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HomeMy WebLinkAbout2022-08-09 10:00AM REGULAR MEETINGFILE® FOR EC® 0 DATE _0 P vlo aCLOCl< • �M KAREN MCQUEEN PHA�OS COU �� CL,ERK By BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON AUGUST 9, 2022 AT 10:00 AM IN THE COMMISSIONER'S COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COWBRAZOS000NTYTX Invocation and Pledge of Allegiance • U.S. and Texas Flag — Commissioner Cauley 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 -17 3. Approval of UnBound BCS MOU Addendum. 4. Permission to advertise an auction of surplus property. 5. Approval requested from the Purchasing Department to declare a list of surplus property as salvage in accordance with Local Government Code 263.152 and authorize destruction or other means of disposal. 6. Approval of Amendment#2 to Contract#21-009 Filters with Fastenal Industrial & Construction Supplies for additional filters needed. 7. Approval of Amendment #2 to Contract #22-012R Grit Trap Pumping with G&L Wastewater Services to -add an additional tank located at Juvenile Detention Center. 8. Approval of Amendment #1 to Contract #22-024 Stall Shavings and Pellets with Queen Horse Bedding of Texas, LLC for price increase due to manufacturer not being able to supply at contracted prices due to global shortages in materials. 9. Approval of Contract #22-156 Residential Placement for Juveniles with Cameron County Juvenile Justice Department. 10. Approval of Contract #22-157 Rite of Passage for the Juvenile Department Residential Services. 11. Approval of renewal Contract #23-027R Fuel with Fikes Wholesale. 12. Request approval from Road and Bridge to amend the current Brazos County Flood Damage Prevention Ordinance; changes apply to Article 2 Definitions and Article 4.0 Permit Procedures. 13. Tax Refund Applications for the following: Overpayments • a. John D. Gourley- $14.14 • b. Rhone Living Trust - $18.00 14. Commissioners Court minutes for the following dates: • a. July 05, 2022 - Regular Meeting • b. July 05, 2022 - Workshop Session • c. July 06, 2022 - Special Called Session • d. July 06, 2022 - Workshop Session (9:45 AM) • e. July 06, 2022 - Workshop Session (1:30 PM) • f. July 19, 2022 - Regular Meeting • g. July 19, 2022 - Special Called Session • h. July 19, 2022 - Workshop Session • i. July 26, 2022 - Regular Meeting • j. July 26, 2022 - Workshop Session • k. July 27, 2022 - Workshop Session • I. July 28, 2022 - Workshop Session 15. Budget Amendments. FY 21/22 Budget Amendments 42.1 - 42.15 16. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms 17. Payment of Claims. 18. Acknowledgement of the Brazos County Emergency Services District (ESD) #1 Auditors Report for Fiscal Year 2021. 19. Acknowledgement of FY 2021-2022 Budget to Actuals by Funds as of August 3, 2022. 20. Juvenile director's report on detention population. 21. Sheriff's report on inmate population. ' 22. Announcerrient of interest items and possible future'agenda topics. 23. Call for Citizen input and/or concerns 24. Adjourn. Vol, pg. 13 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 item and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. it is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing. policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meting 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 Commissioner's Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOKCOM/BRAZOSCOUNTYTX is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two vwrking days before the meeting. To make arrangements, please call (979) 361-4102. E . pg. MINUTES AUGUST 9, 2022 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, August 9, 2022 with the following members of the Court present: Duane Peters, County Judge, Absent; Steve Aldrich, Commissioner of Precinct 1; Russ Ford, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3, Presiding; I rma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance • U.S. and Texas Flag — Commissioner Cauley 2. Call for Citizen input and/or concerns Tax Assessor/Collector Kristeen Roe notified the public that they will be receiving a notice in the mail with information for the Truth in Taxation website. The website sheds light on the property taxing process. Deputy Emergency Management Director Jason Ware updated the Court on the ongoing drought situation in Brazos County. Mr. Ware stated that the Drought Index is still very high at an average of 746. There have been 204 fires within the last week in Brazos County fortunately, the Fire Departments have been doing a good job containing von. �� 9 wg. ?s and extinguishing the fires. There has been some rain but not enough to lower the fire danger. Mr. Ware asked that citizens pray for more rain and advised everyone to adhere to the bum ban. Chuck Konderla introduced the members of Boy Scout Troop 383 that were in attendance for the meeting. The troop members are required to attend a governmental meeting to earn their communications and public service badges. Consider and take action on agenda items: 3 -17 3. Approval of UnBound BCS MOU Addendum. Commissioner Cauley noted the importance of this Memorandum and thanked the Juvenile Services staff for their hard work. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Ford. Absent: Peters. 4. Permission to advertise an auction of surplus property. Motion: Approve, Moved by Commissioner I rma Cauley, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Ford. Absent: Peters. 5. Approval requested from the Purchasing Department to declare a list of surplus property as salvage in accordance with Local Government Code 263.152 and authorize destruction or other means of disposal. A copy of the surplus property is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Ford. Absent: Peters. 6. Approval of Amendment #2 to Contract #21-009 Filters with Fastenal I ndustrial & Construction Supplies for additional filters needed. A copy of the amended contract is attached. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Ford. Absent: Peters. 7. Approval of Amendment #2 to Contract #22-012R Grit Trap Pumping with G&L Wastewater Services to add an additional tank located at Juvenile Detention Center. A copy of the amended contract and bid tabulation is. attached. Motion: Approve, Moved b� Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Ford. Absent: Peters. 8. Approval of Amendment #1 to Contract #22-024 Stall Shavings and Pellets with Queen Horse Bedding of Texas, LLC for price increase due to manufacturer not being able to supply at contracted prices due to global shortages in materials. A copy of the amended contract and bid tabulation is attached. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Ford. Absent: Peters. 9. Approval of Contract #22-156 Residential Placement for Juveniles with Cameron County Juvenile Justice Department. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Beny, Cauley, Ford. Absent: Peters. 10. Approval of Contract #22-157 Rite of Passage for the Juvenile Department Residential Services. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Ford. Absent: Peters.. 11. Approval of renewal Contract #23-027R Fuel with Fikes Wholesale. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Ford. Absent: Peters. . 12. Request approval from Road and Bridge to amend the current Brazos County Flood Damage Prevention Ordinance; changes apply to Article 2 Definitions and Article 4.0 Permit Procedures. A copy is attached. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Ford. Absent: Peters. 13. Tax Refund Applications for the following: Overpayments a. John D. Gourley - $14.14 b. Rhone Living Trust - $18.00 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Bevy, Cauley, Ford. Absent: Peters. VOL Pg' 7 7 14. Commissioners Court minutes for the following dates: • a. July 05, 2022 - Regular Meeting • b. July 05, 2022 - Workshop Session • c. July 06, 2022 - Special Called Session • d. July 06, 2022 -Workshop Session (9:45 AM) • e. July 06, 2022 - Workshop Session (1:30 PM) • f. July 19, 2022 - Regular Meeting • g. July 19, 2022 - Special Called Session • h. July 19, 2022 - Workshop Session • i. July 26, 2022 - Regular Meeting • j. July 26, 2022 - Workshop Session k. July 27, 2022 - Workshop Session • I. July 28, 2022 - Workshop Session Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Ford. Absent: Peters. 15. Budget Amendments. FY 21 /22 Budget Amendments 42.1 - 42.15 42.1 Reallocate funds for County Court at Law 1. 42.2 Transfer Capital funds to Fleet Services. 42.3 Reallocate funds for Facility Services. 42.4 Reallocate funds for Facility Services. 42.5 Reallocate funds for Facility Services. 42.6 Transfer Non Capital funds to Risk Management. 42.7 Reallocate funds for Facility Services. 42.8 Reallocate funds for Facility Services. 42.9 Reallocate funds for Landscaping. 42.10 Transfer funds from Information Technology to various departments. 42.11 Transfer funds from Information Technology to Tax Office. 42.12 Transfer Contingency funds to Tax Office. 42.13 Transfer funds from I nformation Technology to 85th District Court. 42.14 Reallocate funds for DistrictAttorney 42.15 Transfer funds from I nformation Technology to Sheriff's Office. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Russ Ford. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Ford. Absent: Peters. 16. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. E 3� pg., Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Ford. Absent: Peters. 17. Payment of Claims. Claims 8116736 - 8116873 9005498 - 9005553 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Cauley, Ford. Absent: Peters. 18. Acknowledgement of the Brazos County Emergency Services District (ESD) #1 Auditors Report for Fiscal Year 2021. The Court acknowledged receipt of the Brazos County Emergency Services District (ESD) #1 Auditors Report for Fiscal Year 2021. 19. Acknowledgement of FY 2021-2022 Budget to Actuals by Funds as of August 3, 2022. The Court acknowledged receipt of the 2021-2022 Budget to Actuals by Fund as of August 3, 2022. 20. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 36 juveniles in the detention center, 29 are male and 7 are female, and 38 have electronic monitors. 21. Sheriff's report on inmate population. Sheriff Wayne Dicky stated there were 646 inmates in jail, 540 inmates are male and 106 are female, 59 have electronic monitors and 6 are pending for processing. There are no cases of COVI D°A 9 in the Jail at this time. 22. Announcement of interest items and possible future agenda topics. Commissioner Cauley announced that the reading of the Proclamation for National Night Out is scheduled for August 18, 2022 at the George Bush Library and encouraged the public to attend. 23. Call for Citizen input and/or concerns There was no Citizen input. 24. Adjourn. Pg. The foregoing minutes of the Commissioners Court Meeting held August 9, 2022 have been examined and are approved in open Court this 6th day of September 2022. in Bryan, Brazos County, Texas. .Duane Peters County Judge 065enk Russ Ford Commissioner, Precinct 2 V -dr, / I pa'U-L'�) In& Cauley Commissioner, Precinc Attest: Karen McQueen County Clerk Steve Aldrich Commissioner, Precinct 1 Nancy Berry Commissioner, Precinct 3 Pg_of 3 BRAZOS COUNTY COMMISSIONER'S COURT q � DAY OF , 20 l D � op M/PNi, Leo Name (PLEASE PRINT) \j John �i o. Organization (PLEASE PRINT) t,nmilomy-A .Nirmssilmied Eel-) Pg o&f BRAZOS COUNTY COMMISSIONER'S COURT DAY OF D� Cs� AM/I Name (PLEASE PRINT) S+vok - i ,,e7 or, Lqy-moU, Lorlun to IS)rt y wG,,,, . e Kfttg� ww- ) i (ir< Lt rd h 'N"A- cZ.)-- Organization (PLEASE PRINT) ' gc,5<D /3cPr �O -IW My x 1.4's dui (-.e F)cs(D pc-e cl Pg 2 of 3 BRAZOS COUNTY COMMISSIONER'S COURT DAY OF , 20 . _ Name (PLEASE PRINT) Al Organization (PLEASE PRINT) E -L& q Pga L3 ADDENDUM Memorandum of Understanding Between Brazos County Juvenile Probation and Juvenile Justice Center & UnBound BCS ,-Regarding Confidentiality, Victim Information Sharing & Expectations I. Introduction This document constitutes an ,Addendum to the Memorandum of Understanding by and between the Brazos County Juvenile Justice Center (JJC) and Unbound BCS, collectively known as the "Parties." The objective of this Addendum to the Memorandum of Understanding is to guide and direct the Parties regarding maintaining the confidentiality of participants and establishing expectations between the Parties regarding Unbound BCS' Early Intervention Program. WHEREAS, Unbound BCS has been invited into the Juvenile Justice Center to provide support, for vulnerable youth who fall within possible concern on the Commercially Exploited Youth Identification Tool (CSE-IT) through the Early Intervention Program. WHEREAS, protocol regarding the sharing of victim information needs to be established between the Parties, in order to ensure victim safety and privacy. WHEREAS, establishing expectations of outcomes for the individuals who participate in the Juvenile Justide Center program and setting standards of involvement are necessary to set proper responsibilities. In consideration of the mutual agreements herein contained, the Parties agree as follows: H. Managing Confidentiality of Participant Information a. Both Parties must remain vigilant about maintaining and honoring the privacy and confidentiality of client information, b. Unbound BCS and the Brazos County Juvenile Justice Center will maintain their own legal and ethical obligations to honor clients' confidentiality and privacy. c. Information sharing may increase the effectiveness of service delivery and increase victim safety and abuser accountability when authorized by a client who is fully aware of the risks and benefits of sharing her/his personal information. d. The most protective privacy option will always be considered. Before obtaining a Release of Information (ROI), the Parties will determine if there is another way to accomplish the .purpose without the advocate or agency releasing the client's personally identifying information. Vol.3 !� 9 Pg E:. _aL e. Information about the participant provided to the Parties from another confidential source is also subject to the confidentiality protections set out in this protocol. For example: If a partner receives the results from a psychological evaluation or drug'test, this information will be protected by the confidentiality protections set out in this protocol. III. Protecting Confidentiality While Collecting Participant Information a. As part of the initial contact with any client, they will be advised of their rights regarding confidentiality and privacy. b. Unbound BCS staffwill collect minimal central demographic information and information regarding what services the client requests and uses. Minimum central demographic information includes gender, age or age range, ethnicity, immigration status; number of children, types of services requested, and types of services provided. Information provided that identifies the victim directly will not be reported unless consent is given. c. More extensive intake information may be documented by Unbound BCS or other partner agencies, after the client has given consent. That information will remain protected by that agency's confidentiality policies and practices, unless •the client specifically, in writing, authorizes the sharing of that information between. partner agencies. If the client is a minor, the victim's parent, legal guardian, or attorney ad litem may sign on their behalf. IV. Managing Confidentiality of Information Outflow a. If a juvenile at the JJC makes an outcry to Unbound BCS, and Unbound BCS believes harm to the juvenile or others may occur, Unbound BCS will notify the following in writing: a. Appropriate JDC Personnel and Child Protective Services (if applicable). b. In order for confidential victim/client information to be shared between Unbound BCS, the Brazos County Juvenile Justice Center and one or more partner agencies, the victim must give voluntary, informed consent by signing a written, release of information form. c. Information (including personal identifying information such as name, address, and phone number.) that victims share with Unbound BCS is confidential, and can be shared only with a, victim's specific, informed, written, consent for release or sharing of confidential information and any mandatory medical or child abuse and neglect reporting requirements. d. Release of Information (ROI) a. If the victim is a minor, the parent, legal guardian, or attorney ad litem may sign the Release of Information on the minor's behalf. b. Releases of informationmust be written, informed, and reasonably time -limited. e. 'Limited, non -personally identifying demographic information can be sharedwithout an explicit, written, time -limited consent if it is certain to not identify the victim. f. Limits on sharing victim information outside of the Parties; a. The Parties will not give confidential participant information to any non -partner except non -identifying demographic information, which may be provided to evaluators and auditors to evaluate the effectiveness of the Parties. b. If any participant referrals to non-member service providers are warranted, such referrals will be made in a way as to preserve confidential participant information. For example, referrals to outside party providers can be made by giving the participant the contact information of the provider so he/she can contact the agency directly. EVol .L- Pg. _r ,i-F3-•t�'-'t'y'. �f':«w .. .. .,. - r .� ..�� ,'�'4ig h `, ;4�r'g''•ti'� aa, V. Establishing Expectations of the Relationship and Outcomes a. Unbound BCS's staff will be granted appropriate access to the .Brazos County Juvenile Detention Center's facilities in compliance with the entry protocols of the Center. b. Unbound BCS will not be held responsible if participants become victims of human trafficking or for any other type of emotional, mental, or physical harm endured after their release from the Juvenile Detention Center. c. Unbound BCS •will be organizationally and professionally responsible to the Center's Detention Staffs line of authority. d. Unbound's Early Intervention Program will support at -risk youth by reducing traumatic responses, improving overall health and connecting them with needed services and support within the youth's community in order to prevent future exploitation. These youth will be supported by an Early Intervention Specialist who will provide emotional support, individualized education addressing the youth's risky behaviors, increasing coping and life skills (e.g. problem -solving, communication, boundaries, safety planning, managing interpersonal relationships,. and co -regulation). The early intervention program aims to strengthen the youth's community by increasing connectedness with the youth's support system (e.g. school, family) through case management and home/school visits. The early intervention program is to provide support to family/guardians by providing education about risk behavior, physical and emotional developmental needs, and empowerment skills (including safety planning). The early interventional specialist will connect family/guardians to available services, in the community when needed. VI. Termination a. This agreement may be terminated by either party by giving written notice prior to .December 34st of each calendar year of their intention to terminate theMOUthe preceding year. b. If the Memorandum of Understanding is terminated by either Party, steps shall be taken to ensure that the termination does not affect any prior obligation, project or activity already in progress." VII. Compliance 4vith the Prison Rape Elimination Act (PRE, A) Unbound BCS, as an operation of the Juvenile Justice Center will comply with the Prison Rape Elimination Act (PREA), The Detention Center has a Zero Tolerance Policy regarding sexual abuse and sexual harassment. The Detention Center will conduct a background investigation on all proposed employees, volunteers, or other contractors that may have contact with inmates. Background checks will be conducted at least every five (5) years for :all contractors. The Unbound •BCS shall ensure that all volunteers and contractors who have contact with detained youth have been trained on their -responsibilities under "the agency's sexual abuse and sexual harassment: prevention, detection, and response policies and procedures. Any contractor or volunteer whd engages in sexual abuse is prohibited from contact with Inmates and shall be reported to law enforcement agencies and to relevant licensing bodies, unless the activity was clearly not criminal. The facility will take appropriate remedial measures and prohibit further contact with inmates in the case of violation of sexual abuse or sexual harassment policies by the contractor. The contractor has an affirmative duty -to disclose any misconduct in violation of the sexual abuse and sexual harassment policy. Material omissions regarding such misconduct, or the provision of materially false information, are grounds for termination of this agreement. The terms of the MOU shall run until December, 31 2o22 which is automatically extended for one calendar year on every first day of every January, unless one or both parties request modification of, or the cancellation of the Memorandum, prior to December 3x of any year. BRAWS COUNTYJUVENILE JUSTICE CENTER Signature JC,� Date Linda Ricketson Executive Director Juvenile Justice Center 1904 Hwy 21 W Bryan, TX 77803 Signature Date Duane Peters, County Judge Brazos County 200 S. Texas Avenue, Suite 332 Bryan, Texas 77803 Phone: 979-361-4102 ctwamo�/ gwr- Signature 7/27/2022 Date Amanda Buenger, J.D Executive Director Unbound BCS 18o3 Briarcrest Dr. Bryan, TX 77802 V01° Pg. 7 Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 3614290 FAX (979) 3614293 BRAZOSCOUNTY AUCTION DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise the following: DATE: August 9, 2022 AUCTION RUN DATES: Start August 12, 2022 — August 26, 2022 REQUESTING DEPARTMENT: Purchasing TYPES OF ITEMS BEING AUCTIONED-.. Furniture, Computers, Equipment, Misc. Items APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED. A W G August 2022 Destruction Current Asset Description Location Police Vehicle Partitions Surplus Fleet Pallet of 12 Plastic Backseats for the Dodge Chargers Surplus Fleet Police Car Partitions Surplus Fleet Rug Surplus Box of Childrens Clothes Surplus Low Risk Broken Chairs Surplus Low Risk Plastic Bunk Matress Holders Surplus Old Radios Light Fleet BRAZOS COUNTY m- I Duane Peters, County Judge slct laa, Date AMENDMENT # 2 TO CONTRACT #21-009 FILTERS THIS AMENDMENT #2 TO CONTRACT #21-009 FILTERS ("Amendment") is entered into and effective this 19th day of July 2022 ("Effective Date") by and between Brazos County ("Customer"), and Fastenal Company. ("Contractor") each of which may alternatively be referred to herein as a "Party" and collectively as the "Parties". All capitalized terms in this Amendment shall have the same meaning as in the Agreement (as defined below) unless otherwise stated herein. RECITALS WHEREAS, the Parties entered into that certain original contract # 21-009 ("Agreement") for purposes of Fastenal Company to provide filters; and WHEREAS, the Parties desire to amend the bid tabulation as set forth in original contract # 21-009. AGREEMENT NOW THEREFORE, in consideration of the above premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows: Add 4 Profttter filters as set forth in amended tabulation for Contract #21-009 Filters, a copy of which is attached hereto and incorporated herein. a. 14 x 20 x 1 at $567.00 for a case of 12 b. 16 x 24 x 2 at $696.70 for a case of 12 c. 18 x 20 x 2 at $904.00 for a case of 12 d. 18 x 20 x 4 at $1,130.00 for a case of 6 2. Conflict/No Other Modifications. 1n the event of a conflict between the terms of this Amendment and the terms of the Agreement, this Amendment shall control. All other terms of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be signed by their authorized representatives as of the Effective Date. This Amendment may be executed in counterparts, all of which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of execution of this Amendment and shall be binding on all Parties hereto. BRAZOSCOUNTY Si ature NaCouNTY %u,0cof Titlgg F) L't e, Date FASTENAL COMPANY Signature Alissa Byrd Name Operations Manager Title August 9, 2022 Date IQ 21-009 Filters Amendment p2 October 01,2020 -September 30,2022 }x. t•;{,« +' .�- 'FtistertalCo n 'y,c�;' )Ohnstonesucofir FBtarD Site WxHxONominal Estimateda or5ing{e FlLTmused peryear ' Cost/C1se pofFllters per,Cm', Costper Filter Toto(Cost• `eraad, Costi6sa $101FBters per Case CostPdr Filter TotafCart Brand 'i'. t.:wit ~115.96 • 1 8 :20xI 16 5 14028 12 IS 1L69 S 287.04 Profitter S 12 S 9.63 S 154.08 Glasffass 2 81/2x3oxl 32 S 19.24 -12 S 22.77 $ 153.24 Profitter 143AO 12 $ 1195 243.40 Glasfioss 3 81/2x48xl 16 S 284.28 12 S 23.69 1 '379.04 Profitter $ 279.64 12 S 1497 S 23952 Gtasiloss 4 10x20xI 40 S W52 12 S 6.71 S 26SAD ProfMei S 7LS2 12 S 5.96 S 238,40 6131floss 5 10 x 16 x 1 52 S 14128 •. 12 5 11.69. S 607.88 Profitter S 11S.56 12 S 9.63 500.76 Glasffass 6 1ox36x1 24 163.80 • 12 S 13.6S $ 327.00 Profitter S 16LIS 12 S 13.43 S 32232 Million 7 12 x 12 x 1 16 $ 66.00 12 S 5.S0 S 88.00 Profitter S BUG 12 S G.78 5 109A8 Giail oss 8 I14x14x1 4 $ 140.26 12 S 11.69 S • ' 46.76 Profitter S 80.63 12 S G.72 S 26M Gtasfloss 9 147 x173 xl 92 S ISIU 12 S 12.77 S 11174.84 Profitter • S 143.40 12 IS SL95 S I099A0 Glasfloss 10 14 x 20 x 1 12 S 56760 12 S 47.25 S '. 567.00 Profitter • 11 16x 16 x1 8 $ 8736 12 $ 128' 5. 58.24, Profitter 1, S 105A8 12 $ 8.79 7032 Glasfloss 12 16x20x1 140 S 6936 12 S &78 S 6D9.20 Prafitter S 68M 12 S S.74 S 903.60 Glasfloss 13 26x25xl 4 $ G4.20 12 S- 525 $ 2L40 Profitter'.' $ 7632 12 636 S 2S,44 Ghsfloss Id 26x391J4x1 4 S 246.22 '•0.12 'S 2051 S e?04 Profitter S 206M 12 S 1724 S 68.96 Gtaslim 15 18x18x1 64 S 6736 22 $ 7.28 S -465M Profitter S 11256 12 S 939 S 6I= Glasfloss 16 18x24xl 8 82.92 ..12 S "I S 55,28 Profitter. S 08.68 12 S 739 S 59.22 Glmfloss 17 19x30xl 4 S 21120 .12 S 17.60 1 $' : '70A0 Profitter Is 192.60 12 S 16.05 5 64.20 GlasQoss 20 x 20 x 1 72 S 64.20 - 12 S 535 S 18520 Profitter S 77.16 12 S 6.43 S 46296 Glasf{oss 20x22xI 8 S" 189.60 IZ S 15.80 S '126AD Profitter 10752 12 S 8-% S 71.68 GWsfloss 20 x 24 x 2 8 S 9436 12 $ 7.03 S ' '5624 Profitter "' 5 87.60 12 S 7.30 S 58.40 Glasftoss 20x2Sx1 156 -$ • • 63AS 12 S 5.29 S 825.24 Profitter S 8L08 12 S GA4 106704 Gtasfioss R221 20x30x1 4 S 10D.80 12 •' $• 8Ab .S - 33.60 Prefilter 10.92 12 S 9.66 S . 3&64 Giasilots 211/2z221/2x1 20 S 189.60 12. S I5.80' $ 326.00 Profitter • 179.64 12 S 1437 S 299AO Glasfioss 2134x3534xi 4 'S 282.12 12 S 2331 31 .94.04 Profitter S 219.36 12 1&28 S 73.12 G SHM 2a z 24x 1 8 S ` 91.80 : 12 S •'7.6S' S • 20 `6L Profitter . S 100.56 12 S 8.38 1 S 67.04 161asiloss 26 24x30x1 4 S 248.52 12 $ 20.71 82.84 Profitter ` S 14&44 12 S 1237 5 49.48 Gfasfioss 27 27x10x1 8 S 250.17 -12 IS 20.95• 2' S IM78 Fihers'" IProfftler sl: - 28 I12x24x2 96 S 74.761 12 1 $ 6.23 5 224:28 Profitter 12 $ 6.53 235.08 GtasfloA 29 14x20x2 20 76.20 42 5 63S $ 127.00 Profitter 12 6.68 S 133.60 GWsfloss 30 16x36x2 16 S• 7392 12 - $ 6.26- 88.56 Ptofftter -' 12 S &84 S 14L44 GWM 31 16x20x2 1145 56M 12 S 4.74 S 5 2730 Profitter LSM6 12 S 6.28 S 7190,60 Glasiloss 32 16x24x2 12 .5.696.70 K12 S 58AG. $-696.70 Profitter 33 16x25x2 798 S 74.04 •12 6.11 4 861.96 Profitter 12 S 7.26 S 720M Gtasfloss 34 18x20x2 12 S 904.00 12 S 7S.33 S '904.00 Profitter 35 18x24x2 24 S 95.W 12 '.$ 7.97' S• 19121 Profitter 15 8&80 12 S 7.40 S 3.670.40 lGfasftcu 36 20 x 20 x 2 496 S 62A0 12 $ 5.29 S Z623.84 Profitter 37 2ox14x2 32 S 6352 12 S 6.96 221.?2 Profitter S 120.04 12 $ 9.17 5 293A4 Giasfloss 38 20x2Sx2 491 S 73M .`°22 S 6.12t S 301L04 Profitter, S 302.E 12 S 8S5 $ 4X6,60 Glatfloss 39 2D-x3030x2 72 S 60.82 '6 S 10.14 S 729.86 S • - 846.36 Profitter Profitter- S 209.83 12 27.49 S G29.64 Glaslfoss 40 221/4 x 22 4 x 2 36 S 282.32 12 5 2351. 41 24x24x2 76 S ' an 12 $ &19 S '627A4 Profitter' $ 122.16 12 S 10.18 S 773.68 Glasfioss 42 25x2Sx2 24 S 125.40 12 S 10.45 5 250:IA Profitter S 141.94 12 S 1192 S 283.68 Wasiloss 43 28x34x2 8 5 800.26 '12. S 66.6& 533A4 Profitter S 419.04 12 S 3492 5 27936 GlasBoss 44 16xZ0x4 32 $ 6L56 6 .$ 1016 S-12932 Profitter. 65.88 6 S 10.98 $ 3SI36 Glatfloss 45 16x25x4 104 S •69.48 6. S M. S 1,204.32 Profitter S 76.68 6 S 12.78 S 1 29.12 gasfioss 46 I0x20x4 12 $1130.006 51�41 Profitter 47 20x24x4 8o S: B0.70 "6 S Profitter.• $ 9L56 6 S 15.26 S 2220.80 Gtasfloss 48 2ox25x4 192 $ 70.08 6 $ Profitter S 90.06 6 15.01 S 2.88L92 Glasfioss 49 24x24x4 16 $ 86.82 B S Profitter . S 102.54 6 S 17.09 S 273.44 GWdfoss • •, ' $• CantrailO(GaetGCni aflditmwOrs t',3: 5o How many business days after, reCOMM the purchase order will deiliverybemade toBoxes County? ... - . r ' 4-2. 3,Wecks r . ' -. , Less titan 7 Days 51 YXII Contractor be using it's own trucks and dafireryteam, cranoutsourteddellvery smIce (FedEv. UPS etr 7 - Out Sourced c Our own dclWMteam with our trucks. 52 It Is required that the delivery truck have a8ftgee [at of- loadingpurposes. Does CordractoesdenverytrutkhM 0hgates? Or canOontractor guarantee that del" will be madewdthatrudlthathasafift gate? - *' }� •. .• .. . ;:t•:- k�,: , "..''ihodo8verytrvckwillhavealift gate.' , . Ilawarded,wewillmake de8verreswithatruekwithaBttBato. GrondTotah $ 96,057.27 5 a6,34a.w Ame N2: Fast P n$I Comparty Approved by Com Wrds errs Court on this r day of AL LC holding the position of, _ N"t�/ c.I t tUCnE Vol. (e ° Pg. q EXHIBIT "A" IQ 21-009 Filters Contract Term: October 1, 2020 -- September 30, 2022 Fill out "Informal Quotes" form and hand deliver or mail to the Brazos County Purchasing Department, 200 South Texas Ave., Suite 352; Bryan, TX 77803 in a sealed envelope clearly marked "IQ 21-009, Filters". Include the signed Contract and a copy of the required insurance with the submission of quotes. The required insurance is listed in the attached Contract. Quotes must be received by -the Brazos County Purchasing Department prior to 2:00 p.m., Tuesday, July 28, 2020 or they will not be considered. Brazos County will not accept any pricing if delivered via email or fax. Pricing proposals or IQ's delivered to any other person or department other than previously specified, will not be considered responsive. Brazos County is soliciting quotations for a Contract for the purchase of filters for the Brazos County Facility Services Department. All other tools, implements, personnel, supervision, labor, supplies, equipment, vehicles, and all effort necessary to carry out the purchase and delivery of filters will be provided by the successful bidder. Prices quoted must be for a two (2) year period, with an option for renewal for three (3) additional one (1) year periods. SPECIFICATIONS A. DELIVERY: 1. Awarded Contractor will deliver the filters to the Brazos County Facility Services Department located at 206 North Washington Street. Bryan, Texas 77803. 2. Delivery will be made using a truck with a lift gate in order for the filters to be easily off loaded. 3. Awarded Contractor will off load the order and place in a designated area under the supervision of Brazos County personnel. Brazos County will not help with the off load of filters. B. FILTERS: 1. Listed in section F of this solicitation is a list of the most commonly used filter sizes and the estimated annual quantities. 2. Filters quoted and provided by awarded Contractor must be a minimum of MR-11 High Quality Grade or better. 3. Filters must have welded wire backing. 4. Some of the filters listed may be custom sizes. It is the responsibility of the Contractor to produce and deliver the correct sizes to Brazos County. Exhibit A Page I of 6 Vol. pg. °� -� 5. The Brazos County Facility Services Department changes filters quarterly and may need to make multiple orders through each fiscal year. 6. Awarded Contractor must accept purchase orders. 7. Brazos County Facility Services will place each order with an itemized purchase order. Payment will be made once delivery of filters has been made and verified that the delivery is correct and matches the purchase order. C. INSURANCE REQUIREMENTS 1. Successful bidder must provide evidence of insurance prior to award. Full descriptions of insurance requirements are listed in the attached Contract 1. The Contract award shall be based on, but not necessarily limited to, the following factors: a) Cost b) Special needs and requirements of Brazos County c) Delivery d) Location of Contractor (distance that vehicles will travel for services) e) Contractor's past performance record with Brazos County 2. Although the cost of products to be provided is an essential part of the award, Brazos County is not obligated to award a Contract on the sole basis of cost but will award to Contractor considered to be the best value to Brazos County. E. MISCELLANEOUS 1. Contractor must sign and agree to all terms and conditions of Brazos County Service Contract attached or quote submission will not be valid. 