is performed, a: management letter will be prepared by -the auditor as part of the process and: a copy of said management letter shall °b:e delivered to the Brazos County Commissioners Court. The manegement letter shall identify issues • 5. 'sue__ pg. -go ' :that'might not othenniise require disclosure in the Keep Brazos Beautiful annual financial report, but which are of concern to or under the suggestion of the auditor.. If.the Brazos County' Commissioners. Court: 'determines that the audit will be' conducted by an independent third: party, • all costs and expenses associated with said audit will :be solely paid for by the Keep : Brazos Beautiful. 6. Annual'financial statements (audited: if available) are due: to County within six. (6) months of completion. - - • 7. Keep Brazos Beautiful shall submit•a financial statement to the County: annually; 8. All . notices - required or:permitted' hereunder shall be in' writing • and addressed to .the :resp'ective officer of :the Other party at the address described below or at suchother address as the receiving party may have theretofore prescribed by notice to the sending party: :: • • • • • • COUNTY: Brazos County; C/o Commissioners Court 200 -South -Texas-Avenue, Ste; 310 Bryan, Texas -.77803 • • • 9. KEEP BRAZOS BEAUTIFUL, INC:: • • Kathryn Hitt ' • • - • 1713. Broadmoor, Ste. 302 • Bryan; Texas 77803' • • It is understood s and agree: that: the ' County's participation in Keep 'Brazos. Beautiful is limited to. the: contribution of funds. 'County, at no time,- shall be liable or -responsible_ for acts of Keep Brazos -Beautiful, its agents employees. Keep:Brazos Beautiful at no: time shall- be liable. or. responsible for acts of the County, its agents -or -employees. • 10. Either -of the parties shall have the right. to terminate this Agreement in whole or in part at any time. Notice to terminate this Agreement will be given in writing at least thirty (30) 'days 'prior to the date :4s -termination. The' notice shall include' the reason for -such -a termination, the' effective date of -the termination and,: in the case of partial- termination, the portion of•the Agreement to be terminated. ' .11:This-Agreement shall be governed by the laws of.the State•Of.Texas and -venue shall lie exclusively in Brazos: County, Texas.' The Parties agree that -ell Obligations under this Agreement are performable in -Brazos County, Texas and that -this Agreement has been'. -executed in . Brazos County; Texas. Venue shall lie exclusively in.Brazos County, Texas, notwithstanding anything to the contrary. • • SIGNED this 5 :: day of , 2021. • KEEP BRAZOS BEAU TBEIDL; ONO. ATTEST: • 'Karen McQueen; Coun House Bill 89 & Debarment Verification Brazos:Cqunty-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 co**, or Support Terrorism, .::effective 9/24/2001 and...any • .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.santdov), 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 :1224. 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 t elow.further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title•10, Government Code -Chapter 2270: • • ' • - 1. Does not boycott Israel currently;: and : • - 2. Will not boycott Israel during the term of the contract. Pursuant to•Section.2270.001, Texas Government Code; - • . 1. "Boycott .Israel° •means refusing'to deal with, terminating business activities. With, .or • otherwise taking any action that is intended. to penalize, inflict economic: harm on, or limit commercial relations specifically with' Israel, or with a person :or •entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for-profit sole : proprietorship, Organization,. :association, ::Corporation, partnership,: joint venture, limited partnership, limited liability: partnership, .or any -limited liability company, including a wholly 'owned -subsidiary, majority -owned subsidiary, parent company or affiliate.of those entities or business associations that exist to make a -profit. • Company Name: P 304.7.-a5 'rl P X - . 1 rte. G , •Authorized Conipany Representative: . _,! F. • •.IC.2,'"--,. . : Address:..: PIS 13 ite o -® IAA i'zcl/L hci,: •• v4,96 -4,:e. --30Z.,_ -Signatur Date: . Contract #: ro l . 3`-[ q3 • • CERTIFICATE OF INTERESTED PARTIES : -- • FORM 1295 ' 10f1. • Complete Nos. 1- 4 and 6 if there are interested parties. . ' • Complete Nos. 1, 2, 3, 5,•and 6 if there are no interested parties. OFFICE USE; ONLY CERTIFICATION OD.FILING. G.' Certificate Number: 2021-807082 _ Hate Filed: . 09/28/2021 . .. Date Acknowledged: . 1 Name Of business entity filing forth; and the city, slate and:country of the business entity's place of business.. - - • Keep Brazos Beautiful, Inc. •. : . Bryan, -TX. United States : • . 2 ' Name of governmental entity or e statagency that is a party to.the contract for which:the form is .. . being filed: • Brazos County.: 3 Provide the identification number used by the governmental entity or state agency to track or identify description of the services,' goods,' or other property to be provided under the contract. ' • S. 22-035 •Litter cleanup services, litter and, recycling education to residents. the contract, and provide a . • • • 4 ... . . - ' " ` ' .:. Name of Interested Party: ' • • - - • City, State, Country (place of.btisiness) • .. • Nature of interest • • • (check applicable) Controlling • • I Intermediary. • • • • • • • 5 'Check only if there Is NO:Iriterested Party. :6 UNSWORN DECLARATION My name is ''.-/A w► e -r -g Cit. (rse , -arid my date of birth Is , 7/ i 2_ . f q G c- My address is 3 ' c �6 4-Ax:sC-C:4,•7 • Vii[, Zo-V r/•% ,: 7t / • --I —7 go2 , 13 1Z 5 (street).. . (city) ' (state) I declare under penalty of perjury that the foregoing is true -and correct.• Executed in : 120.�if} S : • County, State of . `-r.Gviel 5 , on the'ZS (zip code) .. ;(country) day of 54 —ell ll ., 20J. (month) ..(year) . . Si a of.authorized age "1. • n i . e business entity ' = Forms provided -by Texas Ethics Commission i ni w:ethics.state:tx.us ' - Vefsion. V1.1.191b5cdc Vol. ` LIZ Pg. c1 y' DocuSign Envelope ID: 9A723AD1-2FEB-4378-B1BB-1BB635745F6E be conducted by Brazos County's Designee, TDEM and/or TDEM's contracted agents as evidenced by Exhibit "C", which is a State of Texas Assistance Request made by Brazos County Emergency Management on September 24, 2021 for the purpose of setting up a Regional Infusion Center with St. Joseph. Any failure of Brazos County or its Designee and or TDEM's contracted agents to perform any of the obligations set forth in this agreement, except for the reimbursement of any ancillary costs associated with infusion process, shall not make Brazos County contractually liable or otherwise liable for any damages. a. Designee is responsible for providing, collecting and maintaining all vaccination records, including, but not limited to, infusion information sheets, and consent forms. Designee is responsible for inputting patient information that is required for submitting by law. b. Designee is responsible for the daily oversight and day to day operational logistics of the infusion center, including but not limited to, patient scheduling, registration, infusion administration, staffing and management of staff, supply and facility procurement and community communication. Additional responsibilities outlined in Exhibit "A". c. Designee will provide the software necessary to schedule and register patients for the infusion center through a 3rd party and will be responsible for the management and operations of this software. d. Designee is responsible for issuing medical records to patients after the closure of the regional infusion center, when requested by patient. e. Upon closure of this regional infusion center, Designee will be responsible for ensuring a smooth transition of the end of the services to the community and be responsible for the communication plan to the community regarding same. f. Administration of the infusion center will be solely conducted by the Designee's personnel. V. Severability In the event that any provision of this MOU shall be held to be invalid, illegal or unenforceable, the validity; legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. VI. Venue and Choice of Law This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America, and venue shall be in any court having jurisdiction in Brazos County. VII. Conditions of Termination Either party may terminate this MOU without cause upon delivery of prior written notice to the other party at least ten (10) days before the effective date of such withdrawal. Either party may. immediately terminate upon written notice to the other party if circumstances arise that make it impossible for the terminating party to carry out its responsibilities under this MOU. Vol. at_rD Pg. A.5._ DocuSign Envelope ID: 9A723AD1-2FEB-4378-B1BB-1BB635745F6E VIII. General Terms and Conditions a. This MOU represents the complete agreement between the parties and may only be amended in writing signed by both parties. b. This agreement is effective no earlier than October 5, 2021. through November 5. 2021; unless either party terminates this agreement by providing ten (10) days written notice to the other party of their intent to terminate. This Agreement may be extended on a month to month basis, with written agreement by both parties to extend under these terms. c. The parties shall comply with all applicable federal and state laws and regulations in the performance of their responsibilities under this MOU. d. Any notice, request, demand or other communication required to be given or made in collection with this MOU shall be in (i.) writing, delivered or sent by hand delivery as evidenced by a signed, dated receipt, or (ii.) postage prepaid via certified mail, return receipt requested, or (iii.) overnight delivery via a nationally recognized courier service, and effective upon receipt by the individuals identified in Section IX below. e. It is specifically understood and agreed that nothing herein shall be construed to create a joint venture, partnership, agency, or similar relationship. VIII. Contacts The Parties agree to appoint the following individuals as direct contacts for the implementation of services as designated below: If to Hospital: With a copy to: Brazos County: CHI St. Joseph Health Regional Hospital 2801 Franciscan Drive Bryan, TX 77802 Attn: President/ CEO CHI St. Joseph Health Office of the General Counsel 6624 Fannin Street, Suite 1170 Houston, Texas 77030 Brazos County Judge's Office 200 South Texas Ave. Suite 329 Bryan, TX 77803 IX. Authority The persons executing this MOU on behalf of their respective entity hereby represents and warrants that they have the power, right and legal capacity and appropriate authority to enter into this MOU on behalf of the entity for which they sign. vol. 3 Q Pg. gLe :ril.t u 14 -Of{ tituuKu DATE ID —to -:2-0 2-/ AT •:..O'CLOCK, . _ :... •• :;. KAREN MC©UEEN:: OS.CO(diT •:CLER TEXAS • STATE OF TEXAS :: COUNTY OF BRAZOS • • AFFIDAVIT LOCAL GOVERNMENT CODE, CHAPTERk171 • • BEFORE ME; the undersigned. authority, on . -Nano./ Berry . • October 5, 2021 personally. appeared • ,:who being duly sworn; deposes. and says:.... 1. That he/she:has a substantial interest in a business entity or real property.: Official: action taken by :::- the Commissioners Court:of Brazos County, Texas. concerning Agenda Item.No.• . • 17 .. ..: ofthe • Court. Agenda date 10-05-2021; described as •Community. Support Contracts (d) 'Keen Brazos Beautiful; Inc: Would -have a special economic effect on that business entity or a special economic effect on the value of the real. property; that is distinguishable:from the effect on the. public, • - 2,- ' • That th'esubstantial interest is (check the. following" asis appropriate): :.:( ) :' a. Ownership;of 10 percent or more of ttie'voting stock or shares of the business entity Or either • 10 percent or more or $15,000 or more of the fair market'value oftlte business entity; "or- • ' • ( ) • • b. Funds received by ine from the• business entity exceed 10 percent of my' gross income •for • ' • the previous year; or ( ) c:: An equitable or legal ownership in real property: with a fair market value of $2,500 or more; d. A person related in the first degree by either affinity or consanguinity to me has.a•substantial interest:as defined above;,or: e. other : Member of the Board of Directors . 3. Tha't•I will abstain from participation.in the matter referred to in Item I unless.authorized by law. . • • • • Signature. • %'Z•� SWORN TO AND' SUBSCRIBED. BEFORE ME this the .C:3. .day of �i�- : Day ' Notary Publicin• an The State of Texas MARSHA ANDERSON NOTARY Pt18LIC STATE OF TEXAS MY COMM. RR 02/15/2(32: NOTARY ID 13189685.5 V: - 3.6P .Q.... z.._.:..:. , DocuSign Envelope ID: 9A723AD1-2FEB-4378-B1BB-1BB635745F6E •Vb MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN BRAZOS COUNTY ("BRAZOS COUNTY") AND ST. JOSEPH REGIONAL HEALTH CENTER D/B/A CHI ST. JOSEPH HEALTH REGIONAL ("ST. JOSEPH") REGARDING COVID-19 REGIONAL INFUSION CENTER WHEREAS, St. Joseph Regional Health Center d/b/a/ CHI St. Joseph Health Regional Hospital ('St. Joseph") possesses quantities of Covid-19 infusion monoclonal antibodies which must be dispensed to the general public, but lacks sufficient staff to operate a mass regional infusion center without additional resources, including personnel; and WHEREAS, Brazos County wishes to collaborate with St. Joseph to ensure the success of St. Joseph Covid infusion services and open a Regional Infusion Center in College Station, Texas in response to the Covid-19 Pandemic which has taken over 700,000 lives in the United States, as such assistance benefits not only the greater Bryan/ College Station community but also residents of Brazos County and; and WHEREAS, the Texas Department of Emergency Management ("TDEM") is ready, willing and able, alone and/or in conjunction with its contracted agents, to act as Brazos County's Designee ("Designee") to provide infusion services to the public and can make available all necessary and qualified public safety public health personnel to help St. Joseph implement an infusion center pursuant to the terms of this MOU and as set out in Exhibit "A"; and WHEREAS, Brazos County agrees to be a party to this MOU with the understanding that TDEM or its contracted agents will provide infusion services to the public and meet all other agreed obligations as set out in Exhibit "A" on behalf of the County as evidenced in Exhibit "C", not including any ancillary costs associated with the infusion center location or facility services that the County contracts with St. Joseph to provide, as witnessed in Exhibit "A" in this agreement. WHEREAS, St Joseph understands and agrees that Brazos County enters into this agreement with the understanding that any obligations set forth in this agreement other than reimbursement of any ancillary costs associated with the infusion center are to be conducted by Brazos County's Designee, TDEM and/or TDEM's contracted agents. WHEREAS, in order to aid St. Joseph efforts in sponsoring the regional infusion center, Brazos County, through its designee, will be responsible for the following items: providing internet network to the infusion center, comfort station, traffic control and supplying traffic cones, supplying personnel for infusion administration; and as listed on the Exhibit "A", attached. St. Joseph will be provide telecom, electricity, utilities, non -durable medical supplies, IV pumps, biohazard waste management, maintenance, tables/ chairs and portable building necessary to stage the infusion center and day use of the facility which is located at 4411 Highway 6, College Station, TX 77045. NOW THEREFORE, this MOU is entered between Brazos County and St. Joseph (collectively referred to as "Parties") to allow for the expeditious use of resources to help provide infusion services for the general public during this Pandemic. I. Purpose von. 3L1. Pg.