2. Contractor must submit and post all questions regarding this solicitation on tine Brazos Valley Online Bidding System located at www.brazosbid.ionwave.net Any questions received via email or phone call will not be answered. 3. Successfid Contractor must provide evidence of Workman's Comp, General Liability and Automobile Insurance prior to award. Exhibit A Page 2 of 6 vol.Pg. _ In F. QUOTES Fill out table below and hand deliver or mail to the Brazos County Purchasing Department, 200 South Texas Ave., Suite 352; Bryan, TX 77803 in a sealed envelope clearly marked "IQ 21-009, Filters". Include the signed Contract and a copy of the required insurance with the submission of quotes. The required Insurance is listed in the attached Contract. Quotes must be received by the Brazos County Purchasing Department prior to 2:00 p.m. Tuesda July 28 2020 or they will not be considered. Brazos.County will not accept any pricing if delivered via email or fax. Pricing proposals or IQ's delivered to any other person or department other than previously specified, will not be considered responsive. 2. Contractor will quote a unit price per filter. `Quote given will include delivery, mileage, and any other costs associated with each purchase. 3. 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. 4'. Please provide specification sheets for each item bid. CONTRACTOR QUOTE Size Estimated # of # of Item # W x H x D Single FILTERS Cost/Case Filters/ Brand Nominal used per year Case � r 4 ....y}', h.., . A�.i..... _ . T - � � •a �;� i%•y� G� t �1, _ .2T. -V'3 T� it.P;LSd Y'•• � '.A i� t ••i•'•a': 1 e #`,� tr.. .SSdi a . � .. :e.-+ ..tt. S.. .5.•y T :..rHw •'i.'su'fi' r... •i 1 8 %2 x 20 x 1 16 $140.28 12 Profitter 2 8%x30x1 I2 $153.24 12 Profitter 3 8 %ax48x 1 Ib $284.28 12 Profitter 4 lox lox 1 40 $80 52 12 Profitter 5 lox ldxl 52 _. ' $140.28 12 Profitter 6 1Ox36x 1 24 $163.80 12 Profitter 7 12 x 12 x 1 16 $66.00 12 Profitter 8 14x 14x 1 4 $140.28 12 Profitter 9 14 7/8 x 17 3/8 x 1 92 _ $153.24 12 Profitter IO 16 x 16 x 1 8 $87.36 12 Profitter 11 16x20x 1 140 _ $69.36 12 Profitter 12 16x25x 1 4 $64.20 12 Iftfitter Exhibit A Page 3 of 6 Vol. pg. � . 13 16 x 39'/4 x 1 4 $246.12 12 Profitter 14 18 x 18 x 1 64 $87.36 i 12 Profitter 15 18x24x1 8 $82.92 12 lPropitter 16 19 x 30 x 1 4 $211.20 12 Profitter 17 20 x 20 x 1 72 $64.20 12 Profitter 18 20x22x 1 S $189.60 12 Profitter 19 20 x 24 x 1 8 $84.36 12 Profitter 20 20 x 25 x 1 156 $63.48 12 Profitter 21 20 x 30 x 1 4 $100.80 12 Profitter 22 21 % x 21 %z x 1 20 $189.60 12 Profitter 23 21 3/4 x 35'�4 x 1 4 $282.12 12 Profitter 24 24 x 24 x 1 8 $91.80 12 Profitter 25 24 x 30 x 1 4 $248.52 12 Profitter Size Estimated # of # of Item # W x H x D Single FILTERS Cost/Case Filters/ Brand Nominal used per year Case tei s 26 12 x 24 x 2 36 $74.76 12 Profitter 27 14 x 20 x 2 20 $76.20 12 Profitter 28 16 x 16 x 2 16 $73.92 12 Profitter 29 16 x 20 x 2 1145 $66.88 12 Profitter 30 16 x 25 x 2 788 $74.04 12 Profitter 31 20 x 20 x 2 496 $63.48 12 Profitter 32 20 x 24 x 2 32 $83.52 12 Profitter 33 20 x 25 x 2 492 $73.44 12 Profitter 34 22 %4 x 22 % x 2 36 $ 282.12 12 Profitter 35 24 x 24 x 2 76 $98 28 12 Profitter 36 25 x 25 x 2 24 $125.40 12 Profitter 37 28 x 34 x 2 8 $800.16 12 Profitter Exhibit A Pat7e 4 of 6 vcg. pg. l�� Size Estimated # of # of 'Item # W x H x D Single FILTERS Cost/Case Filters/ Brand Nominal used per year_ Case _ l T'U4•-s _ '? Filte_ rs- :. ,Y r "S �' } .f.v.'. 38 16x20x2 80 39 .16x20x4 32 $ 61 568 • Profitter 40 16 x 25 x 4 104 $69.48 Profitter 41 20 x 24 x 4 80 $80.70 Profitter 42 20 x 25 x 4 192 $70.08 16 Profitter 43 24x24x4 16 $86.82 g 1 Profitter CONTRACTOR QUESTIONS AND ANSWERS Item # Questions Contractors Answers 44 How many business days after receiving the 2-3 weeks purchase order will delivery be made to Brazos County? 45 Will Contractor be using its own trucks and Out Sourced delivery team, or an out sourced delivery service FedEx UPS etc.)? 46 It is required that the delivery truck have a lift The delivery truck will have a lift gate. gate for off-loading purposes. Does Contractor's delivery truck have lift gates? Or _ can Contractor guarantee that delivery will be made with a truck that has a lift ate? Exhibit A Page 5 of 6 Vol.® pg. G. CONTRACTOR QUOTE CERTIFICATION The undersigned affirms that they are duly authorized to execute this Contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Furthermore, the bidder affirms that they are willing and capable of performing the services entailed in this bid or providing the goods described in this bid and agrees to do so for the term of this Contract. The bidder also agrees to all of the terms and a condition contained in this document and agrees to be held to them for the term of this Contract. Name of Company: Fastenal Company Tax ID #:1-41-0948415-5 Address: 3313 W State Hwy 21 Bryan, TX 77803 Email: bcsgov@fastenal.com Telephone #: 979-822-2920 Printed Name: Blake Chunda Signature of Authorized Representative: Exhibit A Page 6 of 6 Vda 361 Pg. q 7 Brazos County �r. �. Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361-4292 FAX (979) 361-4293 Addendum #1 t0 21-009 Filters Issued: July 22, 2020 Change: Disregard Item # 38 Reason: This filter is duplicated on the bid and Item #38 does not have the correct Estimated # of Single Filters used per year For the 16 x 20 x 2 filters on line item 29, it is estimated the County will use 1145 filters a year. This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of Ad endure, Signature: �- Printed Name: BlakeChunda FILTERS CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S. Texas Ave., Ste. 352 Contract No. 21-009 Bryan, Texas 77803 Page 1 of 9 Pages Telephone (979) 361-4292 GENERAL REQUIREMENT FOR CONTRACT 1, Blake Chunda as a duly authorized representative of Bastenal Company "Contractor" willingly attest to perform (or deliver) as per Exhibit A for Brazos County. I further agree to all of the provisions and specifications contained in this Contract. TERM Term will begin October 1, 2020 through September 30, 2022. The term of this Contract will be for two (2) years, with the option to renew with three (3) additional one (1) year periods. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this Contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the Contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the Contract with its present provisions and prices. AWARD Brazos County reserves the right to award this Contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. The County reserves the right to accept or reject in part or in whole, any IQs submitted, and to waive any technicalities for the best interest of the County. BIDDERS RESPONSIBILITY It is the bidder's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification number and signed by an authorized representative of the firm. Failure to provide signature on the Certification of Bid Form renders bid non -responsive. Failure to complete the submission of all required forms, including but not limited to the Reference Page, House Bill 89 & Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the bidder agrees to comply with HB 1295, Government Code 2252.908. Bidder agrees to provide Brazos County the "Certificate of Interested Parties", Form 1295 as required, pending award, renewal, amended or extended Contract. Visit littps:Hetliies.state.tx.us/wllatsnew/elf inf6_forml295.htm for more E Pg. _ q q Contract No. 21-009 BRAZOS COUNTY, TEXAS Page 2 of 9 Pages information. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. CONTRACT OBLIGATION Brazos County Commissioners Court must award the Contract and Brazos County Judge, or other person authorized by Brazos County Commissioners Court must sign the Contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign Contracts for Brazos County. Binding Contracts shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this Contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non -response. HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, .death and/or property damage resulting directly or indirectly from Contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover Contractor's liability as may arise directly or indirectly from work performed under terms of this Contract. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the Contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods.at the point or points of delivery. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the Contractor's cost in providing the services anticipated by this Contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will be solicited from the incumbent Contractor in good standing for the group in which the new location is appropriately situated. Pg. BRAZOS COUNTY, TEXAS Contract No. 21-009 Page 3 of 9 Pages In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the Contract applies, all existing Contracts for services applicable to such location, the portion of this Contract that applies to such locations is terminated. All remaining portions of the Contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order. Contractor shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the Contract price and/or is otherwise incorrect, shall be corrected by the Contractor. Brazos County will only be required to pay for materials actually received and/or services actually provided. Brazos County shall not be required to pay for materials or services described in the Contract that are not used or provided by the Contractor in completion of the Contract. This term supersedes any contradicting terms throughout the Contract and/or any attachments. When multiple deliveries and/or services are required, the Contractor may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the Contract. Prior to any,and all payments made for goods and/or services provided under this Contract, the Contractor should provide their Taxpayer Identification Number or Social Security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. PRICING Prices for all goods and/or services shall be firm for the duration of this Contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the Contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the Contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this Contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall Contract, Brazos County's interpretation shall govern. In the event of a conflict between the Vol. Pg. r� BRAZOS COUNTY, TEXAS Contract No. 21-009 Page 4 of 9 Pages terms, conditions, provisions, and specifications of this Contract and any other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this Contract shall supersede. GOVERNING LAW AND VENUE This bid solicitation is governed by the Iaws of the State of Texas, specifically, the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with aII applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. Potential vendors are advised they may have. disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County CIerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. DISQUALIFICATION OF OFFEROR Upon signing this Contract, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. Requests to withdraw a submitted bid or proposal are subject to the approval of the Purchasing Agent. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and worlananship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this Contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. Eo:- 0&1 =Pg--� Contract No. 21-009 BRAZOS COUNTY, TEXAS Page 5 of 9 Pages TERMINATION Brazos County reserves the right to terminate the Contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the Contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M.. Best Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contractor is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1.000.000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. Waiver of subrogation is required. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent Contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies will be acceptable without prior approval by the Commissioners Court/Risk Management, (3) Automobile Public Liability -Insurance with a $1,000,000 Combined Single Limit, in all self- propelled vehicles used in connection with the Contract, whether owned, non -owned or hired. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County. LIIVIITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the Contract, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any Contract terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. Vol. Pg. 103 BRAZOS COUNTY, TEXAS Contract No. 21-009 Page 6 of 9 Pages COVERAGES/WAGES Nothing in this Contract shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or equipment. Nothing in the Contract shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself,. officers, employees, agents, and volunteers as a result of its execution of this Contract and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Contract. The parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 CONTRACTOR: Sales Contact Name: Phone Number: Billing Info: Blake Chunda 979-393-8062 2001 Theurer Blvd. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of fielding for the obligations contained herein for the term of the Contract and any extensions and renewals thereto. WAIVERS No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of tine same term or condition. ENTIRE CONTRACT This Contract represents the entire and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or Contracts, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. Vol. BRAZOS COUNTY, TEXAS Contract No. 21-009 Page 7 of 9 Pages AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this Contract and supporting dodumentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the Contract. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Contract and the Contractor or vendor agrees that the Contract can be terminated if the Contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code, AUDIT RESPONSIBILTY The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this Contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this Contract. INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said'Contractor under and by virtue of his Contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. Vol. pg. �� � Contract No.21-009 BRAZOS COUNTY, TEXAS Page 8 of 9 Pages HOUSE BILL 89 & DEBARMENT VERMICATION - 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://ww%v.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 littps://Nvx�nv.sain.gov. The undersigned affirins the non -debarment statement above, that they are duly authorized execute this Contract. The company representative below fiirther affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently: and 2. Will no boycott Israel during the term of the Contract. Pursuant to Section 2270.001, Texas Government Code: I. "Boycott Israel" means refusing to deal with, terminating business activities with, or othei-wise 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, Iimited 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: Fastenal Company Authorized Company Representative: Blake Chunda Address: 3313 W State Hwy 21 Bryan,TX 77803 Signature: IF"C"& t Date: 7/28/2020 Contract #: R192001 BRAZOS COUNTY, TEXAS Contract No. 21-009 Page 9 of 9 Pages CERTIFICATION OF BID The undersigned further affirms the non -debarment statement above, that they are duly authorized execute this Contract, that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. Signed By: 9" (?Iuatcz�& Title: Onsite Account Representative Typed Name: Blake Chunda Company Name: Fastenal Company Email Address: bcsgov@fastenal.com Phone No. 979-393-8062 Mailing Address: 3313 W State Hwy 21 Bryan TX 77803 P. O. Box or Street City State Zip Employer Identification Number: 1-41-0948415-5 Approved by Commissioners' Court on this /) day of 2020 by W (�� Holding the position of Vol. pg. %D FASIEAL4LO July 28, 2020 'rice Quotation CONFIDENTIAL - BRAZOS COUNTY Phone: SEE QUOTE / P.O. Fax: BRYAN, TX 77803 ATTN: SEE P.O. Account #: UETX0072 Quote #: 5164 Job #: Due Date: 08/20/2020 Expiration Date: 08/21/2020 PO #: Part # Customer Part # Description Otiantijy Price/C Extended Price 14593-00194 8-1/2x20x 1 MERV I ] P 16 $1,169.0000 $187.04 8-1/2x20xl MERV 11 Pleated Filter Wire Back High Capacity 14593-00195 8-1/2x3Oxl MERV 1 l P 12 $1,277.0000 $153.24 8-1/2x30xl MERV 11 Pleated Filter Wire Back High Capacity 14593-00196 8-1/2x48x1 MERV 11 P 16 $2,369.0000 $379.04 8-1/2x48x1 MERV 11 Pleated Filter Wire Back High Capacity 4300743 10x10xl Mll PltFltr 40 $671,0000 $268.40 14593-00197 1Oxl6xl MERV I Plea 52 $1,169,0000 $607.88 1 OxI6xI MERV 11 Pleated Filter Wire Back High Capacity 14593-00198 IOx36xl MERV 11 Plea 24 $1,365.0000 $327.60 10x36x 1 MERV 1 I Pleated Filter Wire Back High Capacity 4300748 12x12x1 Mil P1tFltr 16 $550.0000 $88.00 14593-00199 ]4x14xl MERV 11 Plea 4 $1,169.0000 $46.76 14x14x1 MERV 11 Pleated Filter Wire Back High Capacity 14593-00200 14-7/8xl7-3/8xl MERV 92 $1,277.0000 $1,174.84 14-7/8x17-3/8xI MERV I 1 Pleated Filter Wire Back High Capacity 4300764 16x16x1 M I I P1tFltr 8 $728.0000 $58.24 4JO0765 16x2Oxl M I I P1tFltr 140 $578.0000 $809.20 4300768 16x25xl MI I P1tFltr 4 $535.0000 $21.40 14593-00201 1609-1/4xl MERV 11 16x39-1/4x1 MERV 11 Pleated Filter Wire Back High Capacity 4 $2,051,0000 $82.04 4300770 18x18x1 Mll P1tFltr 64 $728.0000 $465.92 4300773 18x24x1 MI1 P1tFltr 8 $691.0000 $55.28 14593-00202 19x30x1 MERV 11 Plea 19x30x1 MERV I Pleated Filter Wire Back High Capacity 4 $1,760.0000 $70.40 4300776 20x20x1 M11 P1tFltr 72 $535.0000 $385.20 MSTENWICC'OMA4NI' Page 1 of3 Vo" `/_ � P9' OUOTERC/'OItT ® July 28, 2020 FASTBIL4L Price Quotation CONFIDENTIAL 13RAZOS COUNTY Phone: SEE QUOTE / P.O. Fax: BRYAN, TX 77803 ATTN: SEE P.O. Account #: UETX0072 Due Date: 08/20/2020 Quote #: 5164 Expiration Date: 08/21/2020 Job #: PO #: Part # Customer Part # Description Quantity . Price/C Extended Price 14593-00203 20x22xl MERV 11 Plea 8 $1,580.0000 $126.40 20x22xl MERV I 1 Pleated Filter Wire Back High Capacity 4300778 20x24x1 Ml l P1tFltr 8 $703.0000 $56 24 4300779 20x25xl M 11 P1tF1tr 156 $529.0000 $825.24 430078Q 20x3OxI Mil PltFltr 4 $840.0000 $33.60 14593-00204 21-1/2x21-1/2xl MERV 21-1/20-1-1/2x1 MERV 11 Pleated Filter Wire Back High Capacity 14593-00205 21 a/4x35-3/4xl MERV 21-3/4x35-3/4x1 MERV 11 Pleated Filter Wire Back High Capacity 20 4 $1,580.0000 $2,351.0000 $316.00 $94.04 4300783 24x24xl MI P1tF1tr 8 $765.0000 $6120 4300784 24x30xl MI PltFltr 4 $2,071,0000 $82.84 4300790 12x24x2 MI I P1tFltr 36 $623.0000 $214.28 4300791 14x20x2 M1 I P1tF1tr 20 $635.0000 $127.00 4300794 16x16x2 MI I PltFltr 16 $616.0000 $98.56 4300795 16x20x2 MI I P10tr 1,145 $474.0000 $5,427.30 4300797 16x25x2 MI 1 PltFltr 788 $617.0000 $4,861.96 4300803 20x2Ox2 MI I P1tFltr 496 $529.0000 $2,623.84 4300804 20x24x2 MI I Pltrltr 32 $696.0000 $222.72 4300805 20x25x2 MI 1 P1tFltr 492 $612.0000 $3,011.04 14593-00206 22-1/4x22-1/4x2 MERV 36 $2,351.0000 $846.36 22-1/4x22-1/4x2 MERV 11 Pleated Filter Wire Back High Capacity 4300807 24x24x2 MI 1 P1tFltr 76 $819.0000 $622.44 4300808 25x25x2 MI P1tF1tr 24 $1,045.0000 $250.80 14593-00207 28x34x2 MERV I 1 Plea 8 $6,668.0000 $533.44 28x34x2 MERV 11 Pleated Filter Wire Back High Capacity F4STENilLCOKP4Nl' Page 2of31V�' - P9. I QUOTEREPORT FASTBIL4L Price Quotation CONFIDENTIAL July 28, 2020 BRAZOS COUNTY Phone: COMMEM SEE QUOTE / P.O. tax: BRYAN, TX 77803 ATTN: SEE P.O. Account #: UETX0072 Due Date: 08/20/2020 Quote#: 5164 Expiration Date: 08/21/2020 Job #: PO #: Part # Customer Part # Description 011antity Price/C Extended Price 4300810 16x20x4 HCM IIP1tFltr 32 $1,026.0000 $328.32 4300811 16x25x4 HCM I l P1tF]ti• 104 $1,158.0000 $1,204.32 4300814 20x24x4 Pltd FItr 80 $1,345.0000 $1,076.00 20x24x4 MERV l l Pleated Filter Wire Back High Capacity 4300815 20x25x4 HCM 1 I P1tF1tr 192 $1,168.0000 �$2,242.56 4300816 24x24x4 HCMI I P1tFItr� 16 $1,447.0000 _ $231.52 Thank you, FASTENAL 3313 W State Highway 21 BRYAN, TX 77803 Phone: Fax: E-mail: TX431 I@stores.fastenal.com USD Total: $30,708.50 *Shipping & Handling charges are subject to change. FASTS-ILCOAVIPANl' UOTEREPOR7' Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 3614290 FAX (979) 361.4293 July 6, 2022 G & L Wastewater P.O. Box 2393 Brenham, TX 77834 Re. Renewal of Contract #23-01OR for Grit Trap Pumping for Brazos County. Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Grit Trap Pumping 23-01OR, prevlotrsly known as 22-012R, 20-13SR & 19-017. All terms, conditions, and pricing shall remain the same. This renewal term will be. for one year from October 1, 2022 to 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 or fax to (979) 361-4293. Please then submit an updated Certificate of Insurance by email or mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I maybe reached at(979) 3614492. Contact Name: G&L W AVAST R j 6� Authorized Signature BRAZOS COUNT Duane Peters, County Judge Title; (/" � L//�_�/ Vol. Pg. i 11 -7'--1I-2,o2z— Date 6-9-aoa0, Date #23-01OR GRIT TRAP PUMPING Previously: #22-012R, 20-135R October 1, 2022 - September 30, 2023 G&L Wastewater LLC, Cost per Gallon Location pumped Exposition Center - 750 $0.75 Gallon Tank Exposition Center - 500 $0.75 Gallon Tank Fleet Services - 2000 Gallon $0.75 Tank Juvenile Detention Center- $0.75 500 Gallon Tank How many days will service be done after request for 2 days service? 3rd of 3 Renewals: G&L Wastewater, LLC Ap r ved by Co mis loner's Court on holding ( .?{- 'N this II day of A u (-' S t 2022 by the position of VUu Pr—( JuP0C— AMENDMENT 02 —!GRIT TRAP PUMPING THIS AMENDMENT TO 22-1.09 also known as 22-012R Orit Trap Pumping ("Amendment') is entered into -and effectiye this "2nd day of August, .2622 ("Effective Date") between Brazos County - :("Customer', and G&L Wastewater("Provider") each of which may alternatively. be 'referred to herein as a `harry' -and collectively us the "Parties". All capitalized terms in -this Amendment shall have the same meaning as in the Agreement (as defined below) unless otherwise stated herein. ::. RECITALS WfIEREAS, the Parties entered into that certain .original " contract # =22-012R ("Agreement") for .:purposes of G&L.Wastewater to provide of the-smice for grit trap pumping for Brazos County; and - WHEREAS, the Parties desire to.amend the pricing as set-forth-in.original contract # 19-017. AGR-EEMENT NOW THEREFORE, "in consideration of the ,above premises, and omcr good •and valuable consideration, the receipt and sufficiency of which are -hereby acknowledged, the Parties:hereto agree to.amend the Agreement as follows:: 1. ,Adding a 500-galfon tank that is located at Brazos County 1. Juvenile Detention to the bid :tabulation for S.75 cost per gallon.pump,, a copy of which is attached hereto and -incorporated herein. 2. The renewal for the contract shall be "set firtli in amended tabulation ,for 22-012R Grit Trap Pumping, a -copy of which is attached hereto and incorporated herein. 3. ".:Conflict/No Other Modification. In the event of a conflict between the terms of this Amendmenfand the terms of the Agreement, this Amendment' shall control. -All other terms of the Agreement shall.., remain unchanged and .in full force and effect.' `• IN -WITNESS -WHEREOF, the parties-hereta`have caused this Amendment to be signed by their ;authorized representatives. as of the Effective Date. This Amendment may be executed in counterparts, all of . which.taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of execution of this Amendment and shall be binding on all Parties hereto. BRAZOS COUNTY 4 G&LW Eby TER SYxw.ture < : Segrr • «r .•Nan - . - �` ' - �• � �''�-.....� O r�T`l �lA l�roG Name Dale Date' E GRIT TRAP PUMPING CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S. Texas Ave., Ste. 352 1Q Request No. 19-017 Bryan, Texas 77803 Page 1 of 9 Pages Telephone (979) 3614294 GENERAL REQUIREMENT FOR CONTRACT I, A6+Q �,-M Carl r..a as a duly authorized representative of G, L Q-�wakr &cv "Contractor" willingly attest to perform (or deliver) as per Exhibit A for Brazos County. L.L-C. I further agree to all of the provisions and specifications contained in this contract. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. The County reserves the right to accept or reject in part or in whole, any IQs submitted, and to waive any technicalities for the best interest of the County. BIDDERS RESPONSIBILITY It is the Bidder's sole responsibility to print and review ail pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification number and signed by an authorized representative of the firm. Failure to provide signature on the Certification of Bid Form renders bid non -responsive. Failure to complete the submission of all required forms, including but not limited to the Reference Page, House Bill 89 & Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms); and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the bidder agrees to comply with HB 1295, Government Code 2252.908. Bidder agrees to provide Brazos County the Certificate of Interested Parties, Form 1295 as required, pending award, renewal, amended or extended contract. Visit https://ethics.state.tx.us/whatsnekv/elf_info form1295.htm for more information. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. • _ Contract No.19-017 BRAZOS COUNTY, TEXAS - Page 2 of 9 Pages CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign contracts for Brazos County. Binding contracts shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non -response. HOLD HARMLESS AGREEMENT � Contractor/successful offeror shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from Contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover Contractor's liability as may arise directly or indirectly from work performed under terms of this contract. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING ' Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. ADDITION/170DIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the Contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the contract, a quotation will be solicited from the incumbent Contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts for services applicable to such location, the portion of T: .:+ - Contract No.19-017 BRAZOS COUNTY, TEXAS--...-. - Page 3 of 9 Pages = this contract that applies to such locations is tetrninated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order. Contractor shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor. When multiple deliveries and/or services are required, the Contractor may invoice following each delivery or performance of service, Brazos County will pay by invoice with -in thirty (30) days upon receipt of.invoiee. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The'Contractor will provide an invoice for each month in which Brazos -County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the Contractor should provide their Taxpayer Identification Number or Social Security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pri ci ngfDeli very Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the Contractor and included in the bid prices. if there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code ys151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the term's and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall contract, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this contract and any other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this contract shall supersede. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing Act, Texas Local Government Code, §262.021 et seg., as- amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these E �� 9 Pg. // : Contract No,19-017 BRAZOS COUNTY, TEXAS'..:' .` : " ' Page 4 of 9 Pages requirements shall be fully. governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. Potential vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of S250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. DISQUALIFICATION OF OFFEROR Upon signing this contract, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code 515.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. if multiple bids are submitted by an offeror and after the bids are opened, if one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a Contractor from submitting multiple bids for different products or services. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship) Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to; failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and' all services required to Brazos County's satisfaction and/or to meet all other obligations and :..... ..... - . Contract No. 19-017 BRAZOS COG~TY, TE..XAS-'-::= " _ Page 5 of 9 Pages requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'SINSURANCE The Contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contractor is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of S 1,000.000. In the event' any work is sublet, -the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a S 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Management. (3) Automobile Public Liability Insurance with a $500,000 Combined Single Limit, in all self- propelled vehicles used in connection with the contract, whether owned, non -owned or hired. Waiver of subrogation is required. The Certificate of insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 daysprior written notice has been given to Brazos County. LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the contract, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any contract terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGESA VAGES Nothing in this contract shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability; death, - and- dismemberment insurance for the Contractor's employees and/or E .3/� Pg Contract No.19-017 BRAZOS COUNTY, TEXAS ' Page b of 9 Pages - equipment. Nothing in the contract shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this contract and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this contract. The parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 CONTRACTOR - 3�. ASSIGNABILITY This contract may not be assigned without the prior written permission of Brazos County. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions thereto. WAIVERS No waiver by either party hereto of any term or condition of this contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. Vol. _30 Pg. —�. Contract No.19-017 BRAZOS COUNTY, TEXAS' _ Page 7 of 9 Pages ENTIRE CO\'TRACT This contract represents the entire and integrated agreement between Brazos County and the Contractor and supersedes all prior• negotiations, representations, or contracts, either written or oral. This contract may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract, AUDIT RESPONSIBILTY The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract, INDEININIFICATION The Contractor shall defend, indemnify and save harmless.Brazos.County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. :......... Contract No.19-017 BRAZOS COUNTY, TEXAS ' = Page 8 or 9 Pages HOUSE BILL 89 & DEBARMENT VERIrICATION 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://wNvw.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, and 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: Authorized Company Representative: I f Q Q Date: � � r o` 0 � � Contract #: � i — a l% Vol. Pg. /�� BRAZOS COUNTY, TEXAS'-;;- ' Contract No.19-017 Page 9 of 9 Pages CERTIFICATION OF BID The undersigned further affirms the non -debarment statement above, that they are duly authorized execute this contract, that this bid has not been -prepared in collusion with any other vendor, and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. 117 A Signed By: Typed Name: Ani+o-, "JL- a cabs Title: OL —D\Nhor. Company Name: � _ Phone No - Email Address: C= 4 I �✓� ._1 ! • C-om _-_ Mailing Address:• P. 4. Box or StreetCity State Zip Employer Identification Number: � 0-7 z-4—b k Social Security Number: Ap ve by Commis ' ners' Court on this dad' o i,(. 