(IQ) DocuSign Envelope ID: 9A723AD1-2FEB-4378-B1BB-1BB635745F6E The Parties agree that it is of utmost importance to ensure the safety, health and well-being of residents of Brazos County and that providing monoclonal antibody infusion services is in the public's interest and any assistance that Brazos County can provide in the way of services and reimbursement of infusion costs to St. Joseph serves a Public Purpose of maintaining Public Health. H. Enactment of this MOU Brazos County and St. Joseph have decided to enter this MOLT to facilitate the use of Brazos County, St. Joseph and TDEM resources in an expeditious manner to deliver infusion of monoclonal antibodies for treatment of COVID positive patients who have currently contracted Covid-19. This agreement is effective upon approval and final execution of all parties, which shall be no earlier than Tuesday October 5, 2021. III. Obligations of St. Joseph a. St. Joseph will provide Brazos County with at least one day's minimum advanced notice of the date to commence services. b. St. Joseph will comply with all applicable laws and regulations for identifying, storing, securing; organizing, packaging; distributing, (including dispensing and handling the medical material), including but not limited to confidential patient information. c. St. Joseph will supply or arrange for use of St. Joseph's facility for the staging of the infusion center, all non -durable medical goods, IV pumps, and all necessary PPE. St. Joseph will provide for use of the facility, hazardous waste disposal, on -site, telecom services and utilities as set forth in the Facility Terms and Conditions attached as Exhibit B. d. ST JOSEPH AGREES TO INDEMNIFY; DEFEND AND HOLD HARMLESS BRAZOS COUNTY FROM ANY AND ALL LOSSES, DAMAGES, EXPENSES OR OTHER LIABILITIES, INCLUDING BUT NOT LIMITED TO ATTORNEY FEES, COURT COSTS, AND OTHER COST OF DEFENSE AS THEY ACCRUE, ARISING FROM OR IN ANY WAY RELATED TO NEGLIGENCE OR FAILURE ON THE PART OF ST. JOSEPH, ITS CONTRACTORS OR REPRESENTATIVES TO PERFORM A FUNCTION OF DUTY IN CARRYING OUT THE PROVISIONS OF THIS MOU. TO THE EXTENT ALLOWED BY LAW, BRAZOS COUNTY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS ST. JOSEPH FROM ANY AND ALL LOSSES, DAMAGES, EXPENSES OR OTHER LIABILITIES, INCLUDING BUT NOT LIMITED TO ATTORNEY FEES, COURT COSTS, AND OTHER COST OF DEFENSE AS THEY ACCRUE, ARISING FROM OR IN ANY WAY RELATED TO NEGLIGENCE OR FAILURE ON THE PART OF OEM, ITS CONTRACTORS OR REPRESENTATIVES TO PERFORM A FUNCTION OF DUTY IN CARRYING OUT THE PROVISIONS OF THIS MOU. IV. Obligations of the Brazos County St Joseph understands and agrees that Brazos County enters into this agreement with the understanding that any obligations set forth in this agreement including but not limited to those listed in this paragraph or Schedule "A" other than reimbursement of any ancillary costs associated with the infusion center are to Vol. Pg.311 DocuSign Envelope ID: 9A723AD1-2FEB-4378-B1BB-1BB635745F6E Brazos County Duane Peters, County Judge Date: I D/ch i CHI St. Joseph Health Regional Hospital [DocuSigned by: Ural, Pot Ther6LnileA499 ... President/ CEO Date: 10/7/2021 VoL 3L P g._IOO • DocuSign Envelope ID: 9A723AD1-2FEB-4378-B1BB-1BB635745F6E INFUSION CENTER MOU- EXHIBIT A CHI St. Joseph Health Regional Hospital/ Brazos County Responsibilities Matrix Services P r Responsible Notes Electricity and Utilities St. Joseph See Facility Terms and Conditions Network Designee See Facility Terms and Conditions IT Hardware Designee See Facility Terms and Conditions Comfort Stations, Tables and Chairs Designee Medical Supplies;(limited to the infusion supplies, IV pumps, non -durable medical goods, PPE, and limited syringes, needles, and band aids). St. Joseph Limited supplies provided by St. Joseph Regional Hospital Hazardous Waste Disposal St. Joseph Extending contract with Stericycle to infusion center for collections Management Services Designee County appoints incident commander to oversee daily operations Infusion Administrators Designee OEM provides volunteers for vaccine administration. Registration Staff Designee Use of Facility St. Joseph See Facility Terms and Conditions Signage Designee See Facility Terms and Conditions Medical Record and Clinical Documentation Designee County supplying medical record for clinical documentation and will provide necessary clinical documentation ��©� 0 3t-1 pg j o l DocuSign Envelope ID: 9A723AD1-2FEB-4378-B1BB-1BB635745F6E INFUSION CENTER MOU - EXHIBIT B FACILITY TERMS AND CONDITIONS 1. Use of Facility. (A) Upon the terms and subject to the conditions set forth in the MOU and these Facility Terms and Conditions, St. Joseph grants Brazos County the right to use approximately 5,279 square feet (the "Infusion Site"), at the building (the "Building") located at 4411 Highway 6, College Station, Texas (the "Property"), as depicted below. Brazos County shall have the general non-exclusive right, in common with others, to use the common areas of the Property, including vehicle parking areas. Brazos County must comply with St. Joseph's reasonable rules and regulations for use of the Building or the common areas of the Building or Property. (B) During the term of the MOU (the "Term"), Brazos County may use the Infusion Site for (i) an infusion clinic for monoclonal antibodies related to the COVID-19 pandemic and (ii) related, ancillary purposes, including, without limitation, screening, triage, treatment, and administration (collectively, the "Permitted Use"). Brazos County accepts the Infusion Site in "AS -IS" condition. St. Joseph acknowledges that Brazos County has designated the use of the Infusion Site to the Texas Department of Emergency Management and/or their contracted Agents; and it is the intent of Brazos County that they comply with the terms and conditions of the MOU and these Facility Terms and Conditions. (C) Brazos County acknowledges that the Infusion Site will not be open to the public and will restrict access to the Infusion Site to Brazos County's personnel and patients. Brazos County shall have the right to install temporary directional signage at the Property (including, without limitation, directional signs in the parking area and the Building) not affixed to the Building or Property, subject to (i) St. Joseph's approval of same (such approval not be unreasonably withheld, conditioned, or delayed) and (ii) applicable laws. Brazos County will direct all personnel and patients to park at the rear of the building and access the Infusion Site from the entrance designated by St. Joseph. 2. Utilities, Services, and Parking. (A) St. Joseph shall furnish the Infusion Site with reasonable amounts of electricity, water, sewer, heat, and air conditioning. St. Joseph shall furnish the common areas with reasonable amounts of electricity, water, heat, air conditioning and other utilities which are necessary and appropriate for the use thereof, including, without limitation, adequate lighting of parking areas. St. Joseph will provide security for the Building and Property consistent with St. Joseph's customary practices. (B) Brazos County may not access St. Joseph's data network or internet service, and St. Joseph will not provide Brazos County with internet or data service. Brazos County will supply its own internet and data services and any additional telecom services; provided that such services shall not unreasonably interfere with St. Joseph's continued use of its internet, data, and telecom services. St. Joseph shall have no financial or other responsibility in connection with such services and utilities arranged for by Brazos County. (C) St. Joseph shall arrange for the provision of the following services and utilities for the Infusion Site: (i) a telephone number for the Infusion site, accessible from a reasonable number of telephones located at the Infusion Site; (ii) janitorial services; and (iii) waste disposal services for waste generated at the Infusion Site, including, but not limited to appropriate waste disposal services by a licensed medical waste hauler for disposal of any medical waste generated for the Permitted Use. Brazos County may use waste disposal facilities located on the Property, and, if such facilities are not adequate for Brazos County operations, Brazos County may install moveable dumpsters, subject to St. Joseph's prior approval, such Vol. 1-I- Pg. Ifl DocuSign Envelope ID: 9A723AD1-2FEB-4378-B1BB-1BB635745F6E approval not to be unreasonably withheld, conditioned, or delayed. (D) Brazos County shall have the general non-exclusive right, in common with others, to use the parking areas at the Property. 3. Maintenance and Alterations. (A) Subject to Section 3(B) below, at all times during the Term, Brazos County shall be responsible for the maintenance and repair of the non-structural interior portions of the Infusion Site to at least the condition delivered as of the start of the Term. (B) Subject to Section 3(A) above, St. Joseph shall be responsible for maintaining the Property, the common areas and parking areas, the structural portions of the Infusion Site, and all building systems in accordance with St. Joseph's customary maintenance practices for the building. (C) Brazos County shall make no alterations, decorations, additions or improvements in or to the Infusion Site or the Property without the prior written consent of St. Joseph, except that Brazos County may make non-structural cosmetic alterations within the Infusion Site without St. Joseph's consent to the extent required for the Permitted Use. (D) If Brazos County desires to install temporary barriers outside of the Infusion Site to enforce isolation or prevent unauthorized access to the Infusion Site, such barriers shall be subject to St. Joseph's prior written approval, which approval may not be unreasonably withheld, conditioned, or delayed. 4. Insurance. (A) Brazos County shall, at its sole cost and expense, maintain a policy or policies of insurance which, provide commercial general liability insurance coverage against claims for bodily injury, personal injury, death and property damage occurring upon, on or about the Infusion Site., with limits of not less than $2,000,000.00 per occurrence. County shall maintain worker's compensation insurance required by law and employer's liability insurance with not less than a $500,000.00 limit. It is further agreed that a certificate of such commercial general liability insurance and worker's compensation coverage and the original new, renewal or replacement insurance policies providing such coverage shall be delivered to St. Joseph by County OEM within thirty (30) days following written request of St. Joseph. St. Joseph shall be listed as additional insured on such liability policies and such liability policies and Brazos County s worker's compensation coverage shall contain waiver of subrogation endorsements in favor of St. Joseph. County OEM's liability insurance shall state that County OEM's liability insurance shall be primary with respect to the Infusion Site. (B) Brazos County shall purchase and maintain, or cause its vendor to purchase and maintain, at all times during the Term a policy of fire, extended coverage and vandalism and malicious mischief (or "all risk") insurance coverage on all furniture, fixtures, machinery merchandise, trade fixtures and other personal property placed at or in the Infusion Site by or on behalf of County. (C) St. Joseph shall, at its own cost and expense, maintain in effect insurance (including property insurance) in the types and amounts carried by St. Joseph's in its customary operations at the Property. 5. Waiver of Subrogation. Notwithstanding any provision of these Facility Terms and Conditions to the contrary, St. Joseph and Brazos County each hereby agrees that the other shall not be liable for, and each hereby releases and relieves the other (and any of its contractors, agents, and employees) from, and waives its entire right of recovery against the other (and any of its contractors, agents, and employees) for, loss or damage arising out of or incident to the perils insured against and covered under property insurance policies described above, whether or not such policies are actually in force at the time of any such damage, injury or loss. Vol. _ 3� Pg. 103 DocuSign Envelope ID: 9A723AD1-2FEB-4378-B1BB-1BB635745F6E Exhibit «c» vUL 3ya Pg. ro4 DocuSign Envelope ID: 9A723AD1-2FEB-4378-B1 BB -1 BB635745F6E State of Texas Assistance Request (Live) Requestor Information Request No: 13-259561 (BRIO Requestor Name: MeadeMichele5545 Requestor Position: Brazos County EMC Requestor Phone is 979-821-1011 Requestor Email: mmeade@brazoscountytx.gov Requestor Signature: Michele BaileyMeede Initial Request Date: 9/24 1202 1 15.10.55 Incident Name: 20.0003 nCoV 2020 Requesting Entity: Brazos item/Mission Description Item/Mission: Regional Infusion Center Qty: Unit: When Needed? For How Long Mission Description: Purpose of Request: File Attachment: Delivery Address Destination: St. Joseph Urgent Care 4421 State Hwy. 6 S. College Station , TX • 77845 -96.25942800000001 130.56298099999999 eiU[��T.osf�t�` Wt1x'..Ee 1 Each 09/24/2021 3:00 PM Demob Item (30 Days) Regional Infusion Center • 15 chair. to Include staffing. Vendor will supply 10 arm chairs, St. Joseph's Hospital to supply all other needed supplies, equipment. and brick & mortar facdity. Days of operation will be Monday through Saturday 7 a.m. to 7 p.m. To Increase infusion capabilities in the Region. Point of Contact: Billy Rice 979-587-0385 wiltiam.rice@commonspiritorg Responsible Party/Following Responsible Party: Brazos County EMC Following: Brazos County EMC Routing Notes Notes: Cancelled/ Not Filled Notes: Request Status Request Level: Sgt?filttgti 19 PDC Request Status: B.Q.N.!.i.n.g DDC Authorizing Section Signature: Date I Time: Comments: vol. 3`1D, pg. 1o5 DocuSign Envelope ID: 9A723AD1-2FEB-4378-B1BB-1BB635745F6E Antibody Glioic - 5,279 sf Vol. Pg. l O CP DocuSign. Certificate Of Completion Envelope Id: 9A723AD12FEB4378B1BB1BB635745F6E Status: Completed Subject: Please DocuSign: 2021-10-05 Memorandum of Understanding St. Joseph Regarding COVID-19 Regional... Source Envelope: Document Pages: 11 Certificate Pages: 4 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 10/7/2021 11:32:40 AM Signer Events Theron Park tpark@st-joseph.org Market President Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 10/7/2021 12:56:07 PM ID: e9548309-61aa-4ad1-ad1b-46b421116ac6 In Person Signer Events Editor Delivery Events Agent Delivery Events intermediary Delivery Events` Signatures: 1 Initials: 0 Holder: Sabrina Dellinges SDellinges@st-joseph.org Signature [DocuSigned by. u.reln, Pave 7D7574CA398A499... Signature Adoption: Pre -selected Style Using IP Address: 66.76.4.198 Signature Status Status Status. Certified Delivery Events Status Carbon Copy Events Witness Events Notary Events Envelope Summary, Events Envelope Sent Certified Delivered Signing Complete Completed Payment Events. Electronic Record and Signature Disclosure Status Signature Signature Status Hashed/Encrypted Security Checked Security Checked Security Checked Envelope Originator: Sabrina Dellinges SDellinges@st-joseph.org IP Address: 66.76.4.198 Location: DocuSign Timestamp ~ _` Sent: 10/7/2021 11:33:05 AM Viewed: 10/7/2021 12:56:07 PM Signed: 10/7/2021 12:56:17 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamps 10/7/2021 11:33:05 AM 10/7/2021 12:56:07 PM 10/7/2021 12:56:17 PM 10/7/2021 12:56:17 PM 31-1a Pg. >0l Electronic Record and Signature Disclosure created on: 9/21/2018 1:31:37 PM Parties agreed to: Theron Park ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Dignity Health - RES (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. 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By selecting the check -box next to 'I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify Dignity Health - RES as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Dignity Health - RES during the course of your relationship with Dignity Health - RES. VO10 3`4a Pg. \ID :. 