7018 by olding the position of _ + U ----=• EXHIBIT "A" IQ 19-017 GRIT TRAP PUMPING Contract Term: October 1, 2018 — September 30, 2020 Fill out "Informal Quotes" form and hand deliver or mail to the Brazos Countv Purchasing Department, 200 South Texas Ave., Suite 352; Brvan, TX 77803 in a sealed envelope clearly marked "IQ 19-017, Grit Trap Pumping". include the signed Contract and a cope of the required insurance with the submission of quotes. The required insurance is listed in the attached Contract. Quotesmust be received by the Brazos Countv Purchasing Department prior to 2:00p.m., Tuesday, August 7, 2018 or they will not be considered. Brazos County will not accept any pricing if delivered via email or fax. Pricing proposals or IQ's delivered to any other person or department other than previously specified, will not be considered responsive. Brazos County is soliciting quotations for pumping of grit traps and disposal of the contents. Grit traps are to be pumped a minimum of four (4) times per year per contract period in addition to an "as needed" basis. To visually inspect the pump locations, please call Ernest Stutts at 979- 361-4460. All other tools implements, personnel, supervision, labor, supplies, equipment, vehicles, and all effort necessary to carry out the services as required for this operation will be provided by the successful bidder. Prices quoted shall be for a two (2) year period, with an option for renewal for three (3) additional one (1) year periods. A. SPECIFICATIONS 1. Locations of Grit Traps: a. Brazos County Exposition Complex: 14 Grit Traps being: Seven (7) traps that are 750 gallon capacity Seven (7) traps that are 500 gallon capacity b. Brazos County Fleet Services Building: 1 Grit Trap at 2000 gallon capacity 2. Department will schedule pump cleanings a minimum of four (4) times per year during contract period in addition to an "as needed" basis. 3. It is the vendor's responsibility to dispose of all pumped material in accordance with all state and local laws, rules and regulations. 4. Vendor is required to maintain current up to date licenses, permits and certifications in order to be in compliance with all state and local laws, rules and regulations. 5. Vendor will invoice the requesting department as well as provide a weight ticket at time of invoicing to ensure proper payment will be made by Brazos County 6. Vendor will quote price per gallon pumped in section provided below. 7. Vendor will specify how many day from date of request to date of cleaning service to the service to be completed. Exhibit A Vol. -3 (e % pg. Page 1 of 3 B. INSURANCE REQUIREMENTS 1. Successful bidder must provide evidence of required insurance prior to award. Full descriptions of insurance requirements are listed in the attached Contract. C. AWARD 1. The contract award shall be based on, but not necessarily limited to, the following factors: a) Cost b) Special needs and requirements of Brazos County c) Time needed to complete service d) Location of Contractor (distance that vehicles will travel for services) e) Contractor's past performance record with Brazos County 2. Although the cost of products to be provided is an essential part of the award, Brazos County is not obligated to award a contract on the sole basis of cost but will award to Contractor considered to be the best value to Brazos County. D. MISCELLANEOUS l . Contractor must sign and agree to all terms and conditions of Brazos County Service Contract attached or quote submission will not be valid. 2. Contractor must submit and post all questions regarding this solicitation on the Brazos Valley Online Bidding System located at www.brazosbid.cstx.gov. Any questions received via email or phone call will not be answered. E. - QUOTES 1. Fill out section below and hand deliver or mail to the Brazos County Purchasing Department, 200 South Texas Ave., Suite 352; Bryan, TX 77803 in a sealed envelope clearly marked "1Q 19-017, Grit Trap Pumping". Include the signed Contract and a copy of the required insurance with the submission of quotes. The required Insurance is listed in the attached Contract. Quotes must be received by the Brazos County Purchasing Department prior to 2:00p.m., Tuesday, August 7, 2018 or they will not be considered. Brazos County will not accept any pricing if delivered via email or fax. Pricing proposals or IQ's delivered to any other person or department other than previously specified, will not be considered responsive. Exhibit A Page 2 of 3 Vol. �q _ pg. Cost/Gallon Location Quantity Gaston/Tank Pumped Exposition Center 5827 Leonard Road 7 750 �Y)� 5 Exposition Center 5827 Leonard Road 7 500 4�' lJ Fleet Sen ices Facility 1601 Louis St 1 2000 , How many days will service be done after request for service: Days? Contact info for service reVests: Name: O� �m)_ `Ucw o 7:��C_Oto Phone #: -'I �317 - 9 .C, -- a5 l ea 2 __ The undersigned affirms that they are duly authorized to execute this contract, that this bid has _not "6eea•prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Furthermore, the bidder affirms that they are milling and capable of performing the services entailed in this bid or providing the goods described in this bid, and agrees to do so for the term of this contract. The bidder also agrees to all of the terms and a condition contained in this document and agrees to be held to them for the term of this contract. Name of Company: " . C Tax ID #: 4o — 2 0-74Lkc Address: T, -60X Email: _��V S Telephone #: v �' v Ka 9 Printed Name: Signature of A LLL- Exhibit A Page 3 of 3 VOL � • CGS AND P)KL - LETS 34 THIS! AMENR ' WINTA, W 'I" OL WK SWngg,. an&PpUeo. Ottlty 1s'.thteMd'.ihtOj. ifiid '01, 202(-_T.,ffedtiVe ri4tq-.) �y� �AnOd- I "A. , AndBrazos e.e. Mokg6 'Redding, of Tex' C161wty, `Cc �,roVidbil)i�dch..bf*hicl�-may.;d(qm I -,:r�tQjtd4'tb jjeitj� n.as a qq;voy �e ghalFhave and collectiyelr.as es', All ep ,pitalized jqm& is MJhk,6&hdmbhi th meaning as tin y1ifil6k."ith . - me ffid.h the A f SAO Orwige stated -herein; ,grepmaipt (e[s defind'd �614,w. T); RE-O'I.TAIS 'WHE 9,,&P, dgentered into�thit--cert4iil'Or 9,1041-.CiYaliWdt#22�-024-.-('5�Ag-reemeni'l-..for-p -pgog- OfQuteli Horse, Beddin qp f the. service foir��t?ji shavings Brazos V ide County;44a pellets f6r WHET EASthe Parties dedimfg-amend the7ofidifig As tot forth -in •original;qqpftgqft.:Qj3 G ,NOW 7HEkEFQU, in: goot' .446 above premises, aO4, Otlfqr good ifta valuable e &g1ifficiency Of-O' tch at Of fthd q hereby Ack4;W!Odg.4, the -Patties hereto -agree to. g follows: Agteeinent as L The-, fee. and smsqftht tfib. - 0010adt 9611 increase 30 sccni per bag dts'T-he P.90twt shall b �,'sdt forth 'in amen tqWAq.Oq. -kind d.* .2_2_OZ4j� ffell Stall Shavings and ejjqt%r 4 copy of Which,is atfa6hed kqrqtq fiOMn. 21. ConflieWo, Other'ModfikAeWns. JAA-6: bvjDfft of aconfl ' =&th lei Wween the terms of WikAmendmenf - 0 Oeims.df the Agreemetit this .Amendment :shall coutiol. All :other terms of #is,.AgreeMeot. -shall-remain unchanged 'k nand, e JNWITNESS WHEREOF, --the p Y"idsb&dtO1aV6 caused this.AmendmentW W signed 6d► their, Adthorized-regooent4tivd$ W,,cif file EffecfiveDhte. lbi$Amekdipqnt)'Pay�beexecuted incb-unterpaos,-41t.of together sbalkon§ONter.qqqjqst# m mile sJign#= u gpt? ElObfipmd br.facsi 'execution of thiaAn�einiit acceptableformsof Andghill-be-bindingqA.,gl iaS� t1D 1,P hto, ". - ZRAZ019-OOPM �r" b Ca e7 " 9 1 'q I OWENOOkSh BEDDING OF TEXAS I 7j" j ". R."I'MM W4.1141 TM a F/I vi F11 FUM, Title Date, Vol. P9.La0 _j Bid Tabulation 22.024R Previously 21.061R and 20.073 Stall Shaving and Pellets Amendment #1 December 16.2021- December 15.2022 .. _.. f .. Agri -Wood Products A S B Livestock Su i y .;Queen Horse"t3e'dd- Item# Product ;. ° ,: ,1.3f r Shavings Item Name: Warehouse Blend = �. Easy Sift-, Item # NA Delivered Price/Bag $3,92 Approx. lbstbag 20 lbs + �,<<;33 ;ia 1 # of ba s/ allet 45 No Bid # of ailets/truck 26 26 p Compressed Volume cubic ft 3,5 2.25 a=15: Expanded or loose volume cubic ft 6..5.1.5 r—IMoisture is guaranteed to be less than: 15% 12°l0;` ' p,r=« s It": T, Pellets Item Name: Stall Pellets Pelleted Shavings `3 Pine Beddin" Pellet ` Item # Delivered Price/Bag S435 Approx. lbs/ba 40 40- # of bags/pallet 50 50 2 # of palletshruck 24 22' ' No Bid Compressed Volume cubic ft -4 G{ Expanded Ex anded or loose volume cubic ft t nla ' Moisture is guaranteed to be less than: Pellet Size (Diameter)rom - Zmm 3 Orders placed by Brazos County will be acknoledged, in writing, within hrs. 24 4 « = 3 ' 4 After receipt of order, number of days required to delivery sail not exceed calendar days. 2 10��`+7 t f,_� 3 :��� : s , Emergency orders can be rushed and delivered by — number of calendar days. (Please note this might include weekends and holidays) k; N Pallets Good used 40' X 4W pallets need to be Vendor can arrange to have pallets Will pickup .. collected and ac cummulated until a min. of 250 pallets are available for pickup. picked up/removed. Please give 4 days notice. We vAl schedule pick up at this point. $; Notes "' Disquatirted due to no price given in bid. 0 Recommendation: Queen Horse Bedding Approved by Commissioner's Court on this day of ALA a `°-Tr 2022 by holding the position of Ou t3" TZLOrDE Vol. Pg. / �7 e REQUEST FOR BID BID NO.20-073 STALL SHAVINGS AND PELLETS SEALED PROPOSALS TO BE SUBMITTED BEFORE: December 5, 2019, 2:00pm CST TO THE: BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 Phone: (979) 361-4290 Fag: (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 proposer having examined the solicitation and specifications and being familiar with the conditions to be met, hereby submits the following Bid for famishing 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: MailingAddrewpo .. Telephone:o���- c?Fax: E ,_.,4-4- Pg. E-mail:Ofdp1S'tYX4S@, t (� c _CA Page 2 BID NO.20-073 Bids will be received at the Brazos County Administration Building, Purchasing Department, 200 South Texas Ave Suite 352, Bryan, Texas prior to 2:00 p.m., December 5; 2019, 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 16, 2019 through December 15, 2020 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 the 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 to and received by the Purchasing Department. 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. Page 3 BID NO.20-073 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. Contractors with questions regarding the bid should submit them in writing via the Brazos Valley Online eMarketplace at hops://brazosbid.ionwave.net. 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 Courity 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 Comity, d. Results of testing samples (if required by Brazos County) e. Delivery &.Lead Times 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. Tide and risk of Ioss 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. Page 4 BID NO.20-073 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. 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 bidding in future solicitations. 17. Bids caruiot 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 not received prior to' 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 frill 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 FIB 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. Page 5 B I D NO. 20-073 Visit https://ethics.state.tx.us/whatsnew/elf info forml295.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 eMarketplace (MM�Iy.brazosbiddonwave.net) 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. 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 or quantity 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. Page 6 BID NO.20-073 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. Brazos County will only be required to pay for materials actually received and/or services actually provided. Brazos County shall not be required to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and/or any attachments. 32. 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. 33. 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. 34. 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. 35. UnIess 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. 36. This bid shall be governed by the laws of the State of Texas and 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 E . 15Pg. 33 Page 7 BID NO. 20-073 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. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 37. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. 38. Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions and renewals thereto. C. SPECIAL PROVISIONS 1. All deliveries are to be made F.O.B. Brazos County Exposition Complex, between the hours of 8:00 A.M. and 3:00 P.M. Monday through Friday, unless otherwise requested by the County. a. If specified when ordered, delivery must be received within 48 hours of order notification at no additional cost. In the case of a rare emergency, if specified when ordered, delivery must be received within 24 hours of order notification at no additional cost. Delivery must be scheduled and received between 8 am and 3 pm, Monday thru Friday. 2. Vendor will be required to notify the Brazos County Exposition Complex 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 one (1) hour 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 Exposition Complex when requested and remain on the job with truck and operator as long as necessary to unload products. 4. Brazos County reserves the right to test any materials delivered for compliance with specifications. The Bidder will remove immediately from the job site any materials that are deemed unsatisfactory. 5. Material Safety Data Sheets and Placards must be furnished at the time of delivery as specified by State and Federal Regulations (IF APPLICABLE). Bags that are busted, broken or torn in transit will be credited to Brazos County's account. Documentation of bags will be provided to vendor for the credit. Page 8 BID NTO.20-073 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, $500,000 each occurrence with Brazos County named as an additional, insured and, waiver of subrogation. c. Commercial Automotive Liability with $500,000 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 Iiabilities 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. VOL pg. 's Page 9 BID NO.20-073 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: Contact: Phone: R),.—I q U t Email: Company/Entity: . Contact: Phone: 3 a S- 3 31R — 1 ISO Company/Entity: Ai_"j Contact: L oQo ca- T_t' rri S Phone: 4o-5. a% T-s:sc 'g�11 ter Ilea ,406 - Solo . set 6 ajj e'r' OK 5�ak 4 T.. COm Vol.�, Pg. ��� Page 10 BID NO.20-073 F. SPECIFICATIONS 1. Yellow Pine Shavings a. Must be packaged in secure plastic bags that are easy to handle and stack. Plastic bags must be a minimum of 2.5 Mils in thickness and sealed to consistently prevent the bags from splitting at the seams or tearing within the body of the bag. b. Bags must contain at a minimum, 5 cubic feet of expanded (loose) yellow pine shavings that are ultra -compressed to a volume of 2.6-3.5 cubic feet of volume. Weight of complete bags must be a minimum of 20 pounds. c. Shavings to be medium in size or a mixture of small, medium, and large shavings that gives the final product the appeaiance of a mostly medium sized product. d. Shavings must be free of dirt, bark, and other miscellaneous foreign debris. e. All shavings quoted must be kiln dried. f. Sample: One full bag of shavings must be provided for evaluation with quote. Dimension(s) of bagged product(s) must be provided in the quote. Samples are to be submitted to Brazos County at the vendor's expense. Failure to submit the requested sample may disqualify bid. Brazos County will make the final determination on whether or not the specifications of each bag will meet Brazos County's need and requirements. g. Must be shipped via truck load lot with bags on pallets, approximately 24-26 pallets per truck load, and approximately 45 bags per pallet with each pallet stretch/shrink wrapped. Some deviation in the number of pallets and/or the number of bags per pallet may be considered. Empty pallets will be placed on returning truck with no additional charge required. h. Quote submitted, inclusive of shipping costs, must be price per bag and the price per cubic foot based on a truck load lot as documented in specification number g. above. 2. Stall Pellets a. Must be packaged in secure plastic bags that are easy to handle and stack. Plastic bags must be a minimum of 3.5 Mils in thickness and sealed to consistently prevent the bags from splitting at the seams or tearing within the body of the bag. Vol. pg. /37 Page 11 BID i�TO. 20-073 b. Weight of complete bags must be a minimum of 40 pounds. c. Pellets must be made from yellow pine. d. No other material shall be included in the composition of pellets. e. Pellets must be free of dirt, bark, and other miscellaneous foreign debris. f. All pellets quoted must be kiln dried. g. Sample: One full bag of pellets must be provided for evaluation with quote. Dimension(s) of bagged product(s) must be provided in the quote. Samples are to be submitted to Brazos County at the vendor's expense. Failure to submit the requested sample may disqualify bid. Brazos County will make the final determination on whether or not the specifications of each bag will meet Brazos County's needs and requirements. h. Must be shipped via truck load lot with bags on pallets, approximately 24-26 pallets per truck load and approximately 30 bags per pallet with each pallet stretch/shrink wrapped. Some deviation in the number of pallets and/or the number of bags per pallet may be considered. Empty pallets will be placed on returning truck with no additional charge required. i. Quote submitted, inclusive of shipping costs, must be price per bag based on a truck load lot as documented in specification number h. above. vex. P9. 13W Page 12 BID NO.20-073 G. QUOTATIONS 1. Shavings Item Name: �4!5s 4 Approx. lbs./bag: 33 Item Number: # of bags/pallet: 4Z Delivered Price per Bag: # of pallets/truck: a (0 Compressed volume: cubic ft Expanded or loose volume: S. 15 cubic ft Moisture is guaranteed to be less than 101 1% 2. Pellets Item Name: Item Number: • - - 1 :,40 i • ' +,�� # of bags/pallet: 60 Delivered Price per Bag: 3 . (ps" # of pallets/truck: dal Compressed volume: o'sewbic* Expanded or loose volume: cubic ft Moisture is guaranteed to be less than q % Pellet Size: (g mn, —'I ft,&% (Diameter) 3. Orders placed by Brazos County will be acknowledged, in writing, within 3 hours. 4. After receipt of order, number of days required to delivery shall not exceed_ calendar days. 5. Emergency orders can be rushed and delivered by of number of calendar days. (Please note this might include weekends and holidays.) `t1 pg. Page I') BID NO.20-073 6. Pallets Pallets will be returned to the awarded vendor, when empty, on a trailer used to deliver shavings or pellets. Other arrangements can be made as long as there is no cost to Brazos County. Please describe other arrangements of returning empty pallets if not on returning delivery trucks: 0 P9. Vol ��O Page 14 BID NO.20-073 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 "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: Authorized Company Representative: Address: ��d• ,X �9 �`� Signature: Date: L 9 Contract #: Vol. pg . J Page 15 BID NO.20-073 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: tl f L! Adanagge Company Name: Phone: CID 3 - Ides-.2 &5--4 Mailing Address: {7D . &py J nT-4 Email Address: Vendor Tax Identification Number. 83 - cala 4043" r END OF BID REQUEST NO.20-073 By signing below, Brazos County agrees that this bid, 20-073, Stall Shavings and Pellets, will be awarded as dictated on the associated bid tabulation sheet, to the vendor whose name appears above and both parties agree to terms and conditions contained herein. LE Brazos County Commissioner's Court: Date: Attest: Brazos County Clerk: gal. �� Pg. pg, 1�3 'LADIE$11k$PIRED FOR EXCELLENCE RESIDENTIAL PROGRAM Residential Services T 1s.0ritered into. i_,u nt.by,,and.beWedn.Brqzo CountyJuvenil r.eW-of and an behalf of the Is Aareeme 66 vely referred to as "JuVihIle'-.ftd69tibh ty juvehile Probatloh the Ciiii6eiri Yn Ir6d F t-9xcdIlehce 16tvidi ontio Proirad 6664y refqr�d 16: uvenife Justice DepaftenULAdii Resid ov doe Ove M taleni Pt i I -a g -m an.`166416--piovide -child care services by. the_ T. xad-J66, !1a.--jusffc;e.D0a int,04 e red For -Excollince'Risri�d'oz'h'-fi-id'-'Pm ram has been duly �ceiffied as 61640g­ suitable for III d risp! g I he treatment an -residential cam children. ran. ARTICLE I PURPOSE A -The..purpose of this Residential, is to 0ovr ithe Ora Os -County iuvenile Pbbati0h Department with residential care services alleged or adju icilbd 6`fiave committed delinquent conduc t orconduct !on The'placement facili ..utillied i's O'W-W And operated by'Service indicating f M a need Of supervision: J 6 be pW ' s Provider and Is 166ated,it 23i0r-W.'11IghYiay7!, tan Benito, the -$er*e Providii is P.O. Box-4 .6.8 fill0exas *86. 16 M0:09_ ARTICLE 11 TERM 101 The term of this Agreement ls.,fdedp6.dod'oftwenty-four(24)monthsicomrhopeingSoptember-l-,2022a6d:6ndin August31, 2624, 1uifi'6hIn9t16rt-.-sh affect ( diminish the r payment of any shall. not 0 . placing County.,0,repponsiblifty fo amounts due and owing-4 be.if6,of the. terrhinition of the contract. ''After receiptof Notice of Termination, :the placing Coon shall remove -all termination date. a child' I d In the facility efbi thele'""Wh County ran p!aoe y an or. re 1,02 The terms -ofthis A .greeftht shall.- be'Wended .until such- tima as all simces'which have been requested 4'y -#�e rato's ount' 'Debaftent and. are pefiding,oh the termination date In section 2.01'abovo;_ Brazes County Jilift i6itl6n :have beon pe*#'qr'med".:tiild'iiihl$-a6ro, the Braias County Juvenile Pr6ation �0,epgrtment.Wy refer female . Went 'Juvenile's in need of decurd.r6sidential"placemen't for a period .of one `hundred 54 (150) successful days to the Ladies inspired For, . Excellefice,-ResidenlIal P" . : rogrom. ARTICLE III SERVICES .1'01. Service -,,Provider will pr0do the a0pi6priate levels of.service as'defined below:. A.. Moderate Level 1. Involvementin ageiqppFQprI4te structured activities and education and rehabilitation services and supervision :and guldancethat Is m &6- than routine in order to ensure the child's- phyiical and''emotional safety. Intervention from. clinical, professionals and -appropriately #aInedicerfified paraprofessiodws it designed lo' maintain or Improve ftifictiorilng appropriate to the child's needs, age, anddevelopment. ' lopment. 'A. 2. Services reflect a range..af treatment and rehabilitative interventions, including Individual and family'therapy, :. . a; ongoing assessment, .skills building, psychoeducational programming, individualized educational services, -„ and soda) and recreational activities. Treatrnenf is. tiled wind ividualassessment and is responsive. -to documented needs. May, include focus on specialized populations, not limited to mental health, substance Liss, or sexaa! behavior treatment. 4. AAppropriato youth include those who display one of more of the1ollowing: occosional physical aggression; ...._.. frequent nonviolent misbehavior; minor self injurious ads; andlor_moderfoe risk of. 86 to self or others., Youth.requiring substance abuse treatment are those at risk of developing substantial problems,'vuithout. _ intervention or those with a history of substance abuse disorder requiring aercaie and relapse -prevention. s Youth requiring sexual beheviur treatment include those with.moerate treatment needs. B.:Speciatized level 1. Includes involvement in:age-appropriate.structured activities and'education;and rehabilitation services. 'and supervision and• guldancethat is hlghly structured and that provides.twenty tour,(24) hour monitoring in to ensure the child's physical 'pnd . emotional safety. Intervention from'pro' e' ssionals and appropriately ` 'trainedicertifed paraprofessionals is designed to attain or improve functioning appropriate to the child's needs, age, and development. - 2. Services reflect a #up r : e..of treatment and rehabilitative interventioa_is, includin individual and famk mlg, ,... 9 ly _ therapy, ongoing assessment; skills 'building, psychoeducational programming, Individualized educational services, and soc'sal aritl feaeatiohal activities.. 3. -Treatment is -based on .individual. assessment and is 'responsive to documented :needs: Focus includes .specialized populations, .660imited to mental health, substance .use, or sexual behavior treatment: Includes services for multiple or complex needs. 3.02 Service Provider will perform -the following services:: A. Service Provider agrees to provide a space, if available, at the time Juvenile Probation is requesting the space. B. Provide twenty four'-(24). hour per ;day, seven days a week room and board, to include all meals with basic -residential services, Cnciuding:_ startd'ard supervision by qualif ed and certified adults, snacks, recreation facilities, haircuts; transportation: exas:'tzd nation Agency approved educational, progiiMming, school supplies, room (rent, utilities, �niairitet anca�, telephon®) and. miscellaneous, as ordered by Juv 'il Probation. C. Provide and do urnent paraprofesslonal counseling, off�campus visits or furloughs, major Incidents and worker'. contacts. Any and all exists associated vdih off -campus visits or furloughs will be paid b ' the parentnegal guardian .or custodian. D. -Ensure that the child's:parani(s)lguardfan(s)lcustodion(s) and Juvenile Probation, and specifically the Juyenile Probation Officer tJPQ) are notified No child in placement makes an •unauthoiedaemeesyru -_ill, or ;is .involved in a sedcus accident. The JPO and parentilegal guardfari or custodian �wtil be informed Immediately if during working hours. - After normal working hours, the Juvenile Detention Center or the on -call emergency contact will be' notified',as well as -the parentillegal guardian or custodian. In the event of serious illness or accident and for any required follow-up care Service Provider.shall be responsible for having the child transported to the nearest hospital or emergency care facility. �Y,• r . Vol. �� �( pg. �� E. '1Nh®p repuested.by the Brazos County Juvenile Probation Department, bo Service'Provider shall make the' r ` .child available for yislletion aMlor conference calls -In order to.conduct a Case Plan and subsequent monthly ;. updates is needed► service Provider shall participate by providing informaiigrl regarding progress or lack of in ' services provided:and displayed behaviors. :« : F. -Pmvlde the JPO with:a w ttell'r®port of the.chitd's progress on a ,monthly basis fn a Monthly Progress Report, I Document. and maintain records, of'all goods and services provided to contracted children. 'hese'records shalt :. . „ tontain,.but-are not Ilntlied to: hours`oiservice provided, number of children Served, average length of stay per ... . 'client, total hours of counseling 'or. treatment. provided. These tecord6 shall tie made available to .Juvenile Probation for pedodiicJns i4c'U- on ,; A. Maintain copies of 'the on in6f indiv(duali ed Program Plan and the-perlodic reviews. L Any and all medicallpsychistric tr,'eetment required'to meet the deeds of .the Child,, as well as clothing, -or other,-... ; 4 expenses not provl�ied for in °Service Provider's program, shall sole responsibility of said child's : - ' �be'the parent(s)fguardiari�s)lcustpd(an(sj orcourtordered appointed conservator, to.6e paid by either personal payment, 'health insurance, or Medlcaid.,coverage, However, in no• case shall `child be denied any needed , medical/psychialdc treatment,or dfothirig due to the inability to pay., ARTICLE IV EVALUATION CRITERIA AQ1 The performance of.Service provl_.der.,in achieVing the goals of Juvenile Probation vAJ evaluated on the bails of the output and outcome measures eantained in this section. Juvenile Probation;.at its discretion'.mayuee other meansbr additional measures to.evaluMp the performance of Service Provider iri,fulfilling the terms and conditions of the Agreement. A. _Juvenile Probation shall evaluate Service Providerby the f411 vuing output. measures (in actual addidonaily numbefs.of units'ofservi 'and activities): 1; The total number'o1F children placed In residential placement: " :2. The total number.of•children who were'discharged from residential plaeelnent;successfully, 3. The total number of reqeferrals of children placed by Cameron County within six (6)months after release. .4.02 Juvenile probatiori-may-repuest output measures report from $ervice'Provideras needed. Service Providershall submit the requested:report'vilthin1b days of request._ :ARTICLE V COMPENSATION . 5.01. For and:lmcons(deration Of the above -mentioned services, Juvenile -Probation agrees to pay Service :Provider.not,. more than the per diem: rates based, Upon the Level of'Care provided, tn,aceordance with schedule of rates set.by the Texas Health and Human Services Commission as currently effective or subsequently amended.. 6,02 The above fee will be. paid;only for those children specifically auihorlzed to be placed by. -juvenile Probation thiough .Its fiscal or designated ;oMclal. in no uvsnt will the per diem rate excee l that specified, for the -Level of'Core provided. For services rendered,;ufider this agreement, Juvenile probation shall pay the sum* One Hun6.ed Seventy-ive T ... Dollars (g1 75.00) peri day pet child ror Moderate Care or Two Hundred Dollars (000.00), for Specialized Care • v 5' Vol. P Da / s .r. for eachjuvenild for each day juvonllosjs placed At the facility, hprge; will.Includ.01he day ofadmillance, regardless .of thahourof idmittaho:' plus 'the 'number of days until released, including the 40yofteleape fegaidlegsofthe hd6r. It -is grid.jr.stoo.d that thi Level of Qii!i provided by Service Provider will, bb.reduc6d to a lower Level of :Care as soon 9,such reduction It 1. dme'd pradqal, by Service Provider, based. upon improvements in 0I s 'affitudi and behavior. ,Service provider has an affirmAM -and/or Its rap%esenta6ai'rhay'.�*" � ! qny:tlr of Oervici provider to detbirmI664 0 needs. If Juvenile ProbA6fi*6W1;61 11,01 -SiMco provider shall lower 866h, 1he amount paid -and the, amount' at date the childil6vil ihoodi ;was not.procticall, if a child , shlotslih , -.not move to lower 16vdi, extapt'.W successfu lly the . ..... . -; e prC ,boopOrOo In these efforts,. '6.03 Medical! :In additibri-1o. the rate,i6k Popartment,pgreesjq bo'roio6niibli -Excellence Residenfld(..,R-Mgrifii �d' hospitalizations In the event I . , P child's ;Residential Frogram,sh'11 tie" aI alneed o medic. rmedical condition req to lower the level of.Qaro 00)t Is pradlidalto doso, Juvenile. Pmb4UOn hake such Inspo6tion-of and In r JeMevv both the child a d'emplovoes slid isita'L�.v,e16fCar'enso'eso"l' t -"m'iiii.�echlicri.trea'bne'qntgn.dservido s*lhat the-OpprOpOsto LovOfof Qate ft00,49 or should. have been lower, Service Providers all ternit to uveriile Probation tOo dilleronce "M )uld have been paid, I the child ;had, been placed at tho.apptopriate levi' been lowered, unless 8046 , 0,rdVidercan 'show why such i step down. cifs, a program where he hii. fiiio,ed 16ir i• iijolmorn of tO days and does . kii 6 piesumqd that child was not who enter at Moderato Level, it will At the m as set forth in thQ program '06aWr6si Service Provider shall fully upon between the two (2).paidles, Brazos. County-JuverilleProbation". .payment of medical care to the 160iiilei placed, at the Ladles Iiispired'Por to pay for emergency ex9ml6h, Vohs, ji�eqtmonts, * medications and/or nfir cover, 6 dical Insurance does not cover, Ladies6osi. The Inspired -For Excellence)&aflon from Brazos CountyMontle Probation Department of any ig care. dxaminallon, treatment and/orhospitalization outside the, fatuity ls,'m.q hotpltaM Oirid for ; Juvenile placed at the Ladips 'Inspired For E'A2"" 1166"661 "RisidenUal 'Programi'the Facility AdmInIsht6rfA) 'or -designee Is duithoiked to secure Such exarniration "ent 9 "ahn and/or j0pitalIzat on at the-Vpenk of --JUVOhIle -probation: uVirill -ProlliatIon agrees t0ii&� * i hill ce :their ieo�� si�0'64es, a Y 64 h6ld harmless. §.prv1" Providiri' efitkind employees oes from any and 40 :charges ieasonoble and necaslaty, medical. , nalion,,'.treatmdrit and/or 'hospitalization. The FA.d?.d6WgAee46hOII notify Juvinile.Probatiori and -the parihYguiJitclian ortubtadian of such an emergency Immedl4tily but ho later thai h twenty four (24) ho'u*rs.of its O'C"Curfen"C'e. - 04 -Service Provider will submit an involcefior payment of services to the Juvenile Probation Fiscal Officeron a monthly .,basis: -Said Invoice shall tio-submitfoiliothinten V) worWriq days; following end of the Invoiced month and shall Include Iribrmallon 64mid 6abisp "'Ibir WOW& fiscal control, .including ricluding but not Rifted to: thud's -name, date of birth,. cadet -ID, date of iiiiiiiiji of applicable), doys'bill(Od for iho . Mb'qt . h, cost p er-doy, . -total for each Oqrepaso .,P child and total monthly'amduht-.due.:Dch'invoice received for payment %WII be reviewed by Juvenile Probation In :order 16,morillor -SerVW-'.?ir6vId0­6r "Oninclal d6rholianC6 with this Agreement. •W61cis submitted 4j. Service Provider In proper shall 16 Probatloi 16 4 timely nnpr]n accordancd ..with Texas Govemmdim t all be p9ld$y 46varil' n, Ont, Code, Chapter 2291, Payment ent for Goods and Uvil is. Payments -sh ym ado Within thirty Services. all be m (30) ,working,'days after receipt.. Olot. PaymentshagC JuvenHe*J*i*,OepiWerA P.O. Box 1690,San Benito texas 18686. The Service Provider h4j,,at its discretion, or uiinecci*efidatl6n of the Cameron County Auditor's s 019e, impose Oon payments that become overdue In accordancowith .