'Applicationfor Tax Refund ..Overpayments or Erroneous•Payrrients BRAZOS COUNTY TAX OFFICE' • •Collection Office Name ' . • • ' • 4.151: COUNTY PARK CT,.BRYAN,.'TX 7/80 • 979=7759930 - Phone (area rode and number) • • • .. Address, City, State, ZIP •Code. :. . • • Brazos. Co, City of Bryan, City of College Stat, Bryan ISD College.) Stat ISD;'Emg Svs#1,2,3,4,•City of Kurten,:Nav@sota isp.. Collecting Tax For(tabrigunits)•'. • •. GENERAL INFORMATION: This application is for use in requesting a tax refund pursuant to Tax Code Section 31.11 and Comptroller Rule 9.3039. To.apply fora tax refund, the ' . •' , .: . • taxpayer or jepresentative must complete Sections 1 through 5 of this application.The refund check will be: made payable to the taxpayer and mailed to the taxpayer address .• • ...provided below .. .. .... FILING• INSTRUCTIONS: This document and all supporting documentation'rrtust be filed with:the tax collector of the.taxing unit for which you are requesting.a refund. Do not file :: : this document with the Texas Comptroller of Public Accounts; A directory with contact information for'county tax'offices may be found on the:Comptroller's website.: • , . SECTION 1:Taxpayer.lnformation • • • Name ofTixpayer . - q- c a\Q Prim. aryPhoneNumber(areacap and number) ''• . • •EmallAddress• • • . ••11:.901 : Q Q6k(-- Mailing Address, CIty,State,ZIP Code . ' • ' • • `CSC : �{;'"L,BO.i:-, • . SECTION 2: Authorized Representative Provide the'information below if an agent has been appointed under Tax Code Section l'.111 to represent the taxpayer for tax. matters. Attach a completed and signed Form ' 50-162, Appointment of Agent far. Property Tax Matters, if the form has not'been filed with the appraisal district. Individual taxpayers handling tax matters on their own behalf skip to section 3. • • • •• • Name of Authorized Representative PrimaryPhone Number (area cede and number) Title of Authorized Representative ' Email.Addreii• • , : Mailing Address, City, State,ZIP.Code.' . SECTION 3: Property Information OOOO000 aoM- Appraisal Disuict Account Numtier - • . • 1QO \ •c2vrer4- •��J., Location Address, City, State, ZIP Code • Legal Descriptlonor.attoch copy of the fox bill or taxrece1pt: ' OR • Tax Receipt Number . ' •c>n : ^C1C ' -"t^l$O2 • Form developedby:TexasComptroller ofPublic Accounts, Pr,perty-Tex Assistanee•Division ForadditioaatcoQles,visit:compfrollertexas.gov/taxes/property-tax 50-181 • 4-20/12 Vol. 3t -I Z Pg. M • • • ;:Appltcation focTali.Refurid,•Overpayrments or�Erroneous Payments -SECTION 4: Tax Payment Information ' Complete the tax payment information requested below for each taxing unitfrom which refund is requested. A separate document containing the same iriformaion may be : attached for additional taxing units, If necessary. • ' N�rrie : fNFa,Aji9 iti ; •`FroThW6411 e(%4ii1:0 kAV .F' 1. ZREFUND . cYkor ( r4Vhicft • Re(uj Qi9 1 d1��.j�tY a ' '� .Y� D•, 7'e,�o(%i a 6..01.1 ,;, C7•tcCr;� y}lct j " o nt of - $ Pardue.; '11rnclOnj•o PTaR Rejt na� •!ll '{Re3�uftited Io'�iu " S 2. Sbct3a CO 00-a-0 OU2.?� • -‘ $• 1014:..10? : $ .. ak"l ,iv -3 3. d 'as- . a-0 ((Q.. - -\ s 11::n•.3' -1 S -.-3‘4 a 4: ' b- ..CAp \St%) . Sao. . CAS) '-.A'A' : $ . P --5•71•D-$ `-(.91:0:4'. 6. $ - . $ 7. S $ • S S. • Taxpayer's Reason for Refund (attachsu.ppotting documentation] sep r c9•a . &C.0 SECTION S: Taxpayer Signature I hereby apply for the refund of the above described taxes and certify that the information I have gien on this form is true.and vcoirect. • printhere• . _ • • Print Taxp sign . • r Name • Taxpayer5lanatuie witact ' Date. . If you make:e false statement on this.application, you could be found•guilty of a Class A misdemeanor'or a state jail felony underTexas Penal Code, §37.10: ' If the collector does not respond to this application on or before the 90th day after the,date the application form is filed with the collector, this application Is presumed to have been denied. The taxpayer may file suit against the taxing unit in the district court to compel payment of the refund if it is filed not Jater than the 60th date after the collector denies the application. • 'See Government Code Section 552.137 regarding confidentiality of email addresses. FOR COLLECTOR USE ONLY SECTION 6: Tax Refund Determination This tax refund is. • • print-- heire • , ' • . 'PdntNardean• tle sign.' • here • • '.A print :Print Nanie and 'Rile :sign .. • here-• • . . '-Collector(s) of -axing Unit(s) for Refund Applicatlons.Over (Insert amount for-wtiich Date ' ' . 'governing body approval Is required underTax Code Secilan31.1.1): ' TiIi4 . visit co,Imptfollertexasgov/taxes/property-tax pg. lea l Page 2 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 10/05/2021 REQUESTOR SRA-Strategic Realty Advisors LLC ADDRESS 3007 Earl Rudder Frwy S Ste 300 College Station Tx 77845 OWNER NAME Robert Young PROP ID# 109299 REFUND AMOUNT $ 6.82 REQUESTOR The Mule Barn Boutique ADDRESS 882 Gilmore Ln Madisonville Tx 77864 OWNER NAME The Mule Barn Boutique PROP ID 347326 REFUND AMOUNT $ 17.57 REQUESTOR Fratris Clearleaf LLC ADDRESS 106 E 6T" St Ste 900 Austin Tx 78701 OWNER NAME Fratris Clearleaf LLC PROP ID# 40827 REFUND AMOUNT $ 540.10 REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT Vol 3l pg. 1\3 A CC.,:r TI. OR4AXklE!ND Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 Collecting Tax for: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD OWNER'S NAME AND ADDRESS • YOUNG ROBERT 813 PLUM HOLLOW DR COLLEGE STATION TX 77845-1901 PROPERTY DESCRIPTION Legal: PEBBLE CREEK PH 8C, BLOCK 31, LOT 16 Address: 813 PLUM HOLLOW DR , — _ — Account•#'1O9299— • TAX PAYMENT INFORMATION • Name of Taxing Unit Tax Year of Refund 2REFUND 2020 03/19/2021 $379.18 Taxpayer's reason for refund: OP -Overpayment REFUND TO: SRA-STRATEGIC REALTY ADVISORS LLC 3007 EARL RUDDER FWY S SUITE 300 COLLEGE STATION TX 77845 Payment Date Amount Paid Refund Amount Requested $6.82 axes and certify that the informatio on this form is true and correct." iI v4 v1 ent on this application, you could be found guilty of a Class A misdemeanor or a state Jail felony eetion 37.10. TAX REFUND DETERMINATION Aut r zed Officer Signature %/2-1 Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date pg. \\Lk TAX RECEIPT 09/27/2021 02:13PM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSORCOLLECTOR . 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: SRA-STRATEGIC REALTY ADVISORS LLC 3007 EARL RUDDER ANY S SUITE 300 COLLEGE STATION, TX 77845 _ __ReceipFNumbeT_, 3043017 ' Date Posted -- 03/19120211 payment Type • P Payment Code __ Over/Refund Total Paid _ ___- S379.18_ Dropeity ' — -- - Legal Acres 0.0000 109299 :497900-0031-0160 • - —'_ Legal Description PEBBLE CREEK PH BC, BO L_ C_K 31, LOT 16 Situs - D_ BA Name 813 PLUM HOLLOW DR , Entity _ _Year _Rate Z REFUND ENTITY 2020 0.00000 BRAZOS COUNTY 2020 0.49500 CITY OF COLL. STAT. 2020 0.53462 COLLEGE STATION ISD 2020 1.22900 Taxable Value stnit#— Void_ 0 145376 N 481,686 142928 N 457,602 142928 N 456,666 142926 N • Owner_Name_and _Add_ress . YOUNG ROBERT - -- - . 813 PLUM HOLLOW DR _ e COLLEGE STATION, TX 77845-1901 • Original Tax Di_scnts P81 Att Fees Overage Amount Pd' 6.82 0.00 0.00 • 0.00 0.00 _ 6.82 77.99 0.00 7.02 0.00 0.00 85.01 80.02 0.00 7.20 0.00 183.60 0.00 16.53 0.00 0.00 87.22 0.00 200.13 379.18 Balance Due As Of 0311912021: -6.82 Operator Batch tmoore 35165 (03(19/20217M) Tender Details • - Check - - 21218 Description _ Amounty 379.18 379.18 _ _ Total Paid _ — - 379.18' Page: 1 Receipt Issued in Accordance with Section 31.075 of the Texas Property Tax Code Vol. 3a pg. \\s Na,ems,,u� APPLICATION FOR TAX REFUND . Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 Collecting Tax for: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan.ISD, College Station ISD, Fl, F2, F3, F4, City of Kurten, Navasota ISD OWNER'S NAME AND ADDRESS THE MULE BARN BOUTIQUE GILMORE NANCY 882 GILMORE LN MADISONVILLE TX 77864-7240 PROPERTY DESCRIPTION ___Legal: BUSINESS.P_ERSONAL PROPERTY Address: 901 HARVEY RD A, Account# 347326 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2020 09/02/2021 $260.00 Taxpayer's reason for refund: OP -Overpayment REFUND TO: THE MULE BARN BOUTIQUE GILMORE NANCY 882 GILMORE LN MADISONVILLE TX 77864-7240 Payment Date Amount Paid Refund Amount Requested $17.57 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." Signature Phone it an €mall Addles F 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 Authorized Officer Signature 1o/S/a) Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date TAX RECEIPT 09/02/2021 08:46AM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: THE MULE BARN BOUTIQUE % GILMORE NANCY 882 GILMORE LN MADISONVILLE, TX 77864-7240 F07, g'Plifeergiftiiiintiga:;:a 3063522 pategosiedi,gzs:'•). Payrtppritippe Paynjent.Code'`:', •v 0B/3112021; P OverlRefund• 5260.00. ''..+:_Pr p rtylipLs.`•_•t.. Geo .,Ag',,'••ei6::..r; els:. . , =tegal,Acres' : 4LV:if i • 347326 .892013-0000-0818 ;0.0000 i s, :..;s: 2 y :;.::. - ` Legal.Pescttption' '' • _t�:... >...-;9'4'3-` .k 4 i; ._s:r. BUSINESS PERSONAL PROPERTY ' { :,�y µ �', 5itus " ' ti 4 ' .•='i, y:E�,' F-•DBA' Nani'e r .'. vc ? :+''e ..,,I. } s a��+� k,., , 901 HARVEY RD A , THE MULE BARN BOUTIQUE 1 Name anif Address •:;.: =Y ; !THE MULE BARN BOUTIQUE • % GILMORE NANCY 882 GILMORE LN j MADISONVILLE, TX 77864-7240 LEritlty t4i.•.KYear*`_:RRatte4}s,;'? TaxableValue,;•.,Stnlit3l r.!iiVjAii :Orlglna_I'sTa6.iDlscnfs :P.,8,143 CAD BP 2019 0.00000 0 122000 N 0.73 0.00 0.23 BRAZOS COUNTY BP 2019 0.00000 0 122000 N 3.04 0.00 0.94 CITY OF COLL -STAT. 2019---0:53462 86,070-122000-N 34:44--0:00---10.67 8:77 0.00 .i1:88 BRAZOS COUNTY 2019 0.49750 86,070 122000 N 32.05 0.00 9.94 6.30 0.00 48.29 CITY OF COLL STAT. BP 2019 0.00000 0 122000 N 3.27 0,00 1.01 0.64 0.00 4.92 COLLEGE STATION ISO BP 2019 0.00000 0 122000 N 7.59 0.00 2.35 1.49 D.00 11.43 COLLEGE STATION ISO 2019 1.23900 86,070 122000 N 79.81 0.00 24.74 15.68 0.00 120.23 ' Z REFUND ENTITY 2020 0.00000 0 148167 N 17.57 0.00 0.00 0.00 0.00 17.57 260.00 Feeara:iter ke. Ain6unt Pdj 0.14 0.80 0.00 4.58 0.00 1.10 Balance Due As Of 0813112021: -17.57 37 . °,+fir ''_' ' Descri lido,.. s. Tender •+'�� Details.;,) .Mt, i; `t^ °.� p _.::la.,�;!t-_• :+`.,�,j - s•�-.:.' •:i� .,t;w • tow-�r.�- -.e; ,.r? '; •AIT1FuT4 Check ECK 260.00 260.00 Operator. 30tcti-'''if".- :'r'ig ":-:f' ,,i,.,r, ej, , fig * i x ;�,:;_: •. r.< r•:._,:._ y Total'Peidf lemerson ~37334 (JETPAYC -090220211E) `$ 260.00 Special Condition Exists for this Property Page: 1 Receipt Issued In Accordance with Section 31.075 of the Texas Property Tax Code TmoAtamg,,Nc Vol. 34 .pg. 1V1 Authorized Officer Signature Pzor&ILr(-1-40 . 7,g4. 7-)c. &t) _ APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775.9930 Collecting Tax for: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College.Station ISD, Fl, F2, F3, F4, City of Kurten, Navasota ISD OWNER'S NAME AND ADDRESS FRATRIS CLEARLEAF LLC % BROOKS BOBBY 106 E 6TH ST STE 900 AUSTIN TX 78701-3665 PROPERTY DESCRIPTION Legal: S11AD0W00b PH 3, BLOCK H, toff Address: 1129 CRYSTAL BROOK DR , Account# 40827 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid 2REFUND 2020 02/04/2021 $2217.51 Taxpayer's reason for refund: OP -Overpayment REFUND TO: FRATRIS CLEARLEAF LLC % BROOKS BOBBY 106 E 6TH ST • • STE 900 AUSTIN TX 78701-3665 Refund Amount Requested $540.10 Sign below and return form to the Brazos County Tax Office. "1 hereby agply for the refund of the above-descrlbed taxes and certify that the information on this form is true and correct." -802310 If you make a false statementon this application, you could be found'gulity of a Class A misdemeanor dr a state jail felony under Texas Penal Code Section 37.10. . TAX REFUND DET (NATION nd is I Approv • . l Disapproved ).°/•Sli Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date vcr7:3La Pg. \k(?) TAX RECEIPT 02/04/2021 03:12PM :y KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: FRATRIS CLEARLEAF LLC % BROOKS BOBBY 106 E 6TH ST STE 900 AUSTIN, TX 78701-3665 try taige5elptNum6'er: •Y_,-, 3035390 Gate ros ecr .:, 01/31/2021 Payrtleiit::rifP ��r,.;,,g4 Paymerit•Code:0, 1 OverlRefund 5540.10 �,'f-�';t-•���;:a,?:�• .;r• •'`4 _•.' '�*''�::� ':� Le ahAee�.r �"::Y'�i'c�+%.y;. ,':ra<. n�. # �.. � � •, :�.;' ', r,.,_.�• .:Y?.�.�^`: 8...•`,�.i.... r�- ,� ^�: a:� Owner';Namearia�Address�.�'r.s 40827 1567700.0308-0010 •0.0000 . T FRATRIS CLEARLEAF LLC �-,�.,•t T • ,-- -.�. i E •.� ,, ,_ �s.• �i % BROOKS BOBBY ` .•^-'' `iti1' .ra is afr5l De5C65r.,. 11' ;, ;•t:1;a .,,r2as_k .— tif7,i..%fP.�t4 i 106 E 6TH ST •SHADOWOOD PH 3, BLOCK H, LOT 1 i i STE 900 •'i .' 9V njY�., ..i+z-.�[:. Z a•=.� a.� T^�•�aAyc•� ire s. `°hw' i'�'[�` 'S.I•tus� ili#1 s r ,�.ta1 :� zt I ,. y. +�,''.i' ,�' :i`r'G8_' Name •' % ii,.; a +• s"' +' � �i:. I AUSTIN, TX 78701-3665 1129 CRYSTAL BROOK DR ,��tlT i iEntl •5. c, : s•:t7 Year Rate.,,•:1� Tazatile:Value-a •Stmt# old; , ts:PrI' .n.arr•,Tax ; r scnts1--" ;R813Att;F,e0g0yeratit . ' ._ tY_ �. ,� - .9.. r••_ ::. � - ...:.:.at��r, mount d 2 REFUND ENTITY 2020 0.00000 0 145235 N 540.10 0.00 0.00 0.00 0.00 540.10 540.10 Balance Due As 0f 0113112021: -540.10 plec e�i i ,4 ,~` r letellS --- r� � .;kCV,40: � ;%1 p ,��,,AA.1, �v,W:.?;'` tr', .g . r�:� ...s =%- �g,�,;:�:�a•�t- r�. �:.1. ,,,i�3, �.;Descriptto ,,.. ,•, ,-` can i Credit Card CC XX-5523 Conv.Charge 0.00 540.10 540.10 %::APeraEo�_;,°Bat 11';'83,`•' :r�.t. !.•; ,;..,.a..c,; ..Fr7T- .,_'�. �•,. - ^ ;. r l_^• ,.7 •�.. il�4 ;yi : T•�?.;, %_',u•i�a,.•:_. r�_�'�. xa :a:. :�Gw.lr.;z,'�: � :<x��.._-.��TotalPalilj �.��. -_ '' lemerson 34800 (JET PAYC - 02032021LE) 540.10• Page: 1 IptIssued in Accordance with Section 31.075 of the Texas Property Tax Code a. Pg. \\61 Tam Adorate •uc BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2020-2021 BUDGET YEAR NO. 20/21 51.1-51.2 On this the 5th day of October 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 5th day of October 2021 the Court heard and approved a budget amendment(s) for the 2020-2021 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 8 September 2020, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 5th day of October 2021. 1HE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget ��� _3La Pg. lac BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20121 - 51.1 10/5/2021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Community Supervision - County Support Repair and Maintenance 50.00 General Fund Community Supervision - County Support Departmental Support 50.00 Community Supervision - County Support Reallocation of funds to the appropriate department's account t0 cover the September 2021 Verizon bill. For~AcadiitinnAirposes'Opl M a . ..� t .✓.tis r.-< .f..+, AiN1 '-Y i i} �.?i�*{ _ �,_ .-➢.. �3�5 _ . , . '5.�..< z, —,.7 t _. .. z ="' ., _ a _ Y ... ��.a.... FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 26001000 65540000 CR Copier/Printer/Fax Maintenance 50.00 01000 26001000 61740000 DR Telephone 50.00 *A. ��4� Pg. \ ai BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 20/21 -51.2 10/5/2021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Court Support - Criminal Court Support - Child Protective Services - 85th Contractual Services 30,000.00 General Fund Contractual Services 30,000.00 Court Support - Criminal and Court Support - Child Protective Services - 85th Reallocation of funds to the appropriate department's account to cover attorney fees for the remainder of FY 21. FoY,Aecmmtios Proposes Gal ca .. f .: .a o ... ,,. Y H' ,.',,ik't.? .,,, ,,n,h... ,_ . ,. c ,t: R ° a. A,., .. ;t .. n e x _ ._ n. . ,r .? r:.,; „« FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 01000 11010000 72205000 CR Court Appointed Attorneys - 85th 30 000.00 01000 11028500 72110000 DR AttorneyFess 30,000.00 �� �- 34 Pg BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2021: 2022 BUDGET YEAR NO.21/22 1.1--1.6 On this the 5th day of October 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 a Nancy Berry, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 5th day of October 2021 the Court heard and approved a budget amendment(s) for the 2021-2022 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 7 September 2021, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 5th day of October 2021. IHE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget O�. � Pg. l ≥ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21/22.1.1 10!512021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Commissioners' Court - Non Capital Facilities Services - Non Capital Repair and Maintenance 166,684.85 Commissioners' Court - Non Capital Tax Office - Non Capital Repair and Maintenance 11,672.62 Commissioners' Court - Non Capital Sheriff Office"- Jail - Non Capital Repair and Maintenance 155,012.23 Commissioners' Court - Non Capital Fund Reallocation of fiords to the appropriate department's account for the Fire Panel Upgrade at the Tax Office (CIP #21-601/#22-594) and Jail (CIP #21-602/122-595). iApp oval �" ytz*r '` 4 R ate.,. -,., -. -... M.. .