§225125 Toxas Government Code. -.5.05 ..Any Income re.celvedpy Service Provider toward the support of'a child from sources other than this Agreement,, Including but not limited to tocial Security; medical Insurance coverage, or contributions from parentilegal goardlon or du . st66nor others Must beddicbmented as to each child for whom a billing Is submitted and dedudted from the lnvdice'$,'*U'6ift*ed-to,.J.tivenileProbation. Documentation must in clude the s4ticientidenfito informatio n of the Vol. Pg. A(7 4+ r t .. :panes .receiving the services,. the. dates and times 'services were provided, andsuch other information deemed :necessary for adequate fiscal control:' '0 6 in order jo avoid. duplicate.payments for children tieing transferred to another child care agency under contract with kt.:. Jwenlle ,probatton�,,th®:receiving a ency will •gill Javenite Probation on Otte day the child Is-. admitted into .the program; the •Service providet i�rill al d"Invoice Juvenile Probation 'Ni.=tile last day of care. a'.k-._ 6'07 Services which are not directly addressed,..by this Agreement must begs t6rkfid fof approval with associated billing for reimbursement tram Juvenile Poatioa. 6;pt3 Service Provider agrees to make `Iaimsfor paymentor direct any payment disputes to Juver►ite Pcobattan. Service :Provider -Will not contact tither dep rtment employees,regarding anp claims of payment. a,09 , .:Service :Provider agrees .and understands;fhatai� financial obligations of Jwenile•Probatton provided for in. this Agreement, for which;urrent.revenue is:not avail able,,will be contingent ffitlie+availabllity of.appropiiated tirnds'to. • :meet said obligations: ARTICLE Vl EXAKOWION OF•PBOGRAM ACID RECORDS 6:Q1 Service Provider agrees .that It.011,•per'mit Juvenile -Probation to,. -examine and evaluate its program of services provided, urtderthe terms of this Agreprnent andlorto review its records periodically, ;This examination and evaluation 'of the program may include `periodic on site visitation, 'observation of prGgroms ' in operation and interview administration, ; S:t)2 Service Provider-Aili -providiAb Juvenile Probation such descriptive information on contrasted .children as. requested en forms'provlded by Juvenile Probation. 4,63 For purposes of evaluation, .lnspecticn, auditing, or reproduction, Service Provider agrees to maintain and :make avallable any and all 10orm6tion, records, papers,' reports or other,documerits .or evidence to an authorized - representative of Juva'ttlle. Probation; •the.Comptroner _General of ihb',Unitea States, the U.S. Department of Jo tle�, the `JJD or the $told'of.Texas arWdi their duly authorized represeritadves." t,04 Service Provider shad retain and make, availabt4 to Juvenile Probation ail financial records► supporting documents; statistical records, aiid"all otherreco'rds. pertinent to the Agreement,fdr a minIMiaM,.of seven (l) years, or until any pending litigation, ctdim,,audit'or* r'eAw,.:and all questions arising' in have:t6n resolved, and shall make avallabte for Juvenile. lrobatibn's `(ncpection, all contractual agreements with SeMcie Providers sdboWractom for services -related to this .Agreement, 6A Service Provider undprstands that acceptance of"f uncle under this Agreement acts,es;acceptance of the -authority of the State Auditor's Office, or,any.'04cessor agency, to conduct an audit',or it vestigatiori in connection with those funds. Service Provider further agrees to cooperate fully with the' State Auditors Office or Its sudcessor, in'.fhe conduct of the auditor investigdkin, including providing all records requested.: Service Providerwtlt ensure that the foregoing clauses coneeriiing'the a`tithotity of the State of Texas to audit Arid the requtr®m®nt to. cooperate is included in any subcontract or 4rengemertt Seivice Provider enters lntq.ln which funds received under this Agreement,form all or part of the consideration. 6;tf6 -:So rvice Provider will have:eiigibillty to receive state funds as required by the Texac-Pamiiy Code:§231,00.6 and will 'be In Good Standing with the State of Texas Comptroller's Office. s Vol. Pg: ' ARTICLE VII CONFIDENTIALITY OF RECORDS' 7.01 Service Provider shall maintain •strict: confidentiality of all, information and records relating to children involved in '= Juvenile probation, a.,nd shalt not, re -disclose the information except as required to perform .the servlees to be ..A r:.. provided pursuant to this Agreement, or.as may be required bylaw. ARTICLE Vill DUTY TO REPORT 8.01 Allegations Occurring Inside the Juvenlle System. As Tequired by Texas Family Code Chapter 261 and Title 37Texas L Administrative Code Chapter 358;;orsuccessor provisions, •service Provider, and an of its ern to ees; lntems, :.. Y. A Y a, R:.•:., •r.: volunteers or contractors, shall report any allegation cr incident of abuse;neglect,'expioitation, death or other serious incident Involvinga juvenile in a- iivenif°e usiice feeili. or uvenile ustice r ram in the followingmanner. ;A. For all allegations and incidents except sexual abuse and sedous.physical abuse: within twenty-four (24) hours from the time the allegation is made; to the following: 1. Lodi law enforcement agency;.and 2. TJJD by submitting a TJJD Incident Report Form by email to abuseneglect(a_tiid.texas.aov (or if unable to complete the form within- Writy-four (24) hours, then by galling toll4rde 1.877 706.7263., followed by `submitting the report wllhin twenty-four (24) flours of said tally. in addition, for serious incidents, a treatment discharge form or other medical. documentation that contains 9videnct'4 medical treatment pertinent to the reported incident shall Wdubrinitted to the TJJD within twenty four (24) hours of receipt; and 3. With respect to juveniles placed by Brazos County Juvenile Probation Department, the TJJD Incident Report Form most also be sent.to Brazos County Juvenile Probation Department within twenty-four (24) ;hours at facsimile number (979)8234211, Attention: Chief Linda Ricketson. B. For allegations and Incidents of sexual -abuse or serious physical abuse: 1. Local law enforcement agency immediately, .but no later than 'orie .(1) hourfrom the time a person gains 'knowledge of or suspects'the alleged serious physical abuse air sexual abuse. The initial report shall be made by phone to'law enforcement; 2. TJJD immediately., *but rio later than four'(4) hours from the time a person gains knowledge of or suspects the alleged serious phy►sical-abuse or sexual abuse. The initial report shall be made by phone by calling toll - free 1.877-786.7.263. UVithin twenty-four (24) hours of the report.by phone, the completed TJJD Incident Report Form shall be submitted by facsimile number 1-512-424-6717 or by email; and 1. 1Nlth respect to juveniles placed by Brazos County Juvenile Probation Department, --the -T40 .Inddent Report Form'mustalto be sent.to.Brazos County Juvenile'ProMilld i Department-within'twenty:four (24) hours at facsimile number (976)623.4211, Attention: Chief Linda Ricketson. -.8.02 Allegations Occurring Outside the Juvenile System. Any person who witnesses, learns of, rec eaves en oral or written statement from :an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, negiect,.explo*talon, death, or other serious incident involving a. juvenite, but that is not alleged to involve an employee, intern, volunteer,: contractor, or Service Provider of a program or facility, shall be reported to law enforcement or to other appropriate'governmental unit as required 6i_ Texas Family Code Chapter 261. Vol. pg. /� Ye r 8;03 As used within this Agreement: A. - An allegation or incident includes the witnessing, Teaming, or receiving an -oral or written statement from an alleged victim or other person, with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death; or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program. B. A serious incident is attempted escape, attempted suicide, escape; reportable injury, youth -on -youth physical assault, or youth sexual conduct. C. Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non -contact. - D. Serious physical abuse is bodily harm or condition that resulted directiy or indirectly from the conduct that formed the basis of an allegation of.abuse, neglect, or exploitation, if the bodily harm or condition requires medical treatment by a physician, .physlc an assistant, licensed nurse'.practitioner, emergency medical technician, paramedic, or dental. E. A juvenile justice facility is a facility;16diuding its premises and affiliated sites, whether contiguous or detached, operated wholly or.partiy by or .underthe.authority of the governing board; juvenile board, or by a private vendor under a contract with the governing board, juvenile board, or government at unit that serves juveniles under juvenile court jurisdiction. :The term includes: a public or private juvenile post -adjudication secure correctional facility required to be certified in accordance with the Texas Family Code; and.a public or private non -secure juvenile post -adjudication residential'treatment facility housing juveniles under juvenile court jurisdiction. F. A juvenile justice,. rogram is a.program or department operated wholly or partiy.by the governing board, juvenile board, or by a private vendor under contract with the governing board or juvenile board that serves juveniles under juvenile court, jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-iesideimtlal program that serves juvenile offenders. while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a Juvenile Probation department. :PRISON RAPE ELIMINATION ACT Service Provider shall adopt and comply With all federal, state,.county and city laws, ordinances, regulations and standards applicable to the pmvisioiis of services described herein and the performance of all obligations undertaken pursuant to this Contract,. Including• the Prison Rape Elimination Act ot. 2003 ' (PREA) which establishes a zero - tolerance' standard against sexual a`ssadt of incarcerated persons, including juveniles, and addresses the detection, elimination, prevendon and reporting of sexual assault in facilities housing adult' and juvenile offenders [PREA §116.312 (a)). Under PREA, Service -Provider shall make available to the Chief JPO.(CJP©) all incident -based aggregated data reports for every allegation of sexual :abuse at its facility or facilities, and all such data may be requested by the Department of.Justice from the previous calendar yearno later than June 30 [PRF-A§115.387(e) and (f)]. Under PREA, the Service Provider shall be subjected to annual contract monitoring by Juvenile Probation to ensure that the Service Provider is complying with PREA standards (PREA §115.312 (b)). To comply with this standard the Service Provider will make available to the CJPO all incident based aggregated sexual abuse data within twenty- four (24) hours of the allegation. Under PREA, Juvenile Probation will. make the aggregated sexual abuse data for each Service Provider available to the public via the Juvenile Probation website [PREA§115.388(b)]. a Vol. pg./S—D a Service Provider will be subject to a Department of Justice PREA audit within the PREA three-year audit cycle. Service Provider shall be solely responsible for paying for a PREA audit, ARTICLE IX CRIMINAL HISTORY SEARCHES 9.01 Criminal history searches shall be conducted by Service Provider for any and .all of its employees, interns, volunteers, or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to juveniles in the facility or program. 9;02 Service Providers of juvenile justicefacilities or juvenile justice programs licensed by the Texas Department of Family and Protective Servieek.7e tins Department of State Health Services, or other state agency are exempt from the requirement to provide documentation of criminal history searchss for staff_:employed in the program or facility. Service Providers that are individually.licensed by the Texas Department of Family and Protective Services, Texas Department of State 'Health Services; °or other state agency' are also, exempt from the requirement to provide documentation of criminal history searchss. Service Provider shall provide Brazos County Juvenile Probation Department with documentation confirming that Service Providefs license is currently in good standing with the licensing entity and shall not provide services under this Agreement sunless its license Is in good standing. 9.03 Criminal history searches shall include the following: A. 'Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. B. Local law enforcement§ex offender reglstration records check through the Public Sex Offender Registryon the Texas Department of Public Safety website. C. Federal Bureau of -Investigation fingerprint -based criminal history background search at the National Crime Information Center; intemet-based searches shall not. be used to conduct this background search. '9,04 A copy of the initial criminal history report required by this Agreement and any reports 1etlecting subsequent criminal activity shall be maintained for monitoring; purposes for whichever of the following occurs later, duration of the individual's employment*or period of service; minimum of three (3) years; or until any pending litigation, claim, audit or review, and all questions arising there from have been resolved. 105 As used within this Agreement, a disqualiWg criminal history is a history that Is outlined in the Texas Juvenile Justice Department standard 344.400. 9.06 In addition to the criteria and time frames, set forth in the above definition of disqualifying criminal historyan individual must not have direct unsupervised access to juveniles in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 9,07 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to juveniles in a juvenile justice facility or a juvenile justice program. 9.08 Juvenile Probation reserves the right, In its sole discretion, to prohibit any Individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with juveniles. 9 Vol. � Pg.. /,s M M ARTICLEX DISCLOSURE OF INFORMATION -10.01 Service Provider to entering thl$ contract, it'hosverMed.and disclosed the followliq InformA000 'to JU4066 probation; ,106il hall have.an ongoing i0rojf '4fid; Akid, qlPty-Under this Agreement to promptly Aicortalnand dsbiosdi sufficient this same IR(ormation, toJuVofillo-Pirobi0on: 'M all 1:' A. Any,ond all corrective id!66 re0ired'.by any of Service ProvidOe-elle"q'Psing authorities; :8. Any and all Iftigotibn filed igAdl Spryke Providerror against its Offiployeoi, .Wimt,,voluotoors, subcontractors, agents cc 1hilijd direct unsupervised conVi�UV6611, InA Juvenile justice facility Ry QF* juvenile justice, proqram; C. Any -arrest or current criminal jindictment of any, employee, ]6t0m, iqju6Wf, subcontractor, -o'gent and/or consultant of.$erVld4 Providef t has. direct unsupervised contact WO)uvenilos in a juvenile justice facility or - juvenile justice prop,idm: D. All pending and paq Calkiationi �Ohdlor,lhyesflgatlons of abuse, neglect,.` . gplbliatlon, death or.other sedous jncicle�ts involvingi hi . �6d:by juvenile Probation't0lie juVerio, Justice facility or juvenile justice - 1 . juvenile PI Eby a state to .-- E. Any finding of .!Riak�.to-be[Wb'" regulatory agency In 4 child r -sb use, neglect and exploitation lovesfigationwhere an employee,':jntem, volunteer, subcontractor, agent ,on d 'c6iniultanl of Service Provider .g,was the -that has direct u6siup6rvWd,eo0tadt.W4Ih juveniles In a juvenile justice facility o"r he justice program :alleged Qfdesignated perpetrotbr, F. The Identity of .a of Setv .11ce"Providers employees, lhtemq,:yolphleirs,subcontractors, :agents a4lot consultants that h`& direct i gvpefted contact YAM Juveniles In'a juvenile justice facility or Juvenile justice pgram,that m4uir00 116 to litei as a sex offend and ,a • The Identity of'-ohY'oi"ServI6.4rovidoes employees, Inte(nq,.;.vaIdni6rq subc ontractors, :agqnts and/or consultafits thafhh6',0ro'dt 6iii0orvisid contact .WithJuveniles* n Justice f4ollit Y or Juvenile Justice program that have 'a disquilifyiqj.'idrdind history. .10.02:Service Provider agrees and'addistonds It has an affirmative 'and qhgalj�',.,duly to ascertain and disclose to -, *1h r prospective o existing JUV061119hobitio a �d ejbroqol�g Wormi0o lylh61dui!;;M, p hy ati. ql(of� n as to of other a pr90 J Od r 9, lnten, volunteer, :subcontractor, agent and/or consultant of Wid"p . (ok,- - Odor . to placing thit er, that t unsupervised with juveniles =14hap"Itidn. t".direct In a Juvenile 16s#6e facility or Juvenile . 'Justice program. ARTICLE X1 EQUAL OPPORTUNITY 1141 Service Provider >agrees 119 respect, and, protect 'the civil and le their' pare6t(s)/quardian(i-p)i..tt6dian(s). Itwligal '00lits of all children and hot unlaAlly discriminate against any.employep,prospective employee, child, ifilldcare provide r, 6FitOnqiyguardian(s)lcisiodian(s) on the basis of age, -race, sex, religion, disability or national ofigin. 'SeNice. I Provider stroll abide 4yall,t­ icabloj6deral, state and local and -to g,ulations. pp, M '112.01 V41 44.01 1442 G 1 :11 ARTICLE XII .ASSIGNMENT i §LBCONTRACT ,S,er.v'Ice:Provider ,hay bot;*ass4n or subQontract any of Its tights, duties and/or obligations arisino'out :0 1hii :Agreemint without theprior fien, consent of Juvenile PrObation. ARTICLE Ali OFFICIALS. NOT TO BENEFIT:,., No.officeri,em r gqnt�_, 'AWifillo.Probatich and no rhemop6o OlQyop of agent J pf. g,,'its ,`,q6VomInq body -andro other public' .001clals.6fthegoverhing body,ofh0`1101lWor locaptips in which. tkptijg' or being carried Who exercise -anyfunc ons or respon�ibi lfib� in'theprolki, shall participate In any 'dqdaIqA'reWff0jb this Agieemiht which Offects . or ;onlkfe with hIA . 'r":0irsbiAl. interest at or have y personal 'or re -dire;t or Indirect, in 'tho, n. pecuniary, interest, Agreementotthe prodids, thdrea...,:. ARTICLE XIV DEFAULT 40venlIeProbation mAY_.J)y:Wd6h-4dc a.Service N641146r:; , of default -to the whole orany part of this' -AgreemOM, -as.11: deems.i. p AFO-H to."In"e Any on of the following circumstances: ..,PP a A. If Service Provide'i4alli"to pdrform the work called for by this Agre'emihf within the time specified herein oriapy Qxlenqlon thereof, or, B. If Service -Novide't'fails to peiform.any of the other material proyislons'af this Agreement, -inpludtq failure to achWe i .00ali,'.66tcoinek-and o to prosecute. fie work" the. defined outputs; or to fallsas'to ,.endanger the pedormanctofthis-A"'"mentime rdancewithitstirms,ano. 4. `in 'elthorofth6setwo ��uihifances.afterreceivin rvlqe Provider does not cure such failure notice of default, �e Iii within 'a, P's do a , o" ie" P � (10) 'days. Any'OefaulUby Sery . Ico,0 fog . Wiess of whether the defauft results In ter . Mination. will jeopardize $ervloq e _ , ,, , , Provider, . ' - .. Provider's ability to *Hct With IfWille Probation In the '-future, and may VdsUI in the refund of compensafloh -received under.1hIs Agreement.'' ARTICLEXV TERMINATION 15.01 This Agrie'enlent may'Wotmlnked* A. By either party upo, iin (10yd6ys written notice to the other party pf:thw Intention to.tsrminate�; or -0. Upoft, expendlWri Of avallablefgpds. 45.1)2 'If .at any time during the,term of this agreement Juvenile Probation; In its sole -discretion, determines that the saf ely of children being served, under this Agrq'ernent maybe In jeopardy, Ouvenile Probd#6p may immediately suspend the effect of this Agreftent, indbding but not Ilml.ted to the obligation. to pay, t!pon giving notice to the Service. V 01. :- H7 I ARTICLE XVI WAIVER OF SUMMATION. walvq$ any .and all -dgh4. it may have,of.subro.gplitgn to any dg!Ms:or rights of Its..', ;Service Provider_expressly owners, officers, or subcontractors against J Pobatil "S' ce ftowderalso. walves ,employees, agents, s UY649 om ervi any rights it may haveto.indemnifrcation"Irom Juvenile Prokatfon. ARTICLE XVII INDEMNIFICATION fitisfurther-agreed thatSsivic6 PrO1,01 _0, will indemnify and hold harmless.,JUv011e ': " Pf , Obation against any and., I ,ndoligence, liability, los,,5,. costs, 6lafi*,r. expenses arising out of wrongful"Ond'ri §119drit acts) of commission or:: om ssion"dif Service Provider, its agents, .,serVbnts,;or employees,_,Mq!ng iinder1hIs Agredmefit.' ties vl '6b1i4aiioh 16 Inds' a ce a -6. mnffy and hold.he'erin!"' Probation :Service Provider ri QP ZvericlIfie -Pro.b i6r'any a* Of .commission :or omission �-�ot iii4e6ili *63flon'agbnts, servants. o_'_-e"mOiqyeOs:ad6ing from o .,r this r, related to Agreement for r r I made. Whichoc Irno 6AOJ666"n s' MTICLENII SOVEREIGN IMMUNITY :This Agreement isexpresslymade . subject to Brazos County SoverqIgn Immunity,.T.&S of the -Texas Civil Practl and Remedies Code, and -all -applicable. federal and state ]AW., The parties expressly stly agree the n provision of this on is in any`�iy intended or any hrn�A or from liability that Julon'116 Agre6rn t d to a waiver as from Suit H PrOatiori has by operation"d law. _'00thing in this Agreement is intended to, b6nafi1`Jt-any third party beneficiary..' ARTICLE XIX -ASO OESENTATI9148 & WARRANTIES Service .Provider hereby enti : and warrants the following: A. Thaf "it has all necedW iiil to enter into this Agreement y right, title; and authority f That it is qualified 11646 business. ill the State.of Texas; that It holds -al necessary 11con s and staff certifications, I so n to provide the -services ''being contracted for, that it Is In compliance with -all -stAtut6ry and regilato'ry requirements f6fthii.bopfatlon ofits-bu'slness; and that there are ho taxes di 6 and owing to the We of Texas, the Count e Countyof Cameron of any political subdivisionth reof, C. That It carries sUfficiontifturafied;to provide protection to. Juvifille,er.olgition under the Indemnity pr9yislorio, ,aswell as foranypotontli liblillies' that arise from or related to this Agreerri6rit that, If 'requested' a It w! cause its insurance order td Identify. tho, juvenile Proliitfon as a certificate holder go its policy, and Will add Juvenile Probation as aM166681 insured on fits policy; P. DO if! of WO�loyees, intern mo ,:volunteers, subcontractors, agents, ti Afidor. consultants that have -contact With . juveniles In a J646fille 16stice facility .or juvenile justice program will beprops dy trained to report allegatR or 'Incidents - of abu§q- ' :nq§lect,, explbitall P nI death or serious incidents -involving a juvenile under the supeirvislo4vf Juvenile ProbaNq In accor0lanw.0th the requirements of -Texas Family CoddtliapterXl and any applicable TJJD administrative rules regardingn- abuse, neglect, exploitatio death orurlb"Us incident and E. That; -if it has erpp.Qy*et,.Intemg,,y.glun.teers,-$Ubcontractoisiag ents andfor consultants that have contact -with juveniles in a juvenile justice bcllli'�y or juvenile Nsfioe prdgTrO' -:then It shall promlnently� post In all public.and i staff of any. and all ofits offici fillb both, -.a Spanish language ikQrsloft of the following ish Od n Ad sjthe En Us Vol. pg. official.'notice forms..that are -available on the TJJD webske: Notice to.Public Regarding Abuse, Neglect and - Exploitation and Notice to Employees "RepordIng Abuse, Neglect and Exploitation. ARTICLE XX TEXAS LAW TO APPLY -9Q.01 This Agreement shall be construed:Under and in accordance with the 16ws 0 the*State of Texas, and AU obligations of the.parties created heteunderare:perfomtable m.CameronCounty, Texas. . •20.02. -Service Provider verifies that it does not -boycott Israel and will not boycottUrael-during the term of this agreement. The term °boycott Israel" is as defined byi the Texas Government Code g2Z70.002, effective September 1, 2017. .20.03 Pursuant to .§2252.152 of the Texas Qovemment Code, Service Provider: affirms A is not engaged in business with Iran, Sudan, .or foreign terraristorgahizations.Service Provider further ail rms it is not on a list prepared and maintained by the State :Comptroller cf Texas pursuant to §2252.153 of ttie Texas Government Code. " ARTICLE XXI VENUE 11.01, Exclusive venue for any litigation arising from this Agreement shall be in Cameron County; Texas. ARTICLE,XXII ADDiTIONAL TERMS AND AGREEMENTS 22.01 Service Provider -will accept.only #fd$e,children confirmed by authorized officers of Juvenile Probation to be . referred :for placement 6Serv1ce Provider'.s facility. 22.02 Juvenile Probation ' recognizes that part *of a client's rehabilitation program .may include time .away from the residential setting of Service Provider, such as weekends and holidays; and that Service Provider must retain space for the client until his/her return:. To.this end, Juvenlle Probation agrees.to pay Service Provider the full amount due for such regularly sobeduled days away from the residential settingor its program, provided they do not exceed four (4) -days. per rn0nth, poi.:.+cuent and that prior approval has been obtained by Juvenile Probation. -Furloughs will not be 'authoriied, 6j+ Service Provider except in only highly unusual situations and. solely at the approval of. Juvenile Probation. Un0apied bed space constitutes days any from the facility. individualized Program Plans may 'warrant; additional, days away ftom the residential setting if approved in willing by Juvenile Probation; however, any�additional days away from the residential setting wilt not be charged to Juvenile Probation. .22.03 The child's parent(s)lgdardian(s)icustodion(s) shall, bear the primal' responsibility for payment of any medical or dental needs, by personal payrrient, health insurance, or Medicaid coverage, as well as clothing or other expenses not -provided for in Service Provider's program. 22.04 .Juvenile Probation reserves the right.lo1erminate the clients placement with Service Provider at its discretion. Service Prbvlder must not release'a client to. any person or agency other than Juvenile Probation without the :express consent of an authorized agentof Juvenile Probation. 22.05 Service Provider is under no obligationto accept a client who is deenied.inappropdate for placement in that program. .22.06 Juvenile Probation is under no obligation to place any child with Service Provider.. t.. 22 97 Juvenile Probation shall provide a' written psychological evaluation, behavioral health assessment or psychiatric .3 Vol. pg. /S S e Hr evaluation. #4 4e'biftety ottest included in the -evaluation Is. older. than one (1) year prior to admission, a dlnlW' interylew perforated Within one (1). year- prior to admission shall be subailgeil'vAth an vpdaiid' diagnosis, and -.08 In accordance with otthe T%as Public-Educ allon Code -at4concrition of this corittact for-rosideat.jail' tdd* riot later then services; ry ce off S660 the thirii'dav '60 , roy. in wwwo�.Ioq i oes, _aft -ft-.4alea-011di -Pliw1atho ki ty. "FA fit! Pro, ProbspoWs .22.09 ServIci Met shall qomplyf Allaopljctiblii�f epi.andslatilm-Wre regulations, Joverille� 'this A§"moftl. - P standards ia, ces pid4lded tinder ollelp . and TJJD staifi a s pertinent sqrvi. or business entity named In 10 'Wor §231.,.066, Texas, Fir�1y'Qi;,jh"9­ Vendor or aplificant ce-4 ffib: IildhI - I - . "g. w '6 '01i Agreement, tied, .00i d ;e1w the spidt, ed grant, loan, ,6(payment a'nd1-ac..no e hh " dif s �eill iollon is in ccurate. 'that this AOreiment.ro �b 1 6 term6te if 0aymefit.0nay be wit, 61:4(tql. 22.1.1 service Pro ider funds*e us �v is notified:1 ha 4tate edip payfor services rie6derod to JuvenileProbadbri," Forthis reason, aicoiiii s6parateoethereoilptiM expenditure dali'lunds received from - .4uyonijiftba' 'and -shill ii6 -i, Generally accounting, repotting, 041 n rally Abc6pted Account R� plis. In'the accounti auditing of such funds. ARTICLE XXIII. LEGAL CONSTRUCTION 23.01 In case any one or, more. of the ri slons contained In this Agreem -s I reason be held to- be. Invalid, 'pent h1al tor"Any !Illegal, or h' llyj 106 iici 4fiy tither' . oninfbfi�;�`Iej respect, ifibrbeable 6&islon,ftll notaffect Oality, or oh, provision there6fand'jhlSj r� hall. be'di'60*4 as 9 syh1n�ot c fld'� if al*Lor unenforceable provision hid never been coaiainw�heiiln. ARTICLE XXIV :PRIOR-AGREEMENTS.SUPERSEDED 24.01 -This Agreement -ft isle And' only Agreement of the parties Aproto -and supersedei any 'prior 'Uri lrfleni' r betwee ilhe parties respecting subject matte doistandings"04d -Q­ 041 n espeang 944th.10iiii at r. ARTIUM AMENDMENTS o Y66 amend: �i;iIiqor alter the Of this lkgrqemefit�i Ify an date `thereof: .25.01 :Juvenile, Prob416 id"#6ol I Active - su seq -changes rJuyeniie Probation will then pokfy eNli Provider 4rifingi datei" ib,"' writ t6the date hereof, Of Ouch Service - rov in writing; thii14ective diti.`btifitfnWfldn ohe*os afthfie effective date 'b- 1:­*F_`­vl' 'I �y erwp.e -JuVWl8'#r6bdII6h,-SerA;,e Prpvldd'r- 6f these changes. If accept granges midi by may terminate thisAgreement sq�e.%�tlo;the cdnditloni herein. j I �'i' 7 4, 1, . . ­ � ,.fuLLY EXECUTED D8EACHoF WHICH WI A'd " W E 'ORIGINAL. :HAVE FULLIFORCEANDE EFFECT 1.4 Vol. -ILi Pg. M LOAOSCDUNIYJUVENIIABOARD C JWENILEBOMD Or Horibrable Ji DuansfatersHonorable farm rablikJiMt L, Leal, ChqlO=n ,wlo -.- Brews OMMly -,..n boardCfak Cameron Coumy hverb Bond By. BY'_a Lb*,PJckotwn Me M. 6OMR Owel JuvengefrobaDon Officer Chief hvin10 aHci�*Oflicor, By: Laura L. 4T -9 1 -a. FaMyAftirdstrator is vol. 3 Li --- Pg. CAMERON' COUNTY JUVENILE JUSTICE DEPARTMENT BRAZOS COUNTY JUVENILE PROBATION DEPARTMENT FY 2023 CONTRACT # Juv2023.011 Vol. P9•� STATE OF TEXAS COUNTY.OF CAMERON AMADOR R. RODRiGUEZJUVENILE BOOT CAMP &.eDUCATIONAL.CENTER Residential Services r� Thiss-Agreement is .entered into by and between Brazos County Juvenile Board, at the request of and on behalf of the Brazos County Juv®nile. Probation Department:.(0b9e60vely referred to as "Juvenile'Probation") and the Cameton County -Juvenile Justice DepartmentiAmador R.-Rodriguez Juvenile Boot CamptEducatiorial Center (collectively referred to as OService Provider"), a governmental entity ,tic ensed to provide child care services by the Texas Juvenile Justice Department (TJJD). The Amador R. Rodriguez Juvenile -Boot Camp and Educational Center has been duly certified as being ' suitable for the treatment and residential care of children. ARTICLE PURPOSE 1:01 The purpose of this Residential Services Agreement 'is to provide the Brazos County Juvenile Probation .Department with residential care. services for children alleged or adjudicated to have committed delinquent conduct or conduct Indicating a need for supervision. The placement facility to be utilized fs"ow. ied and operated by Service Provider and Is located at .9 30 W. Highway 77, San Benito, Texas 78586. The mailing address of the Service . Provider is P.O. Box 1690, San Benito Texas 78586. ARTICLE 11 TERM 2:01 The term of this Agreement is for a period of twenty-four (24) months, commencing September 1, 2022 and ending -August 31, 2024. Such termination shall not affect or diminish the placing County's responsibility for payment of any amounts due and owing at -the time `of the termination of the contract. After receipt. of Notice of Termination, the placing County shall remove all children placed in the facility on or before the termination date. 242 The terms of this Agreement shall be extended untilsuch- time. as all services which have been requested by the Brazos County Juvenile Probation Department and are pending *on the termination date in section 2.01 above, have been performed.'Under this agreement, the Brazos County Juvenile Probation Department may refer male juveniles in need of secure residential placement for a period of one hundred eighty (180) successful days to the Amador'R. Rodriguez Juvenile Boot Camp and Educational Center. ARTICLE III SERVICES :3:01 Service Provider will provide the appropriate levels of service as defined below: A. Moderate Level 1. -Involvement in age -appropriate structured activities and educaOon and rehabilitation services and supervision and guidance that is more than routine in order to ensure the child's physical and emotional safety. Intervention from clinical professionals and appropriately trainedlcertified -paraprofessionals is designed to maintain or improve functioning appropriate to the child's needs, age, and development. Vol. -3&1 Pg. l� 2. Services reflect a range of treatment and rehabilitative interventions, including individual and family therapy, ongoing assessment, skills building, psychoeducational programming, individualized educational services, .and social and recreational activities. 