> or.Aceolgtrnt: ,. ,... er-:.. c.3k. s°�, OiVCOril5i .*, .- �.. .. .. .84 '-'..: � a .,...: }. ' .. :` .. s,.1. 162,13.igf:a -:. c..v... ,M,N- i- .,. . i k a... ti . ixu =..*.,. s;%c ....., FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 06000 17000006 65054000 CR Fire & Safety System Maintenance 166,684.85 06000 13000006 65054000 DR Fire & Safety System Maintenance 11,672.62 06000 28002006 65054000 DR Fire & Safety System Maintenance 155,012.23 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21/22 -1.2 10/5/2021 FUND General Fund General Fund DEPARTMENT Commissioners' Court DIVISION CATEGORY DESCRIPTION Departmental Support Departmental Support Increase Decrease 3,484.94 Treasurer 3,484.94 Commissioners' Court and Treasurer Reallocation of funds to the appropriate department's account due to the two laptops (PO 210003103), mini desktop (PO 210003103) and a video card (PO 210002932) on back order. Items were ordered in June 2021. but due to the chip shortage, items did not arrive prior to September 30, 2021. For "c"dotu tii P ses'Onlvi asv �+ mpo . ' 5E: �C,..:;�: «.' t:., .;�:» " a ']�1'ktlY1 ..Y₹..rir: dnYte, , .:i 11 3 a ., rt a x . € _ 6 3 a,.:.'i 1. .r ... J.�* � j " e 9 FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 11001500 61130000 CR Contingency 3,484.94 01000 12000100 60500000 DR Equipment & IT Enhancement 3,484.94 Vo o .3(4 Pg J.a5 _ BRAZOS.OOONTY,TEXAS BUDGET AMENDMENTS No. 21/22 -1.3 10/512021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Departmental Support 1,600.00 General Fund 1,600.00 Commissioners' Court - Non Capital 1,600.00 Commissioners' Court -Non Capital Sheriff Office - Jail - Non Capital Departmental Support 1,600.00 Conuntssioners' Court and Sheriff Office - Jail Reallocation of funds to the appropriate department's account due to the Remote Activated Custody & Control Vest (CIP 821-562, PO 210002674) on back order. Items were ordered in May 2021, but due to the shortages, items did not arrive prior to September 30, 2021. 1:or,Ac2ouiitiog.T'tiu'PosesiidiY Al_.iTONS t y .,;:_�;•��r�, .`-_�F,`nk,�'_� T" t.sk'..t*sfen4e:F3"t._'= rz:,s ., .t,.,. ., .. ... .. FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 11001500 61130000 CR Contingency 1,600.00 01000 00000000 91126000 DR Transfer to Commissioner's Court Non Capital 1,600.00 06000 00000000 49028000 CR Transfer from General Fund 1,600.00 06000 28002006 60500000 DR Equipment & IT Enhancements 1,600.00 VoL- 31-a Pg. 1a(IL. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21/22 -1.4 10/5/2021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund General Fund Commissioners' Court County Specialty Court Program Departmental Support Contractual Services 4,199.00 4,199.00 Commissioners' Court and County Specialty Court Program Reallocation of funds to the appropriate department's account to cover the amount approved on the Community Supervision and Corrections Department Intcrlocal Cooperation Contract. The ILA was approved after the FY 2022 Budget was adopted on September 21, 2021 during Commissioners' Court. {Conti Judge Approval , Iton�1eczriwilog�PurposesaUnis—:-:�., . _. . �,..� .,.Y�„s,�,r,-.d . €xti. a; . .,.. ..� �� x:�,-; ,�,, ,�::.. .g.�� e �i�r-; '�..� k.�-z'= FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 11001500 61130000 CR Contingency 4,199.00 01000 22700100 71025000 DR Contract Services 4,199.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122-1.5 10/5/2021 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Permanent Improvement Fund General Permanent Improvement Fund Commissioners' Court - Capital Capital Outlay 41,653.00 Exposition Center- Capital Capital Outlay 41,653.00 General Permanent Improvement Fund Reallocation of fiords to the appropriate department's account due to the replacement of the marquee (PO 210003403) at the Expo that was strike by lighting, not completed by September 30, 2021. Funds were not allocated for this project in FY 2022. (Couritij;Jti�ge proJa a ..1 i?iiii*e6iii"tiq.P,ur)So9eson f # ;t p7. ? f,. .„ a, , r,., , z ': y =5 d ' : t 3"',_'tw, Ltr, i x «'< .. r,.. .v -r.§ FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 45000 63110001 80286000 CR Equipment -Other 41,653.00 45000 63360001 80281000 DR Equipment -Electronic 41,653.00 Vol- _ Pg. \'.% L BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21/22 -1.6 10/5/2021 FUND DEPARTMENT Road & Bridge - Administration Road & Bridge - Administration DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Repair and Maintenance 16 032.37 General Fund Departmental Support 16,032.37 Road and Bridge Reallocation of fiords to the appropriate department's account due to the replacement ofthe radios that were purchased in FY 21 and are on backorder. . I .:9/29j2021 [Eounfjj 4 agi Approval ForAcit$nhtiu„`PdrAOseaEQul. "t1' a..v.,,? ..__ . » ' '� _ s„ t:MONI >: ., . *,&-.F:';,:tt6IM FUND DIV ACCT DR/CR ACCOUNT NAME Increase Decrease 01000 56001000 65670000 CR R&B Maintenance 16,03237 01000 56001000 60500000 • DR Equipment & IT Enhancement 16,03237 Vol. 3_4_ Pg. lag PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 10-05-2021. Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Request(s) Employee Request Applies To Action Requested Collections Becker, Macy Charanza, Lori Garcia, Angelina McCall, Kresta Change of Status Change of Status Change of Status Change of Status County Ag Extension — Administration Warren, Z'Aundria Change of Status County Attorney — Administration Gray, Earl Change of Status Exposition Center — Administration Barnwell, Kenneth Change of Status JJAEP — Community Based Bass, Bryston Change of Status Sheriff Office — Administration Wager, Jason Change of Status Approved in Commissioners' Court: 10-05-2021 : County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) VoL. 3qP Pg. 130 1 Personnel Change of Status (Sep 30,2021) Commissioners' Court Date: Department Submitting Information: Purpose of Submissions: 10-05-2021 Human Resources Consider and Take Action on Change Employment -':'Department Nainef"' Employee Name"' : Tax Assessor - Collector - Administration Armantrout, Stacey Road & Bridge - Administration Hernandez, Luis Separations Department Name - Employee Name Exposition Center - Administration Diaz, John Brazos Center - Administration Nwokafor, Leila County Judge Sanchez, Vanessa Approved in Commissioners' Court: 10-05-2021• County Judge's or Commissioner's Signature: \i (This Copy to be attached to minutes) vole 3-a_ Pg. 131 * Correction To Effective Dates -: DepaitrifentNamd Employee Name Fositlon'Code •, .;rPosition�Nam•e �•_ ;:' •- Corrected Effective Date '. County Attorney - Administration Baughmna, Kaisha 60517-1 Victim Witness - County Attorney 10-01-2021. District Attorney - Administration Cooks, Melva B0428-1 Victim Assistance Coordinator - District Attorney 10-01-2021 County Court at Law #1 and #2 Hammond, Terry 60920-1 Probate (Guardian Assistant) - County Court at Law 10-02-2021 Sheriffs Office -Jail Administration Hinton, Blake B1513-6 Detention Officer - Work Crew - SO Jail Administration 10-02-2021 Victim Assistance Coordinator James, Amanda 60472-1 Victim Assistant Coordinator - Victim Assistance Grant 10-01-2021 Facilities Services - Administration Maddox, Dennis 80703-1 Supervisor II - Custodians - Facilities 10-01-2021 Road & Bridge - Administration Paine, Alfred 62604-1 Operations Manager - Road and Bridge 10-01-2021 Elections Administrator White, Regina B0164-1 Assistant Voter Registration Coordinator - Elections Administrator 10-01-2021 " Correction To Position Titles ' Department Name .. Employee Name . •. Position Cade . ' . ' CorrectectP.osition Title Corrected Effective • ,-,-... At. _ : §so-: -•. :' '.;5- :- ..... i:o'* ;•.