3. Treatment is based on Individual assessment and is responsive to documented needs. May include focus on specialized populations, not limited to mental health, substance use, or sexual behavior treatment. 4. Appropriate youth include those who display one of more of the following: occasional physical aggression, frequent non violent misbehavior, minor self -injurious acts, and/or moderate risk of harm .to self or others. Youth requiring substance abuse treatment are those at risk of developing substantial problems without intervention or those with a history of substance abuse disorder requiring aftercare and relapse prevention. Youth requiring sexual behavior treatment include those with moderate treatment. needs. 1,02 Service Provider will perform the following services: A. Service Provider agrees to provide a space, if available, at the time Juvenile Probation is requesting the space. B. Provide twenty-four (24) hour per .day, seven days a week room and board, to include all meals with basic residential services, including: standard supervision by qualified and certified adults, snacks, recreation facilities, haircuts, transportation, Texas Education Agency approved educational programming, school supplies, room (rent, utilities, maintenance, telephone) and miscellaneous, as ordered by Juvenile Probation. C. Provide and document paraprofessional counseling; off -campus visits or furloughs, major incidents and worker: contacts. Any and all costs associated with off -campus visits or furloughs will be paid by the parentpegal guardian or custodian. .D. Ensure that the child's parent(s)lguardian(s)tcustodian(s) and Juvenile Probation, and specifically the Juvenile Probation Officer (JPO) are notified if a child in placement makes an unauthorized departure, becomes seriously III, or is involved in a serious accident. The JPO and parentllegal guardian or custodian will be inforined Immediately if during working hours. After normal working hours, the Juvenile Detention Center or the on -call emergency contact will be notified as well as the parent/legal guardian or custodian. In the event of serious illness or accident and for any required follow-up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency < are facility. E. When requested by the Brazos County Juvenile Probation Department, the Service Provider shall make the child available for visitation and/or conference coils in order to conduct a Case Plan and subsequent monthly .updates as needed.. Service Provider shall participate by providing information regarding progress or lack of in services provided and displayed behaviors. F. Provide the JPO, with a.wrhten report of the child's progress on a monthly basis in a Monthly Progress Report. G. Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not limited to: hours of service provided, number of children served, average length of stay per - client, total hours of counseling or treatment provided. These records shall be made available to Juvenile Probation for periodic inspection. H. Maintain copies of the original individualized Program Plan and The periodic reviews. Any and all medicallpsychiatric treatment required to meet the needs of the child, as well as clothing, or other expenses not provided for in Service Provider's program, shall be the sole responsibility of said child's parent(s)/guardian(s)lcustodian(s) or court ordered appointed conservator, to be paid by either personal payment, 3 Vol. Pg. beaith :insurance;,, or Medicaid .coverage:. However, In no. case shall a child be denied any needed medlcal/psychiatric. treatment or clothing due- to the inability to pay. ARTICLE IV EVALUUION CRITERIA 4.01 The performance of Service Provider 1h Tachleving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures.i�n(afned in this section. *Juveniie Probatlon,'at-its discretion, may use other means or additional: measures to evaluate the performance of Service Provider in fulfilling *the terns and conditions of the Agreement. A. Juvenile Probation shall additionally evaluate Service Provider by the foilowing output measures (in actual .numbers of units of service. and activities): .1. The total number of children placed in residential placement. 2. The total number of children who were discharged from residential placement successfully. .3. The -total number of rikeferrals of children placed by Cameron County within six (6) months after release. .4.02 Juvenile Probation may request output measures report from Service Provider as needed, Service Provider shall submit the requested report within 30 days of request. ARTICLE V COMPENSATION 5.,Q1 For and iq consideration of the above•mentioned services, Juvenile Probation agrees to pay Service.Provider Not more than the per.dieri rates based upon the Level of Care provided, In accordance with schedule of rates set by the Texas Health and Human Services Commission as currently effective or subsequ®ntly amended. 5.02 The above'fee will be pald'only for those children specificallyauthorized to be placed by Juvenile Probation through ids fiscal or designated official: In -no event will the per diem rate exceed that speclfed for the Level of Care provided. - For services rendered under this agreement, Juvenile Probation shall pay the sum of One Hundred Seventy -Five Dollars ($175.00) per day per child for Moderate Care for each juvenile for each day Juveniles is placed at the facility.: Charges will include the day of admittance, regardless of the hour of admittance; plus the number of days until released, including the day of release regardless of the hour. 5.09 Medical; In addition to the rate agreed upon between the two (2) parties, Brazos County Juvenile Probation Department agrees to be responsible for payment of medical care to the juveniles placed at the Amador R. Rodriguez Juvenlle.Boot Camp and Educational Canter -and to pay for emergency examinations,. treatments, medications and/or .hospitalizations in.the event the child's medical insurance does not cover the cost. The Amador R. RodriguezJuvenile Boot Camp and 'Educational Center shall request -authorizzation from Brazos County Juvenile Probation -Department-of any medical need or medical condition requiring care. If emergency examination, treatment and/or hospitalization ouksfde the facility is required for a juvenile placed at the Amador R. Rodriguez Juvenile Boot Camp and Educational Center, the Facility Administrator (FA) or designee Is authorized.to secure such examination .treatment and/or hospitalization at the expense of Juvenile Probation. Juvenile Probation. agrees to indemnify and hold harmless Service Provider, their representatives, agents and employees from any and all liability for charges for reasonable and necessary medical examination, treatment and/or hospitalization. The FA or designee shali.notify Juvenile Probation and the parent/guardian or custodian of such :an emergency Immediately but no late-rthan twenty4bur (24) hours of Its occurrence. Pg. Vol. �-(�9 /6� 5.04 Service Provider will submit an invoice for payment of services to the Juvenile Probation Fiscal Officer on a monthly basis. Said invoice shall be submitted within -ten (10) working days following the end of the invoiced month and shall 'Include information deemed necessary for adequate fiscal control, including but not limited to: child's name, date of birth, cadet ID, date of admission, date of release (if applicable), days billed for the month, cost per day, total for each child and total monthly amount due. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement.. Invoices submitted by Service Provider in proper form shall be paid -by Juvenile Probation in. a timely manner in accordance with Texas Government Code, Chapter 2261, Payment for Goods and Services. Payments shall be made within thirty (30) working days after receipt. Payment shall be made to Cameron County Juvenile Justice Department, P.O. Box 1690, San Benito Texas 78586. The Service Provider may, at its discretion, or upon recommendation of the Cameron County Auditor's Office, impose interest on payments that become overdue in accordance with §2261.026, Texas Government Code. 5.05 Any income received by Service Provider toward the support of'a child from sources other than this Agreement, including but not limited to Social Security, medical Insurance coverage, or contributions from parentilegal guardian or custodian or others must be documented as to each child for whom a billing Is submitted and deducted from the Invoice submitted to Juvenile Probation. Documentation must include the sufficient identifying information of the parties receiving the services, the dates and times services were provided, and such other information deemed necessary for adequate fiscal control. 5.06 In order to avoid duplicate payments for children being transferred to another child care agency under contract with Juvenile Probation, the receiving agency will bill Juvenile Probation on the day the child is admitted into the program; the Service Provider will also invoice Juvenile Probation for the last day of care. 5.07 Services which are not directly addressed by this Agreement must be submitted for approval with associated billing for reimbursement from Juvenile Probation. 6.08 Service Provider agrees to make claims for payment or direct any paymentdisputes to Juvenile Probation. Service Provider will not contact other -department employees regarding any claims of payment. 5.09 Service Provider agrees and understands that all financial obligations of Juvenile Probation provided for in this Agreement, for which current revenue is not available, will be contingent on the availability of appropriated funds to meet said obligations. ARTICLE VI EXAMINATION OF PROGRAM AND RECORDS 6.01 'Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this Agreement and/or to review its records periodically. This examination and evaluation of the program may Include periodic on -site visitation, observation of programs in operation and interview administration. 6.02 . .Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 6.03 For purposes of evaluation, inspection, auditing, or reproduction, Service Provider agrees to maintain and make available any and all information, records, papers, reports or other documents or evidence to an authorized representative of Juvenile Probation, the Comptroller General of the United States, the U.S. Department of Justice, the TJJD or the State of Texas and/or their duly authorized representatives. s 01. !� F'9. / . 6,04 Service Provider shall retain and make available to Juvenile Probation all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a minimum of seven (7) years, or until any pending litigation, claim, audit or review, and all questions arising therefrom have been resolved, and shall make ,available -for Juvenile Probation's inspection, all contractual agreements with Service Provider's subcontractors for services related to this Agreement. 6.05 Service Provider understands that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office, or'any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or Its successor In the conduct of the audit or investigation, including providing all records requested. Service Provider will ensure that the foregoing clauses concerning the authority of the State of Texas to auditand the requirement to cooperate is included In any subcontract or arrangement Service Provider enters into in which funds received under this Agreement form all or part of the consideration. 6.06 Service Provider will have eligibility to receive state funds as required by the Texas Family Code §231.006 and will be in Good Standing with the State of Texas Comptrollee6 Office. ARTICLE Vil CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children Involved in Juvenile Probation, and shall not re-disolose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE Vill DUTY TO REPORT 8.01 Allegations Occurring Inside the Juvenile System. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 368, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors; shall report any allegation or incident of abuse, neglect,,exploitation, death or other serious Incident involving a juvenile in a juvenile justice facility or juvenile. justice *program in.the following manner: A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty-four (24) hours from the time the allegation is made, to the following: 1. Local law enforcement agency;. and 2. TJJD by submitting a TJJD Incident Report Formby email to abuseneglect000jd.texas.gov (or if unable to complete the: form within twenty-four (24) hours, then by calling toil -free 1.877 786-7263, followed by submitting the "report within twenty-four (24) hours of said call). in addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the TJJD within twenty-four (24) hours of receipt; and 3. With respect to juveniles placed by Brazos County Juvenile Probation Department, the TJJD Incident :Report Form must also be sent to Brazos County Juvenile Probation Department within twenty-four (24) hours at facsimile number (979)823.4211, Attention: Chief Linda Ricketson. B. For allegations and incidents of sexual abuse or serious physical abuse: 1. Local law enforcement agency Immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be 6 Vol. pg. /�0�3 made by phone to law enforcement; 2. , TJJD Immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects } the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling toll. he 1.877 786 7263. Within twenty-four (24) hours of the report by phone, the completed TJJD incident Report Form shall be submitted by facsimile number 1-512-424.6717 or by email; and 3. With respect to juveniles placed by Brazos County Juvenile Probation Department, the TJJD Incident 'r :Report Form must also.be-sent to Brazos County Juvenile Probation Department within twenty-four (24) hours at facsimile number (979)823.4211, Attention: Chief Linda Ricketson. 6.02 Allegations Occurring Outside the Juvenile System. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation; .death, or other serious incident involving a juvenile, but that is not alleged lo- involve an employee, intem, volunteer, contractor, or Service Provider of a program or facility, shall be reported to law enforcement or to other appropriate governmental unit as required In Texas Family Code Chapter 261. 8.03 As used Within this Agreement: A. An allegation or incident Includes the witnessing, learning, or receiving an oral or written statement from an alleged victim or other.person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death, or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program, B. A serious incident is attempted escape, attempted suicide, escape, reportable Injury, youth -on -youth physical assault, or youth sexual conduct. C. Sexual abuse is conduct committed by any person against a juvenile that Includes sexual abuse by contact or sexual abuse by non -contact, D. Serious physical abuse is bodily, harm or condition.that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect, or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical technician, paramedic, or dental. E. A juvenile Justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, Juvenile board, or by a private vendor under a contract with the governing board, juvenile board, or governmental unit that serves juveniles under Juvenile court jurisdiction. The term Includes: a public or private juvenile post -adjudication secure correctional facility required to be certified in accordance with the Texas Family Code; and a public or private non -secure juvenile post -adjudication residential treatment facility housing juveniles under juvenile court jurisdiction. F. A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board, or by a private vendor under contract with the governing board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and'a non-residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a Juvenile Probation department. v va. Po, PRISON RAPE ELIMINATION ACT Service.Provider shall`..adopt and comply with all federal, state, county and city laws,. ordinances, regulations and staridards.appliaable.to ire provisionsia ofservices described herein and the performance of all obligations undertaken pursuant to this Contract, including he"Prison Rape Elimination Act of 2003 (PREA) which establishes zero - tolerance standard against sexual assault of incarcerated persons, including juverities, and addresses the detection, elimination, prevention and reporting cf sexual assault in facilities housing adult and juvenile offenders [PREA 111631.2 (a)]. Under PREA, Service Provider. shall -make available to the Chfef'JPO (CJPO) all incident -based aggregated data reports1br every allegation -of sexual_abuse at its facility orfaalities,.and ail such. data may be requested by the . Department of Justice from the prevlous calendar year no later than June-30 (PRt A§115.387(s) and (Q]. UnderPRF,A, the Service Provider shall be subjected.to annual contractmonitoring by Juvenile Probation to ensure. that the Service Provider is complying with PREA standards [PREA §115.312 (b)]. To comply with this standard the Service Provider will make available. to the CJPO all incident- based.aggregated sexual abuse data within twenty four (24) hours of the allegation. Under PREA, Juvenile Probation will make the aggregated sexual abuse data for each Service Provider available to the public via,the Juvenile Probation website 1PREA§115.389(b)]. Service Provider will be subject to a'Department of Justice. PREA audit within the PREA three-year cycle period:" Service Provider shall be solely responsible for paying for a PREA audit. ARTICLE V CRIMINAL HISTORY'SEARCHES .9,0.1 Criminal history searches shall be conducted by Service Provider for any and all of its employees,. interns, volunteers, or contractors providing services in a juvenile justice tdlity or juvenife justice program that may have direct unsupervised access to juveniles in the facility or program. 9.02 Service Providers of juvenile. justice facilities or juvenile justice programs licensed by the Texas Department of Family and Protective Services,1- exas Department of State Health Services, ,or other state agency are exempt from the requirement to provide documentation of criminal history searches'for staff employed in the program or facility. Service Providers that are. individually. licensed by the Texas Department of Family and Protective Services, Texas Department of .State Health Zenrice"s, or other state agency are also exempt from the requirement to provide documentation of criminal history`*searches. Service Provider shall provide Brazes. County Juvenile Probation Department with documentation-corifirming that Service Providefs.icense is currently in good standing with the (lcensing entity and shall not provide services under this Agreement unless its license is in good standing, 0.03. Criminal history searches shall Include -the following; A. Texas criminal history fingerprint=based criminal history background search through the Texas Department of Public Safety. , B. Local law enforcement sex offender registration records check through the Public. Sex -Offender Registry on the Texas Department of Public Safety webstte. C. Federal Bureau of. Investigation fingerprint -based criminal history background search at the National Crime. Information Center; interhet-based searches shall not be used to conduct this background search, 9.44 A copy of the Initial_criminal, history report required by this. Agreement and any reports reflecting subsequent criminal activity .shall be maintained. -for monitoring purposes :for whichever of the following occurs -later, duration of the individuaFo.employment or period of.service. minimum of three (3) years; or until!any pending litigation, claim, audit or review; 'and all questions arising there.km have been resolved. 9.05 As used within this Agreement, a disqualifying criminal history is a history that is outlined in the Texas Juvenile Justice Department standard 344.400. fae r ` ht � 9'06 In addition to the criteria, time.frames set forth in the. above definition' Qf disqualifying criminal history, an individual must not have direct unsupervised.access to juveniles. in a facility or program until at least one year has elapsed since .the compietion of any period of inca'irceration, community supervision, nor parole. ;9.07 Any of Service Provider's employees, jntems, volunteers or contractors m0h.a.disqualify1ng criminal history snail be prohibited. from having direct unsupervised access to juveniles in a juvenile justice facility or a juvenile justice program. ;9:48 Juvenile Probation reserves the right, in, its sole discretion, to prohibit any Individual with'a prior criminal history from being placed in a position that invoives.direct unsupervised contactwith juveniles. ARTICLE X DISCLOSURE -OF INFORMATION 10.01 Seivics Provider warrants that, prior to entering this contract, it has verified and. disclosed the following information to Juvenile Probation, 'and. agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in. sufficient detail'this same information to Juvenile Probation. A. Any and all corrective action -required by any of'Service Provider's licensing authorities; B. Any and all litigation filed .against Service Provider, or against its employees, intems, volunteers, subcontractors; agents and/or-consuitants�that have direct unsupervised contact with juveniles In a juvenile justice facility.or Juvenile justice program; C. Any arrest or current. criminal indictment of any employee, intem, volunteer, subcontractor, agent and/or .consultant of Service Provider that has direct.unsupervised contact with juveniles in a juvenile justice facility or juvenile justice.program; D. All pending and past allegations and/or Investigations of abuse, neglect,. exploitation, death .or .other serious Incidents involving 'a juvenile placed by Juvenile Probation In the'juvenile justice facility or juvenile justice program; �E. Any finding of °R90son to Believer by a state regulatory.agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or.consuitant of Service Provider that has direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program was the alleged or designated perpetrator; F. The Identity of any of Service Provider's employees, intems, • volunteers, subcontractors, agents and/or consultants .that have direct unsupervised contact with juveniles 'ln -a juvenile justice facility or juvenile justice program that required to register as a sex offender;• and G. 'The identity.of any of. Service 'Provider's employees, Interns, volunteers, -subcontractors,, agents and/or consultants that Have direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program that have a disqualifying criminal history. Vol. pg. 10.0g Service ,Provlder :agreos and understands it has an affirmative -and .ongoing duty to ascertain and disclose .m . .:Jiiven6:Prbbationciny and all of the foregoing information as to any individual, whether a prospective or existing employee; ,,intern, volunteer, . subcohtmotor, agent and/or consultant of Service Provider, prior to placing that - . individual in a:position that involves direct unsupervised contact with juveniles in a juvenile justice facility orjuve- le justice program. _ ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees -to .respect and protect the civil and legal rights of all children and their parent(s)lguardien(sy6j'4todian(s)..,It will. not'uniawiuily discriminate„against any employee, prospective employee, child, childcare provider, .off parent(s)lguardian(s)lcustodian(s) on the. basis of age, race, sex, religion, disabllity or national origin. Service Providef.'shall abide by all applicable federal, state and local laws and regulations. ARTICLE XIi ASSIGNMENT & SUBCONTRACT '12.01. Service Provider may not assign. or; subcontract any of its rights,.:duties andlor obligations arising out of this Agreement without the prior written consent of Juvenile Probation. ARTICLE XIII OFFICIALS NOT TO BENEFIT 1.3,01 No officer, employee or,.agent of Jwenlle Probation and no member of its goveming body and no other public. officials of the governing body of the Wily or localities in which the project is situated or being carried who.exercise any functions or responsibiiides.in the project, shall participate in any decision relating to this Agreement which affects or *-confilcls with his/her personal Interest or have any personal or pecuniary interest, direct or Indirect, in this Agreement or the proceeds thereof. ARTICLE XIV DEFAULT 14.01 Juvenile Probation may, uy written notice of default to Service Provider,_ terminate the whole or any part of this Agreement, as it deems. appropriate, In any one of the following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within.the time specified herein or any extension thereof, or B. 0 Service Provider falls to.;pedbrm any of the other material provisions of this Agreement, including failure to, 'achieve the defined -,goals. outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and C.- In either of these two.circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. 14.02 Any default by Service Provider, .regardless .of whether the default results in termination, will jeopardize Service Provider's ability to contract with Juvenile Probation in the future, and may result in the refund.of compensation received under this Agreement. ARTiCLEN TERMINATION 1.5.01 This Agreement maybe terminated: A. By either party upon ten (10) days written notice to the other partyof the intention -to terminate; or B..Upon expenditure of available funds. 10.02 !fat anytime during the term of this agreement Juvenile Probation, in its sole disarellon, deterMines that the safety -of children being served.under this Agreement may be 16'Jeopardy, JilVenile Probation may immediately suspend the .effect of this Agreement, including but not limited to the obligation to pay, Upon giving notice to the Service Provider. ARTICLE XVI WAIVER OF SUBROGATION 18:01 Service Provider .expressly waives any and all Oghts It may have of subrogation to any claims or rights of its employees, agents, owneis, officers, or subcontractors against Juvenile Probadon, Service Provider also waives any rights It may have to indemnification from Juvenile Probation. ARTICLE XViI INDEMNIFICATION 17:01 It is further agreed that Service Provider. will indemnify and hold harmiess-Juvenile Probation against any and all negligence, liability, loss':costs, claims, or expenses arising out of wrongful and negligent acts} of commission or omisslon of Service Provider, -its agents, servants, or employees arising front activities under this Agreement. Service Provider shall have no obligation to indemnify and hold harmless Juvenile Probation for any act(s) of commission or omission of Juvenile Probation agents, servants, or .employees arising from or related to this Agreementforwhich'a claim orotheraction is made. ARTICLE XVIII SOVEREIGN IMMUNITY '18:01 This Agreement is expressly made subject to Brazos County Sovereign immunity, Title 5 oftheTexas Civil Practices and Remedles 'Code, and all applicable -federal and state law. The parties expressV agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from -suit or from liability that Juvenile Probation has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. . ARTICLE XiX REPRESENTATIONS & WARRANTIES .. 19.01 ServIce,Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter Into this Agreement; .B. That it is qualified to do business in the State of Texas; that It holds all necessary licenses and stal(certiiications to provide the types) of services tieing contracted for,,that it 1s in compliance with all statutory and regulatory requirements for the operation of its business; and that there are no, taxes -due and owing to the State of Texas, the County of Cameron or any political subdivision thereof; v 0. ihat.it carries sufficient insurance to provide protection to Juvenlie Probation under the Indemnity provisions, as well as for any potential liabilities that arise from or related to this Agreement, that, if requested, it will cause - - its Insurance carrier to Identify the.tuvenite Probation as a certificate holder on its policy, and w�l add Juvenile Probalion,as additional insured on its policy; D. 'fhat.aif of its employees, interns, volunteers, subcontractors, agents andfor consultants that have contact4ith Juveniles in a juvenile justice facility or juvenile justice program will be Properly trained to report allegations or _incidents of abuse, neglect, exploitation, death, or serious InadenWinvolving a juvenile under the supervislon-of Juvenile Probation In accordance with the requirements of Texas t amilyCode Chapter 261 and any applicable TJJD administrative rules regarding abuse, neglect, exploitation, death or serious incident; and E. 7-hat, if it has employees, interns, volunteers, subcontractors, agents andlor .consultants that have contact with juveniles in a juvenile justice facility or juvenile justice program, then it shall prominently post In all public and .staff areas of any and all of its-btficeslfadrties, both the English and Spanish language versions of the following. official notice forms that are available on the TJJD website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Employees Regarding Abuse, Neglect and Exploitako. ARTICLE XX TEXAS LAW TO APPLY 20.41 This Agreement shall be construed, under• and in accordance with the.laws of the State of Texas, and all obligations of.the parties created hereunder -are performable In Cameron County, Texas. 20.02 Service provider verifies that it does not boycott Israel and will not boycott Israel during the tern of this agreement. The term °boycott isrder is as defined by the Texas Government Code §2270.002, effective.September 1, 2017. 20.03 Pursuant to §2252.162 of the Texas Government Code, Service Provider affirms it is not engaged in business with iran, Sudan, or foreign terrorist organizations. Service Provider further affirms it is not on a list prepared and malntained by the State Comptroilef of Texas pursuant to §2262.153 of the Texas Govemment Code. ARTICLE XXI VENUE 21-.01 Exclusive venue for any litigation arising from this Agreement shalt be to Cameron County, Texas. ARTICLE O01 ADDITIONAL TERMS AND AGREEMENTS 22.01 Service Provider will accept only those children confirmed by authorized officers of Juvenile Probation to be referredfor placementin Service Provider's facility, '22.02' Juvenile ProbaSon recognizes 'that part of a client's rehabilitation program may Include time away from the residential setting of Service Provider, such as weekends and holidays, and that Service Provider most retain space for the client until hislher return. To this end, Juvenile Probation agrees to pay Service Provider the full amount due for such regularly scheduled days,away from the residential.sethng or its program, provided they do not exceed four t4j days per month per client and that prior approval has been obtained by Juvenile Probation, l=urioughs will not be authorized by Service Provider except in only highly unusual situations and solely,at the approval of Juvenile Probation. Unoccupied bed space constitutes days away from the facility. individualized Program Plans.may warrant additional days away from the residential setting if approved In writing by Juvenile Probation; however, any additional days away from the residential setting will not be charged to Juvenile Probation. .12 Vol. Pg. .� 22.03 The :child's parent(s)lduardian(s)lcustodian(s) shall bear the primary responsibility for payment of any medical or dental needs, by personal payment,health insurance, or Medicaid coverage, as well as clothing or other expenses not provided for in Service Provider's program. 22.04 Juvenile Probation teserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must not release a clleni to any person or agency other than Juvenile Probation without -the _. express consent of an authorized agent of Juvenile Probation. 22- 5 :Service Provider is under no obligation to accept aclient who is deemed inappropriate forplacern in that program.: 22.06 Juvenlle.Probation is under, no obligation to place any child with Service Provider. .2247 'Juvenile Probation shall provide a written psychological evaluation,. behavioral health assessment or psychiatric evaluation. If the battery of testsinclirded In the evaluation is older than one (1)year prior to admission, a clinical interview performed within one (1) year prior to admission shall be submitted with an updated diagnosis and prognosis. 22.08 in accordance with §29.012(b)(1) of the Texas Public education Code, as a condition of this contract for residential :services, Service Provider shall notify the school district In which the facility is located not later than the third day after the date a gild is placed in the facility. 22.09 Service Provider shall comply with all applicable federal and state laws and regulations, Juvenile- Probation's policies, and TJJD.standards pertinent to services provided under this Agreement. 22.10 Under §231.006,'Texas Family Code; the vendor or applicant certifies. that the Individual or business entity named In - this Agreement, bid, or applkition is not Ineligible to -receive the spedfed grant, loan, or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. 22.11 :Service ProviderIs hereby notified -that state funds are used to pay for.servic es rendered to Juvenile Probation. :Forthis reason, Service Provider shall account separately for the -receipt and expenditure of all'funds received from Juvenile Probation, and shall adhereto Generally Accepted Accounting Principles in the accounting, reporting, and :auditing of such funds. ARTICLUXIII LEGAL CONSTRUCTION 23.01 In case any one or more of the provislons contained in this Agreement shall for any reason be held to be Invalid, illegal, or unenforceable in any respect; such Invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and ails Agreement shall be construed as if such invalid, illegal, br unenforceable provision had never been contained therein. .ARTICLE XXIV PRIOR AGREEMENTS SUPERSEDED 24.01 Thls Agreement constitutes the sole and only Agreement of the patties hereto and -supersedes any prlor understandings or written or oral Agreement, between the. parties respecting the within subject matter.. 1.3 VOL � (o `t Pg. / 70 ARTICLE XXV 6M9ND_MaNT_S 26.01. AveM16 ProUllob may amend, P*W or shot the terns of Wp Agreement and ;pe* on offeclivs 09W thereof. iiismis Rrobatioa vrlllftni roilytwice Provider dated subsequent tithedete hire6l, of such changes su end of.mMoes afterlhe Aft d8t6'by*86rvlcePikWdprwHl Wgnly 4s acceplenco 0fthese ch8fl4ss:'-IIWV6pm' lider'd'odl'ni$toibmptthan* 'OodebyJwiiIii0mbethm.Sordc*Provider 'May lemdrists No Aqieemetr144cito the conditions herelp. ,ON, 2-2-1 FULLY EXECUTED IN DUPLICATE. EACH OF WHICH SHALL .HAVE THE FULL FORCE AND'EFFECT. OFAN ORIGINAL. BRAZOS COUNTY JUVENILE BOARD UVUv ENILE BOARD Honorable ;HOZO. one[ iawm. Dram Coun�'Juveke Board Chair -Cameron Cotmty JavenVe I rd ay: t J I I unaa muelso'n - 'l chfol Juvenile Pmbdon diflair 4. Chlef Juvenile Probetloh Officer By.. ��- W. Laura LTI :FacIVtjAd0lrllstmtor 'Contract Manager 14 l,L6�1 pg.1-71 FvoO 59 CONTRACT FOR RESIDENTIAL SERVICES RITE OF PASSAGE, INC. In accordance with provisions of the Governor's Office, Criminal Justice Division and TJJD, BRAZOS CO TX JUVENILE PROBATION Board at the request of and on behalf of BRAZOS CO TX JUVENILE PROBATION (hereinafter called COUNTY), -and Rite of Passage. Inc. (hereinafter called SERVICE AGENT), by this Agreement, and in consideration of .the mutual promises set forth below, agree,that. I. CONTRACT PERIOD The contract period will be effective from September 1, 2022 through August 31, 2023. This Contract shall automatically renew and extend for an additional one-year period on the first day of September of each succeeding year unless .COUNTY gives written, notice to SERVICE AGENT not less than 30 days prior to the first day of September of such succeeding anniversary. This renewal and extension are subject to the availability of funds for the contract year, to the allocation of funds to meet the terms of this contract, and subiect to the approval of the County Juvenile Probation Department and/or Juvenile Board. This contract need not be specifically identified in the budget or budget process. Upon renewal and extension of this contract, all dates sums set forth herein shall be deemed modified as necessary to reflect the new and extended term of the contract. II. PURPOSE The purpose of this Residential Services Agreement is to provide COUNTY with long term residential Care for children adjudicated to have committed delinquent conduct. The placement facility to be utilized is owned and operated by SERVICE AGENT and the business address of SERVICE AGENT is located at 2560 Business Parkway, Suite A, 'Minden, NV, 89423. Contract Facility Names Address City / State/ zip Lake Granbury Youth Services 1300 Crossland Road Granbury, TX 76048 Texas Monarch Academy For Girls 370 King Street Denison, TX 76020 The Oaks — Brownwood 800 FM 3254 Brownwood, TX 76801 'Ill. SERVICES The SERVICE AGENT is an educational, vocational and athletic program for at -risk youth. The Service Agency agrees 'to provide the following services, which shall be limited to adjudicated juvenile offenders in licensed childcare facilities as follows: A. Provide'this child with the nurture, care, clothing, treatment and training suited to his/her needs. B. Room & board, clothing, personal needs, recreation, incidentals, supervision, education, and social services. C. Transportation. Transportation includes escorted admission into the program and unescorted exit for students who have graduated/ completed the program. Students who do not complete the program will receive an escorted exit. 0. It is the responsibility of the placing agency to pay for psychotropic medications that are prescribed to student. E. Follow admission requirements related to medical screening, physical examination, medical testing and immunization. 'F. Encourage the maintenance of the natural parent�child relationship and include the child's parents in the treatment plan when possible. Vol. le pg. �1 iZ- G, Not use corporal punishment, deprivation of meals, monetary allowances, visits from parents, home visits, threat of removalvr any type, of, degrading or humiliating ,punishment and to use constructive alternative methods of discipline. H. Respect and keep confidential information given about the child and their family. .I. Work toward termination of placement on a planned basis with maximum involvement of the child, parents and the agency. ` J. Conductla staffing or review on this child at least quarterly. K. Submit an initial diagnostic summary to the agency within three: (3) months from the date of placement. :L. Submit ongoing written evaluations to the agency and/or parents or guardians quarterly. M. Immediately notify responsible party of significant changes in -this child's health, behavior or location. N. Submit copies of any pertinent information such as school reports. Medical reports and psychological/psychiatric reports as completed. 0. Give responsible party prior notice of at least 7 days of intent to discharge this child unless it is agreed upon with -the agency.that less notice is necessary. P. Conform to the applicable facility licensing/certification requirements. 0. Provide access to appropriate parties of documentation when documentation is maintained on children in their care. R. Notify the -agency and/or parents or guardians immediately if an application Is made on behalf of this child for any kind of income. Examples of income include, but are not limited to, child support payments, Veterans Benefits, Railroad Retirement, Social Security, RSHDI, and Supplemental Security income/State Supplemental Program (SSI/SSP). .S. Remit to Department of'Public Social Services any income received on behalf of this child while in foster care up to the full cost of board and care plus medical cost. In addition, the agency will cooperate to have the Social Security Administration, or .the appropriate agency, make the Department of Public Social Services the payee for any funds received on behalf of this child. T. Provide 'and document paraprofessional counseling, off -campus visits or furloughs, major incidents and worker :contacts. COUNTY must approve the child's participation in any furloughs, home visits, or extended agency trips. U. Ensure that the child's parent(s) or legal guardian(s), COUNTY, and specifically the County Placement Officer, including Texas Department of Juvenile Justice are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The COUNTY and parent(s). or legal guardian(s) will be informed immediately If during working hours. After normal working hours, the Juvenile Services, On -Call Officer will be notified as soon as possible, as well as the parent(s) or legal guardian(s). In the event of serious 'illness or accident and for any required follow-up care SERVICE AGENT shall be responsible for having the child transported to the nearest hospital or emergency care facility. If the child returns to the SERVICE AGENT within -ten, (10) days or prior to the. last billing day of the month, whichever shall receive payment for those days the child was absent from the SERVICE AGENT, but not to exceed ten (10) days payment. V. Recognizing that apart of.a child's rehabilitation program may include time away from the residential setting of the SERVICE AGENT such as weekends, holidays, etc., and that the SERVICE AGENT must retain space for this child until their return, COUNTY .will pay the ,SERVICE AGENT the herein agreed upon amount for such regularly - - --- 1 2 scheduled.days away from the .SERVICE AGENT of its program providing they do not exceed ten (10) days at any one time. W. The SERVICE AGENT is under no obligation to retain space for the child in unauthorized departure situations- X. The SERVICE AGENT is under no obligation to accept a child who is deemed inappropriate for placement in the program by the SERVICE AGENT. The COUNTY Agrees to the following: A. Conduct,a pre -placement visitation of the Rite of Passage sites. This visitation may be waived. B. Acknowledge that Rite of Passage is.a behavior modification and treatment program for at -risk youth. C. Provide Rite of Passage the necessary background information and needs of the child necessary for effective -care. This shali include a social work assessment,. medical reports, educational assessment, psychologicalIpsychiatric evaluations, and identification of special needs when necessary. This shall be. made available to Rite of Passage within 44 days from date. of placement. D. Work with Rite of Passage toward development of a treatment plan. E. Work toward termination of child's placement with Rite of Passage staff. F. Continue paying for this child's care as long as eligible and Rite of Passage maintains child on an active status or until Rite of Passage requests that placement be terminated. G. Assist in the maintenance of the child's constructive relationships with parents and other family members. H. Contact this child in Rite of Passage at least once a month. If case plan would indicate less frequent contact, Rite of Passage will be informed. I. Inform Rite of Passage if child has any tendencies toward dangerous behavior. J, Provide proof of medical coverage at the time of placement (If Applicable). If no medical coverage exists, payment is the responsibility of the County. K. Provide authorization.for medical treatment, signed by parents or legal guardian. L. 'County agrees to pay for treatment for youth placed with the SERVICE AGENT who had a pre-existing medical condition, unless. treatment for the pre-existing condition- is part of the rehabilitation program of the SERVICE AGENT, W. COUNTY agrees to pay all medical and/or dental bills if i) The SERV.ICE;AGENT notifies the COUNTY or designee prior to the services being rendered; or, ii) -if, in vendor's (physician and/or dentist) opinion, the services cannot be delayed a sufficient amount of time to comply with the above without hardship to the youth; and, .iii) The SERVICE AGENT notifies the COUNTY and/or designee of the probable .charges the next working day after services are provided. iv) As appropriate, the. SERVICE AGENT will provide proof of Medicaid coverage to the Medical Service Provider to enable them to seek Medicaid payment for medical services rendered. N. Consentto the Handle with Care Safe Physical Management Physical Restraint Procedure as the method used by certified Rite of Passage personnel to intervene with harmful behavior. O. - Consent- to the .Rite of Passage: REFOCUS Programs as the protocol for :students being placed in protective separation rooms. 3 Vol' 3l Pg. /7,i P. Consent to Rite of Passage Runaway Policy as the protocol for procedures for the truant student. Q. Consent to the child participating in rigorous physical training and individual and team sports. R. Represent that the child has no physical ailments or conditions that would prevent him from participating in rigorous physical activities. iV. COMPENSATION A. For and inconsideration of the above -mentioned services, COUNTY agrees to pay SERVICE AGENT the per diem rate based upon the care provided, currently $266.00. B. Psychiatric services will be provided to the child on an as needed basis. The initial psychiatric evaluation and follow- up evaluations will be paid for by Juvenile Probation at the current contracted rates. These services and fees will be pre -authorized by the COUNTY. C. Education services are. provided on -site through an accredited charter school. Should the COUNTY request GED preparation and/or testing, the COUNTY will be responsible for the rates and fees associated with those services. D. SERVICES AGENT will submit an invoice for payment of services to COUNTY on a monthly basis. Said invoice shall be submitted no later than ten (10) days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: name of the child or children for whom payment is being requested along with the number of days (stated consecutively), date service was rendered, hourly rate, total daily cost, and total monthly. cost. Each invoice received for payment will be reviewed by COUNTY in order to monitor SERVICE AGENT for financial compliance with this Agreement. invoice submitted by SERVICE .AGENT in proper form shall be paid by COUNTY in a timely manner. E. SERVICE AGENT Is hereby notified that state funds are used to,pay for services rendered to COUNTY. For this reason, SERVICE AGENT shall account for the receipt and expenditure of all funds received from COUNTY, and shall adhere to Generally Accepted Accounting Principles (GAAP) in the accounting, reporting and auditing of such funds. Ih the event of an investigation by the TJJD or COUNTY, the SERVICE AGENT shall submit to COUNTY upon request a financial audit prepared by independent certified public accountant. V. INDIVIDUAL CASE PLAN AND FAMILY INVOLVEMENT A. Each child placed with the SERVICE AGENT shall have a written Individualized Case Plan (ICP), developed in concert with the child and mutually agreed upon by the appropriate SERVICE AGENT staff and appropriate county personnel along with a family member within thirty (30) days of placement, identifying which of the nine (9) domains pertain to the child. The Case Plan shall be reviewed every 3 months (90 days) thereafter or more often if necessary, until the child is released from the program. B. The ICP shall contain the reasons why the placement will benefit the child and specify behavior goals and objectives as they pertain to the nine, (9) domains being sought for each child. Included shall be how the goals and objectives are to be achieved in the SERVICE AGENT placement. The ICP shall state how the parent(s), guardian(s), and where possible, grandparents or other extended family members will be involved in the Individual Program Plan to assist in preventing or controlling the child's alleged delinquent behavior or alleged conduct indicating a need for supervision as defined in the Texas Family Code. C. Copies of the original ICP and the periodic reviews are to be maintained by the SERVICE AGENT and the COUNTY. 4 Vol.. Pg.. [ 7 s- D. COUNTY reserves the right to terminate the child's placement at the SERVICE AGENT at its discretion. The SERVICE AGENT must not release a child to any person or agency other than the COUNTY without the express consent of the COUNTY. .E. Unless otherwise stipulated by COUNTY, the child may visit freely with parents and relatives in accordance with established SERVICE AGENT policies. F. Suspected or alleged cases of child abuse must be immediately reported to the COUNTY and the Department of Human Services by the SERVICE AGENT. VI. EXAMINATION OF PROGRAM AND RECORDS A. The SERVICE AGENT agrees that it will permit the COUNTY to examine and evaluate its program of services ;. :provided under the terms of this contract and to review COUNTY child records. This examination and evaluation of the .program may include unscheduled site visitations, observation of programs in operation, interviews, and the administration of questionnaires to the staff of the SERVICE AGENT and the child. B. The SERVICE AGENT shall provide to the COUNTY such descriptive information on contracted child as requested on forms provided by the COUNTY. C. The SERVICE AGENT agrees to maintain. and .make available for inspections, audit or reproduction by an authorized, representative of COUNTY and the State of Texas, books, documents, and other evidence pertaining to the cost and expenses of this contract, (hereinafter called the "records"). D. The SERVICE AGENT shall retain all applicable records for a minimum of seven years or until any pending audits and all questions arising there from have been resolved. E. Provide.the.000NTY with a written report of the child's progress on a monthly basis in a Monthly Progress Report. F. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: 1. -percentage of youth in program successfully achieving set education goals, Ji. percentage of youth achieving set vocational goals, iii; percentage of youth achieving set social skills goals, iv. percentage of youth demonstrating overall progress, v. number and type of investigations made by the TXDFPS or any law enforcement agency due to reports of abuse -and/or neglect. These records shall be made available to COUNTY for periodic inspection. G. Service Provider shall adopt and comply, with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison. Rape Elimination Act of 2003 (PREA). The service provider has a zero tolerance towards all forms of sexual abuse and sexual harassment in accordance with the provision of the Prison Rape Elimination Act of 2003 that provides for administrative and/or criminal disciplinary sanctions. The service provider shalt adopt policies and comply with the Prison Rape Elimination Act of 2003 (28 CFR SS 115) standards and shall permit the placing county to monitor its facility and records as necessary to ensure that the "Service Provider is complying with said standards. Under the provisions of the Prison Rape Elimination Act of 2003, the Service Provider shall provide to the placing county all incident -based aggregate .date reports for every allegation of sexual abuse or sexual harassment and all such data that may be requested by the Department of Justice from the previous calendar year no later than June 30 (SS115.387 (0) and the data necessary to answer all -questions from the most recent version .of the Survey of Sexual Violence. The Service Provider shall report to the placing county in writing within 15 days any positive findings by a court or governmental agency that the Service Provider has violated a relevant federal statute or rule. 4. .. H. Service Provider shall assist fully with any and all audits. V8. CONFIDENTIALITY OF RECORDS A. SERVICE AGENT shall maintain strict confidentiality of all information and records relatirig to children involved with COUNTY,,and shall not re -disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. Vlll. DISCLOSURE OF INFORMATION A. SERVICE AGENTwarrants that, prior to entering this contract, it has verified and disclosed the following information to COUNTY, .and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to COUNTY: i. Any and all corrective action required by any of SERVICE AGENT's licensing authorities; ii. .Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of SERVICE AGENT that has direct contact with juveniles was the alleged or designated perpetrator, iii. The identity of any of SERVICE AGENT's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term criminal history shall include: (1) current felony and misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten (10) years; or (3) a jail able misdemeanor conviction or deferred adjudication within the past five (5) years. IX. ASSURANCES A. The SERVICE AGENT is accountable for delivery of quality services and shall provide information necessary to enable COUNTY to comply with standards of TJJD and to measure progress toward specified Goals and Outcomes, if applicable. B. Under Section 231.006, Family Code, the SERVICE AGENT certifies that the individual or business entity named in -this contract is not ineligible to receive the specified payment and acknowledges that this contract may be terminated, and payment may be withheld if this certificate is inaccurate. C. The SERVICE AGENT understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or Investigation in connection with those funds. SERVICE AGENT further agrees to cooperate fully with. the State Auditor's Office or its successor in the conduct of the audit or investigation,, including providing all records requested. SERVICE AGENT will ensure that this clause concerning the authority'to audit funds received indirectly by subcontractors through SERVICE AGENT and the requirement to cooperate is included in any subcontract it awards. P. The. SERVICE AGENT will pay all taxes, if any, required by law arising by virtue of the .'services performed hereunder. The COUNTY is qualified for sales tax exemption pursuant to Section 151.309 of the Texas Limited Sales Excise and Use•Tax Act. E'. -The SERVICE AGENT currently meets and shall comply with -all applicable state and federal laws and licensing and/or certification requirements pertinent to the SERVICE AGENT's provision of services under this agreement and must notify COUNTY within 24 hours of any future failure to meet licensing requirements. Failure to comply with this requirement will be treated as a default. F. Neither COUNTY nor any employee thereof is an agent of the SERVICE AGENT and neither SERVICE AGENT nor any employee thereof is an agent of COUNTY. This agreement does not and shall not be construed to entitle either party or any of their respective employees, 9 applicable, to any benefit, privilege or other amenities of employment by the other party. G. SERVICE AGENT agrees to indemnify and hold harmless the COUNTY against any and all claims, lawsuits, settlements,,judgments, penalties and expenses, including attorney's fees, with respect to SERVICE AGENT'S performance under this contract for -which the SERVICE AGENT is liable. H. No person *not a party to. this contract may. bring a cause of action pursuant to this contract as a third -party beneficiary. This contract may not be interpreted to waive the sovereign immunity of any party to this contract to the extent such a party may have immunity under Texas law. 'I. SERVICE AGENT agrees to comply with all applicable laws, regulations and conditions required, of TJJD for juvenile boards, juvenile probation departments and their subcontractors.. X. REPRESENTATION AND WARRANTIES .SERVICE AGENT hereby represents and warrants the following:. A. That it has all necessary right, title, license, and authority to enter into this Agreement; B. That it carries sufficient insurance to provide protection to COUNTY under the indemnity provisions as well as for any potential liabilities that arise form or related to this Agreement; and The Service Agency 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 Eq � Pg. !�8 and must be issued and then approved by Brazos County Risk Management. The Certificate of Insurance must be approved by Risk Management before any -services can be rendered. 2. The Service Agency shall furnish and keep in full force the following insurance during the term of this Contract: 3. General Liability with limits for bodily injury and for property damages of not less than $1,000,000 aggregate, with Brazos County named as an additional insured with waiver of subrogation in favor of Brazos County. 4. 'Professional Liability (Errors and Omissions) Insurance appropriate to the services being provided, with limit no less than $1;000,000 per occurrence or claim, $2,000,000 aggregate. If the Service Agency maintains broader coverage and/or higher limits than the minimums shown above, Brazos County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Provider. Any available insurance proceeds in excess of the specked minimum limits of insurance and coverage shall be available to Brazos County. Abuse and molestation insurance as an endorsement to the professional liability policy with coverage for damages arising out of actual or threatened physical abuse, mental injury, sexual molestation, negligent: hiring, employment, supervision, investigation, reporting to proper authorities, and retention of any person for whom .the Service Agency is responsible including but not limited to Service Agency and Service Agency's employees and volunteers. Policy endorsement's definition of an insured shall include the Service Agency, and the Service Agency's employees and volunteers. Coverage shall be written on an occurrence basis in an amount of not less than $1,000,000 per occurrence. Any annual aggregate limit shall not be less than $1,000,000. These limits shall be exclusive to this required coverage. Incidents related to or arising :out of physical abuse, mental injury, or sexual molestation, whether committed by one or more individuals, and irrespective of the number of incidents or injuries or'the time period or area over which the incidents or injuries occur, shall be treated as a separate occurrence for each victim. Coverage shall include the cost of defense and the cost of defense shall be provided outside the coverage limit. 5. -Commercial Automotive Liability with $1,000,000 CSL for Bodily Injury and Property Damage Liability with Brazos County named as an additional insured with waiver of. subrogation. in .favor of. Brazos County. ti. .All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Service Agency receives notification of contract approval. 7. The Service Agency agrees to release and hold harmless Brazos County from any and all claims and liability due to the acts of the Service Agency's employees and the operation of his equipment. The Service Agency 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 Service Agency's employees' activities. Further, the Service Agency 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 Service Agency 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 Service Agency or Brazos County. C. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with'the requirements of Vol. Pg. 121 -Texas 'Family Code, Chapter 261 and any applicable TJJD administrative rules regarding abuse, neglect and .exploitation allegations. XI. FEE ASSESSMENT A. Childrenor. their families shall not be assessed fees for services by the SERVICE AGENT unless arrangements are specified by the Court. This does not preclude reasonable attempts to seek voluntary contribution from families of county children for donations of clothing, personal articles, and funds to assist in supporting a youth's rehabilitation. B. If a child is eligible for fiscal support from another state agency or organization, the SERVICE AGENT shall ensure that COUNTY is not charged for such fiscal support for which the child is otherwise eligible. XII. EQUAL OPPORTUNITY A. Services shall be provided by the SERVICE AGENT in compliance with the Civil Rights Act of 1964. The SERVICE AGENT will not discriminate against any employee, applicant for employment, or child because of race, religion, sex, national origin, age or handicapped condition. B. The SERVICE AGENT will take affirmative action to ensure that applicants are employed, and that the employees are treated during employment without regard to their race, religion, sex, national origin, age, or handicapped condition. XIII.OFFICIALS NOT TO BENEFIT A. No officer, member or employee of COUNTY and no member of its governing body, and no other public officials of the governing body of the locality or localities in which the project is situated or being carried out who exercise any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this contract which affects his personal interest or have any personal or pecuniary interest, director indirect in this contractor the proceeds thereof.- XIV. TERMINATION A. Termination — Without Cause: This contract may be terminated by either party by providing written notice to the other party at least thirty (30) days prior to the intended date of .termination. Any notice or other writing required by this contract shall be deemed given when personally delivered or mailed certified or registered United States Mail, postage prepaid, addressed as follows: Rite of Passage, Inc. BRAZOS CO TX JUVENILE PROBATION 2560 Business Pkwy Ste A 1904 W State Hwy 21 Minden NV 89423 Bryan TX 77803 B. 'Funding -out: 'Service provider contracts that are funded in whole and in part with .grant funds shall be subject to Termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. C. Termination — With Cause: l Vol. Fg � 9 The COUNTY may terminate this contract within thirty (30) days of delivery of written notice -for SERVICE AGENT'S failure to achieve the defined goals, outcomes, strategies and outputs as set forth in the provisions and attachments to this contract and/or SERVICE AGENT'S failure to comply with all terms and conditions set forth in this contract. Notice .of termination. shall be deemed given to SERVICE AGENT when personally delivered or mailed certified or registered United States Mail, postage prepaid at the address listed above in Paragraph A — Termination — Without Cause. D. LIQUIDATED DAMAGES 1. In the event that this contract is terminated for cause by COUNTY, SERVICE AGENT agrees to pay COUNTY for any monies paid for services not rendered by SERVICE AGENT prior to the effective date of termination of this contract. XV. AMENDMENT COUNTY may amend; modify, or alter the terms of this Agreement and specify an effective date thereof. COUNTY will then notify SERVICE AGENT in writing, dated subsequent to the date hereof, of such changes.and their effective date. Continuation of services after the effective date by SERVICE AGENT will signify its acceptance of these changes. If SERVICE AGENT declines to accept changes made by COUNTY, SERVICE AGENT may terminate this Agreement subject to the conditions therein. XVI. LAW AND VENUE A. In any legal action arising under this contract, the laws of Texas shalt apply and venue shall be in BRAZOS CO TX JUVENILE PROBATION, Texas. Rite of Passage, Inc. Rusty Alexander BusinewManaging Director BRAZOS CO TX JUVENILE PROBATION By: Chief/Director or Designee Juvenile Probation Department By: Juvenile Board Representative Vol. Pg. BRAZOS COUNTY COMMSSIONERS COURT ON-- ALLco uss T 4 .20 as . FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. BY: LIP Duane Peters, County Judge 200 S. Texas Avenue, Ste. 332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 0 DATE: i o�C>aa' 0 "_ ra ty Purchi ng'Dcp9k046 t 200 UIT Mv RAN;*3 TX 'PHONE (9 00 VAX (00) 361-4293' July 26,,.2022 .P. .ONXI, 87 Tempfex IX 765Q$, mror .8rabs Oallo. oWty'aj5pr&ei&e8 thic qudlfty'*o'r'ky'o'u'r' � c'pm"p'any;-ba's provided and would like toe"xerd-ise,the. -renewal option: for Fifelfor Braipi County 22-023R, previbitsly-known as 22-023B, 21-012R aiid.19- 1.48. All fC6s;.c.bniii,6n"s,'.a'ndpricin shdlI'xeainiVesine. 'This renewal eWterm wili be or -one yeari om 'OdoU6i 1, 2022 to September 30'1023. ',To .accept .: the wnewal option,:please out the -information Viand sign below. 11e. signed Retur4 , 1 i, dobuinprits"Eby !email ao ?cnoa@brazacouiltyu.gov or fax to. 6 -,(910) 361-420. Please then, submit an 'xipdaWCertificate ;of Insurande, by vinhill, or *J, to, the• address.'Iisted.abovp,' Vlegse, lretukt acceptance Assoon ,"possible. If you have any questions,. I may bexeache.d at (919) 36 f -4492. i6n,t'40f-Xaihe: Sgrdfi -Wales Title:: -Business DevelopinbRt Coordinator'' �4fall. Telepho-d'et. 254-101-:0000 x1l'04 FMS WHOL INC. "C 07/27/2022.