• _,- :. ....�t. .. .::..: :. . ,h - .- ...,.'s ::Date,_-. Victim Assistance Coordinator James, Amanda B0472-1 1 Assistant Coordinator - Victim Assistance Grant 10-01-2021` r'''..... County Judge's or Commissioner's Signature: • © 0 _ 3L4 Pg. L3 ORDER NO. O) THE STATE OF TEXAS THE COUNTY OF BRAZOS ORDER ADOPTING CRITERIA FOR USE IN 2021 REDISTRICTING PROCESS WHEREAS, this Commissioners Court has certain responsibilities for redistricting under federal and state law including but not limited to Amendments 14 and 15 to the United States Constitution, U.S.C.A.; section 2 of the Voting Rights Act, 52 U.S.C.A. § 10301; article 5, section 18 of the Texas Constitution; Texas Local Government Code §81.021; and Tex. Gov't Code Ann. §§ 2058.001 and 2058.002; and WHEREAS, a review of the 2020 census data reveals that a population imbalance exists among the County's commissioner precincts requiring redistricting of those commissioner precincts; and WHEREAS, it is the intent of the County to comply with the Voting Rights Act and with all other relevant law, including Shaw v. Reno jurisprudence; and WHEREAS, a set of established redistricting criteria will serve as a framework to guide the County in the formulation and consideration of districting plans; and WHEREAS, redistricting criteria will provide the County a means by which to evaluate proposed plans; and WHEREAS, redistricting criteria will assist the County in its efforts to comply with all applicable federal and state laws; NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the County, in its adoption of a redistricting plan for commissioner precincts, will adhere to the following criteria to the greatest extent possible when establishing new commissioner precinct boundaries: To the extent practicable: 1. Easily identifiable geographic boundaries should be followed. 2. Communities of interest should be maintained in a single commissioner precinct, and attempts should be made to avoid splitting neighborhoods. 3. Commissioner precincts should be composed of whole voting precincts. Where this is not possible orpracticable, commissioner precincts should be drawn in a way that permits the creation of practical election precincts and that ensures (i) that adequate facilities for polling places exist in election 1 Pg. 133 precincts; or, as applicable, (ii) that efficient ballot preparation be facilitated for elections conducted at vote centers in the County. Avoid splitting census blocks unless necessary. 4. Although it is recognized that existing commissioner precincts will have to be altered to reflect new population distribution in the County, any districting plan should be based on existing commissioner precincts. 5. Commissioner precincts must be configured so that they are relatively equal in total population according to the 2020 federal census. In no event should the total population deviation between the largest and the smallest commissioner precinct exceed ten percent as compared to the ideal precinct size. 6. The commissioner precincts should be compact and composed of contiguous territory. Compactness may contain a functional, as well as a geographical, dimension. 7. Consideration may be given to the preservation of incumbent -constituency relations by recognition of the residence of incumbents and their history in representing certain areas. 8. The plan should be narrowly tailored to avoid racial gerrymandering in violation of Shaw v. Reno. 9. The plan should not fragment a geographically compact minority community or pack minority voters in the presence of polarized voting or otherwise discriminate against protected groups so as to create liability under the Voting Rights Act. The Commissioners Court will review all plans considering these criteria and will evaluate how well each plan conforms to the criteria. Any plan submitted to the Commissioners Court by a citizen for its consideration should be a complete plan—i.e., it should all four commissioner precincts and should redistrict the entire County. The Court may decline to consider any plan that is not a complete plan. All plans submitted by citizens, as well as plans submitted by staff, consultants, and members of the Commissioners Court should conform to these criteria. This resolution shall be effective upon passage by the Commissioners Court. 0.342 Pg. \ 33- a 2 BE IT SO ORDERED. Adopted on this 544' day of Dattber 2021. BRAZOS COUNTY, TEXAS Hon. Duane Peters, County Judge ATTEST; Karen McQueen, County erk Q'oL 3LJPg. 1`35 ORDER NO. (91-0) 3 THE STATE OF TEXAS THE COUNTY OF BRAZOS § GUIDELINES FOR PERSONS SUBMITTING SPECIFIC REDISTRICTING PROPOSALS AND PROVIDING COMMENTS WHEREAS, this Commissioners Court has certain responsibilities for redistricting the county commissioner precincts under federal and state law including but not limited to Amendments 14 and 15 to the United States Constitution, U.S.C.A. and Section 2 of the Voting Rights Act, 52 U.S.C.A. §10301; article 5, section 18 of the Texas Constitution; and Tex. Gov't Code Ann. §§ 2058.001 and 2058.002; and WHEREAS, it is necessary to provide for the orderly consideration and evaluation of redistricting plans which may come before the Court; and WHEREAS, these guidelines relate to persons who have specific redistricting plans they wish the Court to consider; and WHEREAS, the Court also welcomes any comments relevant to the redistricting process; NOW, THEREFORE, BE IT RESOLVED, that in order to make sure that any comments regarding the redistricting process and any redistricting plan that might be submitted are of maximum assistance to the Court in its decision -making process, the Court hereby sets the following guidelines to be followed by each person submitting a comment or a redistricting plan for consideration: 1. Proposed plans must be submitted in writing and be legible. If a plan is submitted orally, there is significant opportunity for misunderstanding, and it is possible that errors may be made in analyzing it. The Court wants to be sure that all proposals are fully and accurately considered. 2. Any plan must show the total population and voting age population for African -Americans, Hispanics, Asians, and Anglo/Other for each proposed commissioner precinct based on the 2020 Census Data. If a plan is submitted without a population breakdown, the Court may not have sufficient information to give it full consideration. 3. Plans should redistrict the entire county. The Court, of course, will be considering the effect of any plan on the entire county. Any plan is subject to the Voting Rights Act, which protects various racial and language minorities. Thus, as a matter of federal law, the Court will be required to consider the effect of any proposal on multiple racial and ethnic groups. If a plan does not Vol. 34pg.13Cp redistrict the entire county, it may be impossible for the Court to assess its impact on one or more protected minority groups. 4. Plans should conform to the redistricting criteria the Court will be using in drawing the commissioner precincts. 5. Comments must be submitted in writing and be legible, even if the person also makes the comments orally at a public hearing. 6. Persons providing comments and those submitting proposed plans must identify themselves by full name and home address and provide a phone number and, if available, an email address. The Court may wish to follow up on such comments or obtain additional information about submitted plans. 7. All comments and proposed plans must be submitted to the Commissioners Court by the close of the public hearing. This resolution shall be effective upon passage by the Commissioners Court. BE IT SO ORDERED. Adopted on this .5' day o C.\- 2021. Hon. Duane Peters, County Judge ATTEST: Karen McQueen, County erk �rod..3y� Pg. X37_---