-. .,,VP 4 h and Wholesale David ransportation an Date BRAZOS CQUrjTY, 7�--d (a / ci /a,c) a a. DuaniPeters, County Judge Date f Vol. pg. e3 FUEL CONTRACT BRAZOS- COUNTY PURCHASING DEPT. 200- S. Texas Ave., Ste, 352 Telephone:(979) 3614294 Contract No:19-148 Page 1 of 10 Pages• GENERALAEOUIREMENT FOR :CONTRACT Kim Fikes I, as.a duly authorized representative of - Fikes Wholesale Inc. "Contractor" willingly attest to perform (or deliver -)as per Exhibit A (Fikes. Wholesale Inc. Response to TAMU Contract RFP Main # 1.9-0024) and Exhibit B (TAMU Contract-RFP Main # 19-0024) far Brazos County. I further agree to all of the provisions and specifications .contained iti this contract. TERM OR PROJECT TINIELINE: The term of this contract will be for one (1) year, •with the -opt( to renew with four (4) additional one (1) yearperiods. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this -contract without written permission of Brazos County Commissioners Court. Should there be a change- in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its.presenf provisions and --prices. AWARD Brazos County reserves -the. right to award this contract on�the basis of LOWEST AND-BES IOFFER in accordance with the laws of the State of Texas, to waive.:any formality or irregularity, to make •awards to more than one offeror, to -reject any or. all -bids. The County reserves the right to accept or reject in part or in.whole, any IQs submitted, and -to -waive any-technicM ids for'the best interest -of -the County. BIDDERS .RESPONSifBILITY It is the bidder's sole responsibility t6 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-reridets bid- non-responsive,Fa_ ilure to completd the submission ofall required. forms, including but'not limited to the. Referenca Pagg, Douse Bill ,89 & Debarment. Verification form,. Questionnaires (when applicable), Addeiida (including revised'fdrms), and any'other-specifed-forms or documents may be ground's for rejection of entire bid By submitting, a response, to this solicitation, the bidder agrees to comply with. H-B 1295, Government. Code 2252.908. Ridder'agrees to provide Brazos County the "Certificate of -Interested-Parfies", Form 12:95. as required;, pending award, renewal, amended or extended contract. Visit httpsJ/ethics.state.tx.us/whatsnewlelf_info_form1295.htm for more information. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. Vol. Pg. / g BRAZOS-COUNTY, TEXAS Contract No.10-149 Page 2 of 9 Pages CONTRACT OBLIGATION Brazos County Commissioners Court must award -the contract -and Brazos County Judge, or other person authorized 'by Brazos. County Commissioners Court must sign the contract before. it becomes binding on Brazos County or the, offerors. Department heads are NOT authorized to sign contracts for Brazos County. Binding contracts shall remain in- effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement "between Brazos County. "and the offeror. Any and ali price escalations shall not be accepted. and shall"be considered anon -response. HOLD HARMLESS AGREEMENT Contractor,. the successful offeror, shall.. indemnify. and Bold Brazos.County harmless from all claims for personal injury, .death and/or p%operry damage "resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject -matter of this bid, appropriate- insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this contract. Certification of such coverage must be provided to .Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided -shall be made. '.by Brazos County at the sole discretion of the Commissioners- Court when -all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. Title and Risk of Loss of the goods shall not pass to 'Brazos County until the County actually accepts and takes. possession of the goods -at the point or points of delivery. ADDITIONIMODMCATION OF LOCATIONS OR SERVICES Brazos County 'reserves the right to add locations as these additional locations may be required. Locations "to be added. may include, but not -limited to, expansions or additions "to existing facilities.and acquisition -or construction of new piogert'ies. In 'the event.. that Brazos County makes significant structural changes to an existing facility that impacts- the" contractor's cost. in providing the services anticipated by this contract such change may be treated as anew facility and'the procedures provided. for in this section may be followed in determining -an appropriate -price.' In the event .Brazos County wishes to add other locations to a group under the -contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which- the new location is appropriately situated: In the event Brazos County shall sell, vacate, abandon; or otherwise dispose -.or termiinate• a Iocation to which the.contract applies, all existing contracts for services"applicable to such location, the -portion of .BRAZOS COUNTY, TEXAS Contract No.19-148 Page 3 of-9 Pages this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the contractor written notice of such termination of locations. am inimum of thirty (30) dAys in advance. INVOICES & PAYMENTS Contractor shall submit an original invoice after each delivery. Invoices must be itemized. Any -invoice, which cannon be verified by the contract price and/or is otherwise °incorrect, shall be corrected by the contractor.. Brazos County will only lie -•required °to pay for materials actually received and/or• services actually provided. Brazos County shall not -be required -to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the .contract. This term supersedes.any contradicting terms throughout the contract and/or any attachments. When multiple deliveries and/or services are required, the contractor may invoice following each delivery or performance of 'service wid-Brazos. County will pay on invoice within thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The contractor will provide an invoice for each month in which Brazos- County -is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the contractor should provide their Taxpayer Identification Number or Social Security number as applicable. This information -must be on file with Brazos County Auditor's office. Failure to provide this information, -may result in a delay in payment and/or back-up withholding as required by the Intemal Revenue Service. PRICING Prices for all goods and/or -services shall be firm for, the duration of -this contract and shall be stated on the Pricing/Delivery Information form. Prices. shall be all inclusive: No price changes, additions, -or subsequent qualifications will be honored during the course of the contract: All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage. and other charges are to be prepaid bythe coritractoi•. arid- included in the bid prices. If there are any additional charges ofany kind, other than those. mentioned above, specified ed or unspecified; offeror MUST indieate'the items required and attendant costs or forfeit the right .to payment for such items. Where unit- pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this contract or by law. Brazos County claims exemption from all sales and/or use taxes under Texas.Tax Code §151.3*09, as amended. Texas Limited Sates Tax Exemption Certificates will be furnished upon written request to Brazos CountyPurchasipg Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications; the specifications shall govern. In the: event of any conflict of interpretation of any -part of this overall contract, Brazos County's interpretation shall govern. In the event of a.conflict between the terms, conditions, provisions, and specifications of this contract and any other terms, conditions, provisions, and specifications provided by the contractor; the terms of this contract -shall supersede. GOVERNING LAW AND VENUE BRAZOS COUNTY, TEXAS Contract•No.19-148 Page 4 of 9 Page's This bid -,solicitation is governed by the laws: of the,;State of Texas, specifically, the competitive bidding requirements of'the County Purchasing Act, Texas Local Government Code, §262.02.1 et seq., as amended: Offerors shall comply with_ all •applieab'le federal, state and local laws and regulations. Offeror is further advised that these requirements shall. be fUlly governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. Potential vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to, disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any, employee of the County, County Official 'or the County Official's family members during tiie. preceding-tweNe (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer. to Texas Local :Government. Code, Chapter 176 -for the details of this law. Bidder understands that, Brazos County* is a government subject to Texas State and Federal, public information statutes. Venue •shall lie .exclusively in'Brazos County, Texas, notwithstanding anything to. the contrary. DISQUALIFICATION OF OFFEROR Upon 'signing this contract, an offeror offering to .sell supplies, materials; services, or equipment to. Brazos County certifies that,the offeror has not violated the.antitrust, laws of this state codified in Texas Business and Commerce Code. §15.01, •et seq., as amended,. or :the federal antitrust laws, 'and has' not communicated directly or indirectly the'bid made to any .competitor or- any other.person engaged in such line of business. Any or -all bids may'Wrejedted if Brazos County believes that collusion exists, among the offerors. Bids in which the prices are obviously unbalanced may be rejected.' Requests to withdraw a submitted bid or proposal are subject to the approval, of the Purchasing Agent. SEVERAMLITY If -any section, subsection, paragraph, sentence,. clause, phrase or word of these requirements or the specifications shall be held invalid, -such bolding, shall not affect the remaining portions bf these requirements and the specifications and it is hereby declared that such remaining. portions would have been included in these requirements .and the specifications as though the invalid. portion had been omitted. SILENCE Or' .SPECIFICATIONS The apparent silence of specifications as to any detail, or the. apparent *othission from it of a detailed description concerning any point, shall. be regarded, as -meaning, the .best •commercial practice is to prevail and that only material and workmanship of the finest quality ate to. be used. All 'interpretations off specifications shall be�madb on th'e;basis of this- statement. The items furnished under this contract shall be new, unused of'the latest product in production to commercial trade and shall be of the highest quality as to materials used. and. workmanship. Manufacturer furnishing these items shall be• experienced• in design and construction of such items and shall be an'establislied supplier'of the item bid. TERMINATION 9 Vol. Pg' l BRAZOS COUNTY, TEXAS Contract No.19-148 Page 5 of 9 Pages Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default.may be construed as, 'but not limited to,, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice; POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or, other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the contractor is covered by the insurance as follows: (1) $I 000.000. In the event any work is -sublet, the contractor shall require the subcontractor similarly -to provide the same%ooverage.and.shtill hinfself'acquiri� evidence of'weli coverage on behalf of the subcontractor. Waiver gf'subrogation is required. (TLC Sec. 401.011) (2) Commercial General Liabilitv Insurance with a $ 1,000,000 Combined, Single Limit. The policy shall be on the Comprehensive General .Liability 1986/90 occurrence form, and shall, include coverage for acts of independent con'tracto"fs, -and shall name Brazos County as an additional insured. Waiver of :subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Manaaerndnt. (3) Automobile Public Liability Insurance with a• t1,000;000 Combined Single Limit, in all self- propelled vehicles. used in connection with the contract; whether owned, non -owned or hired. The Certificate of Insurance furnished to Brazos .County shall contain a provision that coverage under such policies shall not be, canceled or materially changed until at -least 3.0 days prior written notice has been given to Brazos County. LIMITATIONS The parties are aware that there are constitutional and statutory limitations on .the authority of Brazos County to enter into certain terms' and conditions 'of the contract, including, but not Iimited to, authorizatioris of the placement of liens on Brazos County property; disclaimers and' limitations of warranties; disclaimers and limitations; of liability .for damages; waivers; disclaimers and limitations of legal rights; "remedies, requirements and processes; -limitations•of. periods to bring legal action; granting control of litigation or settlement to another party; liability for. acts or omissions of -third. parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectidely, the "Limitations"). Any contract terms and conditions related to the Limitations -will not be binding on Brazos County except to the extent -authorized by the laws and. Constitution of the State of Texas. COVERAGES/WAGES E Pg l Contract No.19-148 BRAZOS COUNTY, TEXAS Page.6 of 9 Pages Nothing in this conttact shall "be construed as making Brazos. County responsible for the payment of compensation and/or any benefits for contractor including health, property,, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for- the contractor's employees and/or equipment. Nothing in the contract shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the contractor. SOVEREIGNT IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself; officers, employees; agents, and volunteers as a result of its execuition of this contract and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this. contract. The parties understand and agree that Brazos County does. -not assume civil liability' under any theory of law for the actions of the contractor in providing services hereunder. NOTICES Notices shall be mailed. to. the addresses designated .herein or as may be designated in writing by the parties fiom. time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following:addresses: BRAZOSCOUNTY: Brazos'.Coun"ty, Texas Duane Peters; Brazos County ;]fudge 200 South Texas. -Avenue, Suite'332 Bryan; Texas 77803 CONTRACTOR: Sales Contact Name: Phone Number: Billing Info: Ed Young blood (254) 791,0009 -ext.,. 6219, Cell # (979) 848-6912 ASSIGNABILITY This contract inay not be. assigned without. the prior written permission of Brazos County. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained• herein for the term -of the contract and any extensions and renewfils thereto. WAIVERS No waiver by either. party hereto of any term .or condition of this contract shall be deemed or construed to be -a waiver of any other -term or condition or -subsequent waiver of the same term or condition. ENTIRE CONTRACT -Contract No.19-149 BRAZOS COUNTY, TEXAS -Page 7 of 9 Pages This contract represents the entire and integrated agreement between Brazos County and the contractor and supersedes all prior negotiations; representations, or contracts, either written or oral. This contract may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under-tius.contract and suppoiting documentation for invoices submitted to Brazos County by'the contractor shall' be retained and made- available by the, contractor for audit by Brazos County, it duly authorized representatives, the State of Texas. including; but not limited. to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United. States Government. Sucli records shall be returned by contractor and made available for any time period required by state. -or federal law. If changes occur'in the governing state or federal .law,. regarding retention records, contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state'or federal law regarding retention of records, the contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits -that be conducted with respect to the contract. AUDIT RE,SPONSIBILTY The contractor shall be responsible for -receiving, replying to and/or:�complyingWith any audit exception by appropriate federal, state or local audit -directly related to the pro"{ision of this contract. The contractor shall repay to Brazos County the- full. amount received for duplicate- billings, erroneous billings, false or deceptive. claims. The contractor recognizes and- agrees -that Brazos County may withhold any money due and recover through any appropriate method -any money erroneously'paid under this contract if evidence exists of less than full compliance with this .contract. 1"ENT EWFICATION The contractor shall defend, indemnify and save harmless Brazos County and all its officers, -agents, and employees from all suits, actions, or. claims of any character, name and description. including Attorney's fees expenses brought for or on account of any -injuries or damages received or sustained by any person or persons or property,: by or from the said contractor or. his employees. or by or in consequence of any negligence :in safeguarding the work, -or through the- use of unacceptable materials in construction of"the work, or by .or on account of any act. of omission, the Worker Compensation Law or: any other law, ordinance, order or decree; and so much of the money due the said .contractor under and by virtue of his contract as shall be considered necessary, by Brazos. County may be •retained for the use o€•Brazos County, or in case no money is due,. his sureties shall be held until suit or suits, action or actions, claim or claims :for injury or damages as aforesaid shall have- been settled .and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its, officers, agents and employees in accordance with -this indemnification clause regardless of whether the injury or damage is caused in part by Brazos. County, its officers, agents or employees. HOUSE BILL 89 & DEBARMENT VERIFICATION Vol. % pg. Contract No.19-148 BRAZOS COUNTY, TEXAS Page 8 of 9 Pages 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 Prohibitin 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 Exeluded,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 arty 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 governmeriVs 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..companx representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, GovernmentCode Chapter'2270: - 1. Does not boycott Israel currently: and 2. Will no boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. `Boycott Israel" means refusing to deal with, terminating business activities, with, or otherwise taking any action that is intended to penalize, inflict. economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business :in Israel or in an Israeli -controlled territory, but does not include, an action made or ordinary business purposes; and. 2. "Company" means a 'for -profit sole proprietorship, .organization, association, corporation, partnership,, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate. of `those entities or business associations -that exist to make a profit. Company Name: Pikes Wholesale Inc. Authorized Company Representative: Kim Pikes Address: P.O. Box 1287, Temple,'Texas 76503 Date: 09/11/2K9 Contract#: 19-148 CERTIFICATION OF BID Vol. pg. 1 � / Contract No.1'9-148 BRAZOS COtNTY, TEXAS Page 9 of 9 Pages The undersigned further affirms the non -debarment statement above, that- they are duly authorized execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid.. Signed Byr JTitle: Fikes Typed Name: Company Name: Email Address: Mailing Address:, Fikes Wholesale -Inc. kefikes@fikesinc.com P.O. Box,1287 Chief Accounting Officer Phone No. (254) 791-000.9 Temple Texas 76503 P. G. Box or Street City State Zip Employer Identification Number: 74-1857841. Appr ea b. Coinmi oners' Court on this c�. '' day of 2019 by Holding the position -of _Q.Q is fJ %r LWa. 1(3 3 Pg. Vol. �� % 02 Aggie Buy Contract # C20201235 Master Order Texas A&M University, Co Vendor: Fikes Wholesale Inc. 6261 Central Points Parkway Temple, TX 76503 Phone: 254.791.0009 x 6219 Fax: 254.771.1687 Contact: Ed Youngblood Contact Email: ege station, Texas Billing Address: Texas A&M University Financial Management Operations Attn: Accounts Payable 6000 TAMU College Station, TX 77843-6000 United States This Master Order shall be effective as of September 1, 2022 and pertains to all goods and/or services covered by Texas A&M University Aggie Buy Contract # C20201235 This document is NOT considered as an order to ship from. Individual orders and/or requests for services as a result of this Master Order shall be requested on an as needed basis. 1. Vendor shall provide goods and/or services as designated on the detailed specifications page that follows, plus the terms and conditions as stated in Request for Proposal #RFP Main 19-0024, and any addenda thereto, are all made a part hereof and collectively evidence and constitute Texas A&M University Aggie Buy Contract # C20201235 2, Delivery Information: Texas A&M University 1376 TAMU; Transportation Services Agronomy Road College Station, TX 77843-1376 3. Pavment: Payment shall be made within thirty (30) days after acceptance of goods and/or services and receipt of invoice, whichever is later. Vendor shall submit one copy of an itemized invoice referencing the Aggie Buy Contract number and any departmental issued purchase order number. Owner will incur no penalty for late payment if payment is made in 30 or fewer days from receipt of goods or services and an uncontested invoice. 4. Term: The term of the Master Order shall be from September, 1. 2022 through August 31, 2023. This Master Order may be renewed.for an additional one (1) year, if mutually agreed upon by both parties. 5. Insurance: Vendor shall provide the Texas A&M Purchasing Agent listed below certificates of insurance as required in the specifications prior to performing work on campus. 6. Freight Terms: FOB Destination, Freight Prepaid and Allowed 7. Changes: Any changes to the Master Order must be made In writing by the Texas A&M Purchasing Agent as listed below. 8. Tax Exemption: The State of Texas is exempt from all Federal Excise Taxes, Texas A&M University is exempt from state and municipal sales taxes under Texas Tax Code, Chapters 151 and 321, et. seq., for all purchases made for the exclusive use of Texas A&M. 9. The laws of the State of Texas shall govern this Master Order. Buyer Name: Patty Winkler, C.P.M. Phone 979-845-4556 E-mail p-wnkler@tamu.edu By: Purchasing Agent for Texas A&M University V5t, �f„q — V�S. l� Page 1of5 Detailed Specifications C2O2O1235 —Annual Fuel Contract PAR Requirements for Self —Performing Vendors The HUB Subcontracting Plan (HSP) submitted with the bid response shall become a provision of the purchase order. The vendor cannot change a subcontracting plan prior to its incorporation into the purchase order. TAC 20.14 (5). Per the Texas Administrative Code Chapter 20.14, Texas A&M requires the following: • Vendors self -performing must submit a HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report (PAR) to Texas A&M University on a monthly basis. The vendor will maintain business records documenting its compliance with the approved HSP and will submit a PAR to the Texas A&M Department of Procurement Services no later than the 5th calendar day of the month until the purchase order has been paid In full. TAC 20.14 (d). All PAR's shall be sent via e-mail to the following address: hubprogram@tamu.edu . Payment requests submitted without the PAR will not be processed. • Changes may not be made to the HSP without prior review and approval from the Texas A&M Department of Procurement Services. The vendor shall submit to the TAMU point of contact provided below a revised HSP if determined subcontracting will be necessary. If the selected vendor subcontracts any of the work without complying with TAC 20.14 and without prior approval from the Texas A&M Department of Procurement Services, the vendor will be deemed to have breached the purchase order and be subject to any remedial actions provided by Texas Government Code, Chapter 2161, state law and TAC 20.14 (6). Texas A&M will report nonperformance relative to its purchase orderto Texas Procurement and Support Services in accordance with TAC 20.105, Subchapter F relating to the Vendor Performance and Debarment Program. Texas A&M Point of Contact Patty Winkler, CTP, C.P.M. Phone — 979-845-4556 E-mail p-winkler@tamu.edu A copy of the PAR can also be found at the following link: http•//www window.state.tx.us/procurement i3roe/hub/hub-subcontractina-plan/ Blanket Order for Unleaded, Diesel and Bio-Diesel for various departments on the campus of Texas A&M University for the period of September 1, 2022 through August 31, 2023, as per the terms, conditions and mark-up offered in Request for Proposal #19-0024. Quantities are estimated only and do not guarantee a purchase. Delivery to be made at times and in quantities requested by Texas A&M University, ordering department Upon award, orders will be placed on an as needed basis. Any unused quantities as of August 31, 2023 shall be considered cancelled. The mark-up shall remain firm for the term of the agreement including any/all renewal options provided for in Request for Proposal #19-0024. Mark-up per gallon includes any and all costs involved in the supply and delivery of all fuels with the exception of any applicable state/federal fuel tax and the Petroleum Product Delivery Fee: Participating entities are exempt from certain Federal Excise Tax, State Sales and Transportation Taxes. Entities upon request will execute tax exemption certificates. The participating entities are subject to the State of Texas Road Tax @ $.20/gallon and all entities are subject to the State of Texas Petroleum Delivery Fee. These taxes, state imposed fees and unloading fees are not included in the unit price and will be itemized on the invoice to the ordering entity (if applicable) unloading fees are not acceptable. The only acceptable change in the fees proposed during the contract term or any extension option would be in the event the State of Texas or Federal Government makes adjustments in the fee levels of the State Petroleum Product Delivery fee or the Federal Super Fund The vendor may then pass these charges on to the entity if sufficient documentation can be provided for �C�. pg. %% Page 2 of 5 the requested changes from the respective governing body(s). Any change in these specific fees will become effective thirty (30) days after the contractor and the participating entity agree to the change. Payment Terms: Net 30 days, upon acceptance of delivery and receipt of approved invoice. The price per gallon of fuel is determined by applying the mark-up per gallon to the average rack for bio-diesel and unbranded average per gallon price listed in the "Oil Price Information Service" (OPTS) Pad 3 Net Report for Hearne and Houston, TX as in effect on the day of delivery. Pricing Formula: OPIS Price per Gallon + Vendor's Mark-up = Unit Price per Galion Renewal 3 of 4: Texas A&M University reserves the right to renew the awarded agreement for an additional one (1) year, if mutually agreed upon by both parties with all terms, conditions and markup remaining firm. Cancellation: If the suppler fails to perform in the manner specified in this contract or for reasons such as, but not limited to, consistent poor service, unsafe habits or misrepresentation of product, Texas A&M University shall have the right to cancel the contract(s) by providing the Supplier with thirty (30) days written notice. Upon award, any order is subject to cancellation, either in whole or in part, if funds are not appropriated by the Texas Legislature or otherwise made available to the end user. The agreement may be terminated, without penalty, by Texas A&M without cause by giving thirty (30) days written notice of such termination. Bio-Diesel Texas A&M University and/or participating entities reserve the right to add Blo-Diesel fuel to the contract at a later date. Pricing/markup and select grade, B5 to B20, shall be agreed upon by both parties. Item: k " . De9cripboh* .4� Qiy. Umt , ';Unit• �' r Ext P."rice . Delivery. (Days)', - .,Price . 1 Unleaded Fuel, 87, Markup GAL 0.0245 0,0245 Transport 2 Unleaded Fuel, 87, Markup 1 GAL 0.0900 0.0900 Bobtail 3' #2 Diesel, Low Sulfur, Markup t GAL 0.0299 0,0299 Transport 4 #2 Diesel, Low Sulfur Markup GAL 0.0900 0.0900 Bobtail S. #2 Dyed Diesel, Low Sulfur, Markup GAL 0.0299 0.0299 Transport F6. #2 Dyed Diesel, Low Sulfur Markup 1 GAL 0.0900 0.0900 Bobtail Page 3 of 5 Item k ' Descri lion. P Q Unit Unit Price Ext Price. Delivery (Days ) 7. DEF, 275 Gallon Totes DEF 1 GAL 595.00 595.00 Delivery fee: The Petroleum Product Delivery Fee (Remediation fee) on each load of gasoline and diesel fuel imported into Texas or withdrawn from bulk storage facilities and delivered into cargo tanks or barges. Fee Schedule: Gallons Delivered Fee Less than 2,500 $130 2,500 but less than 5,000 $3AS 5,000 but less than 8,000 $5.45 8,000 but less than 10,000 $6.95 Each 5,000 gallon increment on 10,000 gallons or more $3A5/SK gal For deliveries of at least 7,000 but less than 8,000 (whether single product type or split load), special rules apply: -If the gasoline portion of the delivery is less than 7,000 gallons, the fee is $5.45 -If the gasoline portion of the delivery is at least 7,000 gallons, the 8, fee is $6.95. The Fee will expire on September 1, 2011 If you have questions, please call Bryant K. Lomax, TPCA Manager, and Tax Policy Division at 1-800-252-1383. Additional Fuel Pricing and Tax Exemptions: (1)- Excluded, Federal Excise Tax - NA (2) - Federal Oil Spill Recovery Fee - The Taxpayer Certainty and Disaster Tax Relief Act of 2019 enacted on December 20, 2019, as part of the Further Consolidated Appropriations Act of 2020, reinstated the oil spill liability tax for the period beginning on January 1, 2020, and ending on December 31, 2020. The oil spill liability tax imposes a tax of $0.09 per barrel on crude oil received at a United States refinery, and on petroleum products entered into the United States for consumption, use or warehousing. (3) - Federal LUST Tax The current Federal Leaking Underground Storage Tank (LUST) tax is $0.001/gallon. The LUST tax applies to all purchasers. See US master Excise Tax Guide Chapter 54. Page 4 of 5 :. :(Unit k� =. DeGve y,, diem 4�Description�K ,. rs QtY Unrt S$�Pnce' Ext Price (Days) • 4.. _ .`�' t} h. t . S. i'C li ..3t.. ..1. (4) — Texas State Fuel Tax Gasoline and Diesel Fuel are currently $0.20/gallon (5)—Texas Load Fee The Texas Load Fee (which may also be referred to as the Petroleum Products Delivery Fee) is currently based upon the withdrawal of petroleum products into cargo tanks and varies according to the net total gallons of all products withdrawn. This fee ranges from $3.75 to $15.00 based on number of ciallons. See HB 2694. 9. Federal LUST Fax (3) — for Gasoline & Diesel 1 Gal 0.001 0.001 10. Applicable Texas State Fuel Tax (6) — for Gasoline and Diesel 1 Gal 0.20 0.20 TX Load Fee (5) — For Gasoline and Diesel 1 Lot 15.00 15.00 11. Range of pricing - $3.75 - $15.00 1/01. 3'P IQ La'j pg. % Page 5 of 5 in BRAZOS COUNTY BRYAN, TEXAS" DEPARTMENT CC2022 Amend Brazos County Road and Bridge NUMBER: Flood Damage Prevention Ordinance DATE OF COURT MEETING: 8/9/2022 ITEM: Request approval from Road and Bridge to amend the current Brazos County Flood Damage Prevention Ordinance; changes apply to Article 2 Definitions and Article 4.0 Permit Procedures. See attachment. TO: Commissioners Court FROM: Karen Tyler DATE: 08/04/2022 FISCAL IMPACT False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Oescriplilon Type Brazos County Flood FEMA APPROVED BRAZOS COUNTY FLOOD DAMAGE PREVENTffl ORDINANCE 07282022- Damage Prevention PROPOSED AMENDED.pd Ordinance with proposed Backup Material changes (Italicized) to Article 2 and Article 4.0 A"ROVW Duane meters Date County Judge Vol. ,� pg. /�1� ABRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road and Bridge NUMBER DATE OF COURT MEETING: ITEM: Consider and take action on adopting the Brazos County. Flood Damage Prevention Ordinance approved by FEMA. SOURCE OF FUNDS: NIA NOTES/EXCEPTIONS: The FEMA Maps are available for public viewing at the Road and Bridge Department located at 2617 Highway 21 West, Bryan, Texas. Vol. Pg. /99 60.3 (d) FLOOD DAMAGE PREVENTION ORDINANCE ARTICLE I STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS SECTION A. STATUTORY AUTHORIZATION The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the Commissioners Court of Brazos County, Texas does ordain as follows: SECTION B. FINDINGS OF FACT (1) The flood hazard areas of Brazos County are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses (structures) vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. SECTION C. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood - prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area. SECTION D. APPROVAL_ REQUIRED PRIOR TO DEVELOPMENT Approval of Brazos County is required prior to conducting development, unless excluded or exempted under State law or as exempted herein. SECTION E. METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. ARTICLE 2 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. ALLUVIAL FAN FLOODING means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high -velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. APPEAL BOARD• means the Brazos County Commissioners Court APEX - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. APPURTENANT STRUCTURE - means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure AREA OF FUTURE CONDITIONS FLOOD HAZARD - means the land area that would be inundated by the 1-percent-annual chance (100 year) flood based on Riture conditions hydrology. AREA OF SHALLOW FLOODING- means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, Al -30, AE, A99 , AR, AR/Al -30, AR/AE, AR/AO, AR/AH, AR/A, VO, VI -30, VE or V. BASE FLOOD - means the flood having a 1 percent chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATION (BFE)- The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, Al- A30, AR, Vl-V30, or VE that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year- also called the Base Flood. BASEMENT - means any area of the building having its floor subgrade (below ground level) on all sides. BREAKAWAY WALL - means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT- means any man-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving; excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING- means, for insurance purposes, a non -basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the initial FIRM or, on or before December 31, 1974, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means the preparation of additional sites by the construction of facilities for servicing the lots on 'Vol. - leq pg. �� which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters. (2) the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD ELEVATION STUDY- means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mud slide (i.e., mudflow) and/ or flood -related erosion hazards. FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY (FIS) - see Flood Elevation Study FLOODPLAIN OR FLOOD -PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. FLOOD PROTECTION SYSTEM - means those physical structural works for which fiinds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOOD PROOFING - means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY- see Regulatory Floodway FREEBOARD - Freeboard is provided to reasonably assure containment to design flood level for purposes of floodplain management, given uncertainty of water surface profile computation. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as, bridge openings, and the hydrological effect of urbanization of the watershed. FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to constriction next to the proposed walls of a stricture. HISTORIC STRUCTURE - means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (a) By an approved state program as determined by the Secretary of the Interior or; (b) Directly by the Secretary of the Interior in states without approved programs. LEGAL REPRESENTATIVE- one who represents or stands in the place of another under authority recognized by law especially with respect to the other's property or interest pursuant to a written Power of Attorney. LEVEE - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION - means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (d) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self- propelled or permanently towable by a light dirty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. REGULATORY FLOODWAY- means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. RIVERINE- means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. SPECIAL FLOOD HAZARD AREA - see Area of Special Flood Hazard START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyo d the stage of excavation; or the placement of a manufactured home Vol. pg. ozas: on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE - The terms "structure" and "building" are interchangeable in the National Flood Insurance Program (NFIP). • A structure with 2 or more outside rigid walls and a fully secured roof, that is affixed to a permanent site, principally above ground; or • A manufactured home also known as a mobile home, is a structure built on a permanent chassis, transported to its site in 1 or more sections, and affixed to a permanent foundation); or • A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the community's floodplain management and building ordinances or laws; or • A recreational vehicle, a park trailer, or other similar vehicle, except as described above. Building in the Course of Construction, a walled and roofed building that is principally above ground and affixed to a permanent site. It does not include building materials or supplies intended for use in construction, alteration, or repair unless such materials or supplies are within an enclosed building on the premises. Residential and non-residential structures are treated differently. A residential building built in a floodplain must be elevated above the Base Flood Elevation (BFE). Non-residential buildings may be elevated or floodproofed. SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the stricture before the damage occurred.. SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." VARIANCE - means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) —� Vol. 3& Pg. �� VIOLATION - means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION - means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. ARTICLE 3 GENERAL PROVISIONS SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES The ordinance shall apply to all areas within the jurisdiction of Brazos County that are not within the city limits of Bryan or College Station, Texas. SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Brazos County and Incorporated Areas," dated May 16, 2012, with accompanying Flood Insurance Rate Maps (FIRM) dated May 16, 2012 and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A F000dplain Development Permit shall be required to ensure conformance with the provisions of this ordinance. SECTION D. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. SECTION E. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION F. INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be; (1) Considered as minimum requirements; (2) liberally construed in favor of the Governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. Vol. Pg. SECTION G. WARNING AND DISCLAIMER OR LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. SECTION H. ESTABLISHMENT OF FEES The Brazos County Commissioners Court, upon the recommendation of the Floodplain Administrator, shall establish application fees commensurate with the service rendered by the County. Development fees are payable at the time of application. ARTICLE 4 ADMINISTRATION SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The County Engineer is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) pertaining to floodplain management. SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. (2) Review permit application to determine whether to ensure that the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding. (3) Review, approve or deny all applications for development permits required by adoption of this ordinance. (4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies; this includes municipal ordinances for property within the extraterritorial jurisdiction of a municipality also if applicable a Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped Vol. ��. pg. boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Development Board (TWDB) and also the Texas Commission on Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with Article 3, Section 8, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 5. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones Al -30, Al, AH, on community's FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the community first completes all of the provisions required by Section 65.12. (11) In order to reduce dangers to health, safety or property in times of flood, a Floodplain Administrator has the ability to revoke, suspend, or review any permit if valid cause is present. SECTION C. PERMIT PROCEDURES (1) Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator from the Property Owner or Legal Representative on forms fiunished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (a) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; (b) Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; (c) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5, Section B (2); (d)Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; (e) Maintain a record of all such information in accordance with Article 4, Section (13) (1); (2) Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: (a) The danger to life and property due to flooding or erosion damage; (b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (c) The danger that materials may be swept onto other lands to the injury of others; (d) The compatibility of the proposed use with existing and anticipated development; (e) The safety of access to the property in times of flood for ordinary and emergency vehicles; (f) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (g) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (h) The necessity to the facility of a waterfront location, where applicable; (i) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. 6) A development permit is good for (2) two years from the date of issuance unless revoked, automatically at the end of (2) years if the development is unfinished, a new permit will be required. (k) Any change to the FEMA Flood Insurance Rate Maps Special Flood Hazard Area at any point in development will result in review and possible revocation of a valid permit. (4) it shall be unlawful to use, occupy or permit the use or occupancy of any building, development, or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a Floodplain Development Permit has been issued by the Floodplain Administrator stating that the use of the development conforms to the requirements of this court order. (5) If required on the Floodplain Development Permit, the applicant shall be required to submit certification by a registered professional engineer that the development was accomplished in compliance with the provisions of this court order. Egg. atD_ SECTION D. VARIANCE PROCEDURES (1) The Appeal Board, as established by the community, shall hear and render judgment on requests for variances from the requirements of this ordinance. (2) The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. (3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction. (4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. (6) Variances may be issued for new construction and substantial improvements to be erected on a lot of 112 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C (2) of this Article have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Article 1, Section Q. (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (10) Prerequisites for granting variances: (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (b) Variances shall only be issued upon: (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. Vol. ,.� pg. 02�/ (c) Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (11) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in Article 4, Section D (1)-(9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: (1) All new constriction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constricted with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (5) All new construction or substantial improvements shall be constructed with a Freeboard height of two (2) feet. (6) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, (8) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. Vol.. (� pg. SECTION B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B (8), or (iii) Article 5, Section C (3), the following provisions are required: (1) Residential Construction- new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated 2 feet above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Article 4, Section C (1) a., is satisfied. (2) Nonresidential Construction new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated 2 feet above the base flood elevation or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/ or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. (3) Enclosures- new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (a) A minimum of two openings on separate walls having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided. (b) The bottom of all openings shall be no higher than 1 foot above grade. (c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured Homes (a) Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. Vol. lac". � This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. (b) Require that manufactured homes that are placed or substantially improved within Zones Al-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to 2 feet above the base flood elevation. It must be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones Al-30, AH and AE on the community's FIRM that are not subject to the provisions ofparagraph (4) of this section be elevated so that either: (i) The lowest floor of the manufactured home is 2 feet above the base flood elevation. (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (5) Recreational Vehicles - Require that recreational vehicles placed on sites within Zones Al-30, AH, and AE on the community's FIRM either (i) be on the site for fewer than 180 consecutive days, or (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements of Article 4, Section C (1), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. SECTION C. STANDARDS FOR SUBDMSION PROPOSALS (1) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this ordinance. (2) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Article 3, Section Q Article 4, Section Q and the provisions of Article 5 of this ordinance. (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B (8) of this ordinance. (4) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. (6) All subdivision proposals which include land which is encroached by areas of special flood hazard must include the placement of a permanent benchmark indicating the elevation relative to mean sea level. The benchmark must be located within the platted property, and must be indicated on the subdivision plat. If all floodplain is contained within a drainage easement, a benchmark is not required. SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated 2 feet above the base flood elevation, or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified). (2) All new construction and substantial improvements of non-residential structures; (a) have the lowest floor (including basement) elevated 2 feet above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified), (b) together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the Base Flood Elevation in an AH Zone, level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C are satisfied. (4) Require within Zones AH or AO adequate drainage paths around strictures on slopes, to guide flood waters around and away from proposed structures. SECTION E. FLOODWAYS Floodways - located within areas of special flood hazard established in Article 3, Section B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: (1) Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. (2) If Article 5, Section E (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. (3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulation&, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by Section 65.12. SECTION F. SEVERABILITY If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. SECTION G. PENALTIES FOR NON COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this court order and other applicable regulations. Violation of the provisions of this court order by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this court order or fails to comply with any of its requirements is subject to the following penalties: (1) CIVIL PENALTY: A person who violates this court order is subject to a civil penalty of not more than $500.00 for each act of violation and for each day of violation. (2) CRIMINAL PENALTY: (a) A person commits an offense if the person violates this court order. (b) An offense under this court order is a Class C misdemeanor. Each violation of this court order and each day of continuing violation is a separate offense. Any person shall, upon conviction, pay the related fine as specified above for each violation, along with all costs and expenses involved in the case. SECTION A. ENFORCEMENT BY POLITICAL SUBDIVISION _ (1) If it appears that a person has violated, is violating, or is threatening to violate this court order or a rule adopted by order issued under this court order, a political subdivision may institute a civil suit in the appropriate court for: Vol. 60 Pg. a-� a Injunctive relief to restrain the person from continuing the violation or threat of violation, including an order directing the person to remove illegal improvements and restore preexisting conditions; b. the assessment and recovery of the civil penalty; or c. Both the injunctive relief and the civil penalty. (2) On application for injunctive relief and a finding that a person has violated, is violating, or is threatening to violate this court order or rule adopted, or order issued under this court order, the Brazos County Commissioners Court shall grant the injunctive relief that the facts warrant. (3) Nothing herein contained shall prevent Brazos County from taking such other lawful action as is necessary to prevent or remedy any violation. Vol. (e Pg. `l Kristeen Roe, CTA, PCC Brazos County Tax Assessor/Collector 4151 County Park Ct Bryan TX 77802 979-775-9930 979-775-9938 Fax REFUNDS PENDING 08/02/2022 REQUESTOR 3OHN D GOURLEY ADDRESS PO BOX 12308 DALLAS TX 75225 OWNER NAME 3OHN D GOURLEY TTEE PROP ID# 8822468 REFUND AMOUNT $14.14 REQUESTOR RHONE LIVING TRUST ADDRESS 1908 MADISON ST BELLEVUE NE 68005-3339 OWNER NAME RHONE LIVING TRUST PROPID 8509701 REFUND AMOUNT 1$18.00 REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUNb AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT !Vol. ��cl � Pg. APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS GOURLEYJOHN DTTEE PO BOX 12308 DALLAS TX 75225-0308 PROPERTY DESCRIPTION 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 Legal: KURTEN WOODBINE UNITTR 027 99021002-027 VESS OIL CORPO/KURTEN (WOODBINE) .0069500000 0 Address: Account# 8$22468 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2021 Taxpayer's reason for refund: OP -Overpayment REFUND TO: . GOURLEY JOHN D MGP OIL & GAS PO BOX 12308, DALLAS TX 75225-0308 Sign below and urn form to the Brazos County Tax "I hereby apply for t e refund of the'eve-09cribet If you mfe a false statement on this application, you under T xas Penal Code Section 37.10. / Payment Date Amount Paid Refund Amount Requested 12/22/2021 $39.49 $14.14 and certify that the information on this form Is true and correct." cHnall Address be found guilty of a Class A misdemeanor or a state jail felony TAX REFUND DETERMINATION The tax efund is [�%j Approved [ ] Disapproved ;-V�E :Lv�- - 8 �49 �'Pa Authorized Offs r signature W Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date Vol. / Pg. TAX RECEIPT 01/10/2022 02:16PM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: GOURLEY JOHN D MGP OIL & GAS PO BOX 12308 DALLAS, TX 75225 3120708 12J22120il PayiP�y . Overillefund .09A.9 72M, ed 8822468 !69-021002-027-0-0990210020270028072 :69,500.0000 GOURLEY JOHN D TTEE PO BOX 12308 DALLAS, TX 76225-0308 KURTEN WOODBINE UNIT TR 027 99021002-027 VESS OIL CORPOIKURTEN (WOODBINE)) .0069500000 0 D B E- 'A A 'Y' Mt Ww A& Vbid r gini qvdra � �� - niount F� Z REFUND ENTITY 2021 0.00000 0 144843 N 14.14 0.66 0.00 ! 0.00 0.00 14.14 EMG SVCS DIST #3 2021 0.02849 1,450 50870 N DA1 0.00 0.00 0.00 0.00 0.41 N-IS13 --- - '2021--t.722880 -I-,4B0--'b=0 !q 11.79 U.UU u.uu u.uu U.UU Ildu BRAZOS COUNTY 2021 0.49350 1,450 60870 N 7.16 0.00 0.00 0.00 0.00 7.15 39.49 Balance Due As Of 1212k(1121: -14.14 ikpdir, crppnnref Ainoupt ,t. Check 6833 39.49 39.49 ol. -3 (Act Op Ed tmoore 39232 (0111012022TWO 3, zZ e 39A9 Page: I Receipt issued In Accordance with Section 31.075 of the Texas Property Tax Code TmAvUm%ki%t= APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS RHONE LIVING TRUST BARBARA R RHONE TRUSTEE 1908 MADISON ST BELLEVUE NE 68005-3359 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 PROPERTY DESCRIPTION Legal: KURTEN WOODBINE UNITTR 035 99021002-035 VESS OIL CORPO/KURTEN (WOODBINE) .0571410000 R Address: Account# 8509701 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested ZREFUND 2021 01/24/2022 $1458.62 $18.00 Taxpayei''s reason for refund: OP -Overpayment REFUND TO: RHONE LIVING TRUST BARBARA R RHONE TRUSTEE 1908 MADISON ST BELLEVUE NE 68005-3359 Sign below and return form to the Brazos County Tax Office. "I hereby apply for�the refund of the above -described taxes and certify that the information on this form is true and correct." S attire �a^te -777,`' 60,?,4 ,Gory! Phone d Email Address if you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION The tax refund is [N/;A proved [ ] Disapproved c Authorized Offiger. Signature Date S(q 1,9 a - Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date TAX RECEIPT 01/24/202211:04AM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: RHONE LIVING TRUST BARBARA R RHONE TRUSTEE 1908 MADISON ST BELLEVUE, NE 68005-3359 •.°5iia�aooa K_ y t 7 • ."7Z3S{:`2�y-'"..n...i,•yt@•4-sT'�rfii`vje,.�Y `g}K`� ;S%.t*j r,.."Mll v4 3127013 0t?sr '• ' p: a`y�tel► iie;F:.- overlRefund'. Tota�PaltF�'=_��s _`'`� 51.458.62 �:::��-;•.=.:cam iry__ ,_ ameand:A`ifdces;�2�»_ ,:�..,,� RHONE LIVING TRUST I BARBARA R RHONE TRUSTEE 1908 MADISON ST BELLEVUE, NE 68005-3359 Efity�g;• `�?�Y a r :Rate azabJe Vat e�?`�StmY#.r.,;.y— �-�, .-�,.•• 1 3���;�---.------- .3��._.�.....�.�1= 3�...d ;s �Qs'ig;nal;� axa.:Dtscli_• ��+,;PBS,:.-Att,Fees'r1�0ileiage�Atnouat ,.-�--��--. ,--; Fdj Z REFUND ENTITY 2021 0.00000 0 14M N 18.00 0.00 0.0o 0.00 0.00 18.00 CITY OFKURTEN 2021 0.08977 54,330 106760 N 48.77 0.00 0.00 0.00 0.0D 48.77 --i nfir- ES$ESF m BRYAN 1SD 2021 1.22680 80,489 108760 N 987.43 0.00 0.00 0.00 0.00 987A3 BRAZOS COUNTY 2021 0.49350 80,489 108760 N 397.21 0.00 0.00 0.00 0.00 397.21 1,468.62 Balance Due As Of 0112412022:.18.00 -•��,r�ur.� -.'�peraibr„: Ba cit: MF-� =4 �; .. 4, r j''tr:� ya 2,` �c `zr * C sa• a i c—rr 4. �o- �_' • s' mteonard 39547 (0 242022_Ml MAIL) _ - - - - - - - -- — - — --- - -- -- - - — __ . _. _.. .... - — — - - -—1.458.62' Pages 1 Receipt Issued In Accordance with Section 31.075 of the Texas Property Tax Code T,,,. *m BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2021-2022 BUDGET YEAR NO.21/22 42.1— 42.15 On this the 9th day of August 2022 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 9th day of August 2022 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 9th day of August 2022. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Bye- U`r Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget CA pg. 9A3 La BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 42.1 8/9/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund County Court at Law #1- Judicial Support Departmental Support Expenditure 669.00 General Fund County Court at Law #1- Judicial Support Benefits Expenditure 18.00 General Fund County Court at Law #1- Judicial Support Salary and Wages Expenditure 651.00 County Court at Law #1-Judicial Support To reallocate funds to cover Visiting Judges Expenses s ' E 4• blp s 5 � ky�i'aFa n y -z'�*-i'�z •� > gt�d;.x 71281z0221 ;��'�v`� Co. _ ty Judge Approval•,, �,��''"3` fi Date��j i BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 42.2 8/9/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Capital Improvement Fund Commissioners' Court -Capital Departmental Support Expenditure 9,925.00 Capital Improvement Fund Fleet Shop -Light Equipment - Capital Capital Outlay Expenditure 9,925.00 Fleet Shop - Light Equipment - Capital To reallocate funds for cost increase for CIP 22-502 Fleet Services replacement of Unit #507. bip Datt-? ,8/3l2022. [ • • bt b F �S•:(� �taa CoWnty iudiiesA" roval r A Date,, Vol. pg. AO'L BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122.42.3 8/9/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Facilities Services - Administration Contractual Services Expenditure 30,000.00 General Fund Facilities Services - Administration Repairs and Maintenance Expenditure 30,000.00 Facilities Services -Administration To reallocate funds for increase supply prices. °'� ...tea � 4 �:� ,•� rr - V lY �' <aa .,, 1 �oun .Judgcf*provai`", .: Date Voi. 3 to I,p9- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21/22 - 42,4 8/9/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Facilities Services - Administration Repairs and Maintenance Expenditure 1,500.00 General Fund Facilities Services - Administration Departmental Support Expenditure 1,500.00 Facilities Services -Administration To reallocate funds for increased travel costs for training. qgg 1 i - at tyy� Ct• . #� P Date E 3�_LPg. � Myepry f ,yx tou _ ,�uiice Approval . Date t BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21/22 - 42.5 8/9/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Generai Fund Facilities Services - Administration Repairs and Maintenance Expenditure 3,000.00 General Fund Facilities Services - Administration Departmental Support Expenditure 3.000.00 Facilities Services -Administration To reallocate funds for increased cost of supplies for janitorial services. l _ x rds 8/3l2022 � .. 'Co ty,JudgeABProval Vol. pg. OW BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 42.6 819/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Commissioners' Court -Non Capital Commissioners' Court -Non Capital Professional Services Expenditure 1,161.00 Commissioners' Court -1N'on Capital Risk Management - Non Capital Contractual Services Expenditure 1,161.00 Risk Management - Non Capital To reallocate funds for the cost increase to rent a lift for CIP 22-565 to install security cameras at the Administration Building. }'*rtuC%rr¢ 9 Vol. 3 cePg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21/22 - 42.7 8/9/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Facilities Services - Administration Contractual Services Expenditure 8,500.00 General Fund Facilities Services - Administration Capital Outlay Expenditure 8,500.00 Facilities Services -Administration To reallocate funds for purchase of a replacement Inspection Camera. �1p y JudgeApj�rdva( Vol. Pg• Zp- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 42.8 8/9/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Facilities Services - Administration Contractual Services Expenditure 5,000.00 General Fund Facilities Services - Administration Departmental Support Expenditure 5,000.00 Facilities Services -Administration To reallocate fimds for increased costs of non capital equipment purchases. 611A6 Jud9eA {iroval Date, vol. Pg. 02® BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 42.9 8/9/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Landscaping Repairs and Maintenance Expenditure 1,400.00 General Fund Landscaping Departmental Support Expenditure 1,400.00 Landscaping To reallocate fimds for increased costs of non capital equipment purchases. r- [late r, ` 8i3/2022 Yd. 3(e9 Pg. �'a' �Cou Judge'Approvalr Datey Yy'' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 42.10 8/9/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Information Technology - Services Community Contracts Expenditure 19,99756 General Fund Information Technology - Administration Community Contracts Expenditure 406.60 General Fund Sheriff Office - Administration Community Contracts Expenditure 6,246.93 General Fund Sheriff Office - Jail Administration Community Contracts Expenditure 2,033.02 General Fund Sheriff Office - CSISD School Security Community Contracts Expenditure 1.589.45 General Fund Constable Pct #1 Community Contracts Expenditure 517.50 General Fund Constable PcL #2 Community Contracts Expenditure 70232 General Fund Constable Pct. #3 Community Contracts Expenditure, 406.60 General Fund Constable Pct. 94 Community Contracts Expenditure 665.35 General Fund Community Supervision Support Community Contracts Expenditure 147.86 General Fund County Attorney Community Contracts Expenditure 480.53 General Fund District Attorney Community Contracts Expenditure 147.86 General Fund Emergency Management Community Contracts Expenditure 6,653.54 Information Technology, SO-Adraft&tration, Jail, Constables Pct. #1, Constable Pct. #2, Constable Pct. #3, Constable Pct. #4, CSCD, County Attorney, District Attorney, and Emergency Management (EOC) 1 Reallocation of funds to the appropriate department's account to cover the FY 222 4th quarter payments for the radio maintenance cost that is provided by BV %VACS. ` . te. ,, !', fr+"�,-�`'�k �.�� �i,.•�t-��� :514I2022 �0, xs,Coun Judge'ApptoiVal ,� .=a Date"y =s Viol. ," q pg. 3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21/22.42.11 8/9/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Commissioners' Court -Non Capital Information Technology -Non Capital De artmental Support Expenditure 1.020.00 Commissioners' Court - Non Capital Tax Office - Non Capital Departmental Support Expenditure 1,020.00 Tax Office Non Capital To reallocate funds for a replacement scanner for ilia Tax Office bi ? 3t,T,i,sasf; i., p $ ? a ! of ;.61 402z �. Coun udeA proval Dafey_ `` voi. 3 Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 42.12 8/9/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Departmental Support Expenditure 10,000.00 General Fund Talc Office - Administration Departmental Support nditure 10,000.00 Tax Office -Administration To reallocate funds for bank charges for supplies from FNC Bank. g " Gounty� depprz`oal, .;Date w;4 Vol. Pg.� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 42.13 819/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Commissioners' Court -Non Capital Information Technology -Non capital Departmental Support Expenditure 537.04 Commissioners! Court - Non Capital 85th District Court - Non Capital Departmental Support Expenditure 537.04 85th District Court - Non Capital To reallocate funds for a replacement printer for 85th District Court b1pi 022 Vol. pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 42.14 819/2022 FUND NAME DEPARTMENT NAIVE DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund --CLASS District Attorney Administration Departmental Support Expenditure 3,000.00 General Fund District Attorney Administration Repairs and Maintenance Expenditure 3,000.00 District Attorney -Adminstration To reallocate funds for increased fuel costs voi.— pg_ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 42.15 8/9/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Commissioners' Court -Non Capital Information Technology -Non Capital Departmental Support Expenditure 717.12 Commissioners' Court -Non Capital Sheriffs Office - Non Capital Departmental Support Expenditure 717.I2 Sheriffs Office - Non Capital To reallocate funds for a replacement printer for the Sheriffs Office 8/31202}}2 ?,..,a Couniy7 diAApprovaU_ ftfU Dgf$v. Vol. pg, Personnel Change of Status ( Aug 4, 2022 ) Commissioners' Court Date: Department Submitting Information: Purpose of Submissions: 08-09-2022 Human Resources Consider and Take Action on Change Employment -Oepartme Name,+, 55 r4i` . r Employee tn r } ~3' Facilities Services - Administration Garcia, Rosita ]ail Medical Services Lomas -Zapata, David El,n qy _ F,'r-. trd �t '� "'§ { a `'ti 3"' a 4. 3 ro, Separations w awDepartmentName . >b r� Employee,Name 4° r4s 3 r U.�� Approved in Commissioners' Court: 08-09-2022 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) F . 36 v P9. � PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 08-09-2022 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action, Requested Request(s) Applies To County Clerk — Management Fund Cao, Thao Approved in Commissioners' Court: 08-09-2022 : County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Change of Status bola